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Oldcastle Concrete PDP Repeal (Ordinance 29-14/PDP 13-0004) Planning Division

Final Project Staff Report

Prepared by Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator

Approved by Derek C.S. Burr, AICP, Planning Division Manager

August 14, 2014

PURPOSE The purpose of this document is to provide a single, consolidated review from the Planning Division concerning a request to repeal an existing Planned Development Process (PDP) project entitled “Oldcastle Precast.” Within this report the following topics are addressed:

• Description of the project; • Project background; • Applicant request; • Analysis; • Consistency with the City’s Comprehensive Plan; and, • Recommendation.

DESCRIPTION OF PROJECT According to the Company’s website, Oldcastle Precast (formerly Oldcastle Concrete) is a company that specializes and delivers precast products with drainage, transportation, utility, communication, environmental and custom applications. Oldcastle Precast has more than 80 locations nationwide including one plant located at 2220 Pondella Road in Cape Coral. The Pondella facility manufactures products that have underground applications like culverts and catch basins (personal communication with plant staff on February 4, 2014). The City classifies this business as a Stone, Clay, Glass and Concrete Products Manufacturing, Group III use. Group III uses include establishments that manufacture concrete block and brick products and businesses that manufacture concrete products except without involving block and brick. In Cape Coral, Group III uses are allowed as a permitted use in the Commerce Park Overlay (CPO) and as a special exception use in the Industrial (I-1) zoning district. This business consists of four separate parcels that collectively comprise nearly 20 acres. All four properties have a Pine Island Road District (PIRD) future land use designation and have Corridor (CORR) zoning along with the CPO. Additional details concerning these properties are summarized in Table 1.

August 14, 2014 PDP13-0004

Table 1. Information on Properties Comprising the Oldcastle Precast Development. Strap No. Address Owner Primary Use

of Property Area (acres)

08-44-24-C2-00003.0040 2140 Pondella Road Robert W. Olsen, Trustee, of the Robert W. Olsen Trust dated December 10, 1991

Plant operations

10.07

08-44-24-C2-00003.0050 2220 Pondella Road Oldcastle Precast East, Inc. Storage and loading

9.21

08-44-24-C2-01549.0070 2113 NE 6th Street Oldcastle Precast East, Inc. Parking 0.23 08-44-24-C2-01549.0150 2207 NE 6th Street Utility Vault Co. Green area 0.46 TOTAL 19.97 PROJECT BACKGROUND Previously Granted Entitlements Ordinance 74-94 approved a PDP entitled “Oldcastle Concrete.” This commercial PDP involved a development consisting of an open product storage yard, and a future office and dispatch building on 9.10 acres of land located at 2220 Pondella Road. The property was zoned Thoroughfare-Commercial (C-3) at the time of PDP approval in 1994. It appears a PDP was required for this project by the City in 1994 since the area of the development exceeded three acres. At that time, the City’s LUDRs required all development of three acres or more in land area to seek entitlements through the PDP process. Within this PDP in 1994, the following approvals were granted:

• A special exception in a C-3 district to allow an open storage use; • A variance of 24 feet to the City’s Land Use and Development Regulations (LUDRs), Section 7.10

to allow for a 48-foot ground sign; and, • Site plan.

Ordinance 33-96 amended previously adopted Ordinance 74-94 described above. This PDP amendment authorized the developer to improve drainage, re-establish paved surfaces, develop employee parking and pedestrian areas, construct water quality treatment areas, and establish buffering areas. Specifically, this amendment approved the following requests:

• An increase to the project area of the development within the City of Cape Coral by 10.65 acres due to lands that were voluntarily annexed into the City by Ordinance 20-96;

• A change in the zoning designation for project lands annexed into the City to I-1 and rezoning other project lands from Pedestrian Commercial (C-1) to I-1 and from R-3 to Professional Office (P-1);

• A special exception for the Manufacturing of Stone, Clay, Glass, and Concreted Products Group III within the I-1 district;

• A variance to LUDR, Section 3.9.6.B to allow the construction of a six-foot tall fence within two feet of all property lines;

• The phasing of requirements contained within the Engineering and Design Standards, Sheet 53 for lane widening, curb, gutter, and sidewalk along NE 6th Street; and,

• Site plan. Lastly, Ordinance 30-02 amended previously adopted Ordinance 74-94, as amended by Ordinance 33-96. This PDP amendment in 2002 approved a total of 6,703 ft2 of expanded covered gantry crane areas

August 14, 2014 PDP13-0004

and the provision of roof covers over two existing 9,900 ft2 work areas. Specially, this amendment approved the following two requests:

• A variance to LUDR, Section 2.7.10.3 that requires a minimum two-hour fire wall, in order to allow the roofed, open-air gantry crane structure to be built without a fire wall; and,

• Site plan. Land Use and Zoning Designations While lands comprising the Oldcastle Concrete development have had C-3, I-1 and P-1 zoning in the past, the subject property currently has Corridor (CORR) zoning along with the CPO applied to the entire site. The future land use designations of the subject properties were changed by the City from Commercial/Professional and Industrial to Pine Island Road District by Ordinance 38-02. The entire subject property was subsequently rezoned to the CORR district by Ordinance 8-04. Most recently, the CPO was applied to multiple properties in the Pondella Road area of the City, including the entire subject site by Ordinance 2-10. APPLICANT REQUEST The applicant requests that Ordinances 74-94, 33-96, and 30-02 that govern the Oldcastle Precast development be repealed by the City Council. Such an action would eliminate all conditions that currently govern the Oldcastle Precast project. In addition, such an action could allow the future expansion of the project facilities without requiring a PDP amendment. Staff is aware of only one other project located in the City where the City Council approved an ordinance that resulted in a repeal of the PDP associated with the project. Ordinance 21-98 approved a PDP project entitled “Steve Westphal’s Auto Dealership” for property located at 2607 Del Prado Boulevard South. Approved in 1998, this project development order granted a special exception to establish a Rental Establishment, Group IIII use in a C-1 zoning district, a deviation to the City’s Engineering and Design Standards to allow sod in lieu of pavement to be installed on 277 feet of an adjacent platted alley, and site plan approval. Upon a request by the property owner in 2007, the PDP was repealed by the City Council. ANALYSIS As part of analyzing this request, staff has reviewed previously approved site plans associated with this project and compared these plans with an existing development plan submitted by Avalon Engineering in 2013 as part of the application package. Staff has visited the Oldcastle Precast site a minimum of three times over the past year, has interviewed the Plant Manager, Tommy Turpin, and reviewed an Annual Monitoring Report filed on behalf of the business. Planning staff has also discussed this project with Code Compliance and City Police Department staff to obtain records of any enforcement actions taken against this business. Lastly, conditions that appear in the three development orders that govern this project were examined. Listed below are several conditions that appear to be unique to this project compared to other PDPs that have been approved for projects located in the City. Some of these conditions regulate physical conditions or improvements associated with this project; other conditions regulate operational aspects of the development. Following each condition is a synopsis of staff’s evaluation of the status of the condition.

August 14, 2014 PDP13-0004

A comparison of the site plans that were approved by Ordinances 33-96 and 30-02 with the Existing Site Conditions sheet submitted by Avalon Engineering in 2013 as part of their current application package show that the project has developed consistent with these previously approved plans. Below is a list of several conditions that appear to be unique to this project compared to other PDPs that have been approved for projects located in the City. This list is not meant to be exhaustive of all project conditions, but rather attributes of PDP approval conditions that are the most relevant to this request. Staff comments pertaining to each condition appear also below. Transportation: “The construction by the Developer of the lane widening, sidewalk, curb, and gutter along NE 6th

Street required by the City of Cape Coral Engineering and Design Standards, Sheet 53, shall be postponed until either of the following conditions are met: (a) Any property other than that currently owned by the Developer located in Block 1548 or

Block 1549, Unit 17, develops with a professional or commercial use; or

(b) The Developer acquires Lots 3 and 4, Block 1458 and Lots 13 and 14, Block 1549, Unit 17. At such time as either of the above conditions is met, the Developer shall construct all right-of-way improvements on NE 6th Street required by the City of Cape Coral Engineering and Design Standards, Sheet 53. Notwithstanding the above mentioned conditions, the Developer shall construct lane widening, sidewalk, curb, and gutter along NE 6th Street required by the City of Cape Coral Engineering and Design Standards, Sheet 53, prior to the expiration of this Development Order.”

Staff comments: This condition appeared in Ordinance 33-96. These improvements were completed in 2013, which was after the expiration of the build-out date associated with Ordinance 30-02 of May 3, 2012.

General Considerations: “Block 1548, Lots 30 through 36; Block 1549, Lots 1 and 2, 5 through 12, and 15 through 18, and

the vacated portion of NE 21st Street shall only be developed as employee/visitor parking, stormwater treatment areas, and landscaped buffering.”

Staff comments: This condition appeared in Ordinance 33-96. The lots identified are utilized by the development as employee/visitor parking, stormwater treatment areas, and landscaped buffering, as required.

“One access point shall be permitted from NE 6th Street to the employee/visitor parking area as

indicated on the submitted PDP site plan dated January 16, 1996 subsequently amended April 25, 1996. This entrance shall be open only during normal business hours of the facility.”

Staff comments: This condition appeared in Ordinance 33-96. The employee/visitor parking area has been constructed on Lots 5-12 within Block 1549 and includes a single driveway to NE 6th Street.

August 14, 2014 PDP13-0004

“There shall be no vehicular access from the employee/visitor parking area to any other area of the Oldcastle Concrete facility.”

Staff comments: This condition appeared in Ordinance 33-96. Access from the employee/visitor parking area to other areas of the Oldcastle Concrete facility is limited to foot traffic.

“The employee/visitor parking area shall be utilized only by employees and visitors for

temporary parking of personal vehicles during normal business hours of the facility.”

Staff comments: This condition appeared in Ordinance 33-96. The parking area located off NE 6th Street is utilized by employees and visitors only.

“All truck traffic related to the manufacturing, prefabrication, storage, or transport of concrete

materials, products, or equipment shall enter the Oldcastle Concrete facility from the access point on Pondella Road. The above described truck traffic shall be prohibited from utilizing NE 6th Street and the Oldcastle Concrete facility access point on NE 6th Street.”

Staff comments: This condition appeared in Ordinance 33-96. All truck traffic pertaining to production, prefabrication, storage and the transport of materials, products and equipment utilize the driveway to the facility off Pondella Road. The driveway located off NE 6th Street is only utilized by employees and visitors.

“The business hours of Oldcastle Concrete facility shall be no earlier than 6:30 a.m. on Mondays

through Saturdays, or later than 7:00 p.m. Mondays through Fridays, and 5:00 p.m. on Saturdays.”

Staff comments: This condition appeared in Ordinance 33-96. Based on an opinion rendered by the Assistant City Attorney, the term “business hours” has been interpreted to mean those hours generally open for the transaction of business. As a result, the Assistant City Attorney has opined that activities may occur on the site outside the hours identified in the ordinance provided such activities are nontransactional. Such nontransactional activities could include maintenance, repairs, or the cleaning of equipment.

“The Developer shall take necessary steps to provide minimal noise levels.”

Staff comments: This condition appeared in Ordinance 33-96. Based on a conversation with the Oldcastle Precast Plant Manager, Tommy Turpin, the following strategies have been implemented by the business to minimize noise: 1. Back-up alarms have been modified for forklifts to produce less sharp noise compared to

conventional back-up alarms. In addition smart alarms are utilized that automatically reduce the decibel level of the alarm when it is quiet on the grounds.

2. The timing and frequency of blow-off dampers associated with the batch plant has been modified to reduce noise levels. Operations occur less frequently than previously.

3. An alarm previously utilized in conjunction with a crane is no longer employed. An alarm has been replaced by a verbal system.

4. Aggregates are loaded into an aggregate bin during the morning hours only.

August 14, 2014 PDP13-0004

“The Developer shall take necessary steps to minimize the dust being emitted into the air and water.”

Staff comments: This condition appeared in Ordinance 33-96. Based on a conversation with the Oldcastle Precast Plant Manager, Tommy Turpin, the following strategies have been implemented to reduce dust levels associated with plant operations: 1. As dust from the batch plant is the greatest dust generator, filters are checked regularly and

changed when required. 2. The business utilizes a sweeper attached to a bobcat that sweeps up dust that accumulates on the

grounds once or twice a week. “The Developer shall continue to negotiate with the City of Cape Coral for the purchase of Lots

13 and 14, Block 1549, Unit 17.”

Staff comments: This condition appeared in Ordinance 33-96. Information available from the Lee County Property Appraiser’s Office indicates that the City of Cape Coral sold Lots 13 and 14 to Oldcastle Concrete, Inc. in 1997. In reviewing the conditions associated with PDP projects in general, staff relies heavily on annual monitoring reports provided to the City by the developer. In reviewing the conditions associated with the Oldcastle Precast project staff notes that required off-site improvements to NE 6th Street did not occur prior to the expiration of the build-out period associated with Ordinance 30-02 but were instead completed the following year and passed City inspection. In 2012 a complaint against the Oldcastle Precast was filed with the City. The individual filing the complaint alleged that the business was operating outside their allowed hours of operation specified within Ordinance 33-96. The business was also requested to take the necessary steps to provide for minimal noise levels. In connection with this complaint, an opinion regarding the Company’s business hours was rendered by the Assistant City Attorney. Based in part on case law and the language contained within Ordinance 30-02, the Assistant City Attorney opined that Oldcastle is prohibited from conducting business or serving customers prior to 6:30 am or after 7:00 pm from Monday-Friday, or after 5:00 pm on Saturdays. However, the City cannot prohibit Oldcastle from conducting activity on the property, such as maintenance, repairs, or equipment cleaning, outside of the business hours identified in Ordinance 30-02. In an effort to document noise conditions attributable to plant operations, during 2012 the City’s Police Department performed a two-day sound survey near the Oldcastle property and reported that no municipal code violations were observed (12-22, City of Cape Coral Code of Ordinances). Planning staff notes that the Stone, Clay, Glass and Concrete Products Manufacturing, Group III use employed by Oldcastle Precast is a permitted use in the CPO. When the project was originally approved the City of Cape Coral, all developments of three acres or more were required to utilize the PDP process for seeking entitlements. The City amended its regulations in 2000 (Ordinance 13-00) to eliminate the minimum area requirement for properties located in the City’s Urban Services Infill and Transition areas. More recently, the City required that uses associated with I-1 zoned lands located adjacent to one or more properties with a residential future land use classification could only be established, constructed, enlarged or expanded by means of the PDP process or an enhanced buffering option. However,

August 14, 2014 PDP13-0004

properties located south of the project and abutting the Oldcastle development that previously had a Multi-Family future land use classification and were zoned R-3 no longer exist as these properties now have PIRD future land use classification and CORR zoning with the CPO. As a result of these regulatory and future land use changes, if a proposed development seeking a Stone, Clay, Glass and Concrete Products Manufacturing, Group III use on the subject site was submitted to the City today, a PDP would not automatically be required pursuant to the City’s LUDRs, unless a particular request like a deviation for setback relief was sought by the developer. The subject properties are located in an area of the City that supports quasi-industrial uses particularly to the north and to the west of the subject properties. Nearby developments include Southwind Commerce Park and East Cape Commerce Center both projects that were approved by PDP because each project involved the subdivision of land. However, as individual parcels within each subdivision are developed, staff would expect these projects to be reviewed administratively through the City’s site plan review process. Scattered single-family homes and duplexes exist to the south and east of the subject property. Repealing the PDP for this project would allow improvements to occur on the subject property through the City’s site plan review process rather than requiring a more time-consuming PDP amendment. Additionally, developers commonly express concern to staff that when a PDP or PDP amendment is required to be filed more uncertainty is interjected into the project since project approval hinges on the outcome of a public hearing at the conclusion of the process. Should the City Council repeal the PDP associated with the Oldcastle Precast project, all conditions associated with the three development orders would likewise be rescinded and would no longer be enforceable by the City. Several of these conditions pertain to project operations. One condition in particular limits the time period in which Oldcastle Precast can conduct business as described previously within this report. It would be reasonable to expect that if these conditions were lifted, the business at some point might want to expand the hours in which they conduct business operations beyond their current limitations. In this respect, Oldcastle Precast would then have the freedom to operate the business without the existing time constraints, similar to the situation that exists for most of their commercial neighbors in the area. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN While the City does not have any goals, objectives, or policies that directly address the repeal of a PDP, this request is consistent with the following objective. Economic Development Element Objective 4: The City shall review and, where possible, streamline land development regulations and permitting processes to shorten the review cycle time such that Cape Coral becomes measurably more efficient location for creating commercial development. RECOMMENDATION In summary, staff finds that the Oldcastle Precast project has developed consistently with the site plans that were previously approved for this project. Based on a monitoring report reviewed by the City, visits to the site by staff, interviews with Oldcastle personnel, discussions with City Police and Code

August 14, 2014 PDP13-0004

Compliance staff, this establishment has been operating consistently with respect to the conditions contained within the project development orders. Staff is aware of one transportation improvement that while made, was constructed later than that specified within the development order. The use employed on the Oldcastle site is a permitted use within the CPO. Given the land use and zoning changes that have occurred to the subject property as well as surrounding properties since this project was first approved by the City, a similar project at this location today would not necessarily be required to seek entitlements through the PDP process. In consideration of these factors, staff supports the developer’s request to have the PDP associated with the Oldcastle project to be repealed. Should this occur, future improvements to the site would proceed through the City’s site plan review process and could occur more expeditiously and with more certainty compared to amending a development order. Lastly, changes to City regulations that occurred within the past several years and since the last PDP amendment in 2002, most notably the strengthening of the City’s landscaping requirements and adopting architectural standards for commercial development will be applied to new major development activities proposed for this site in the future. Staff Contact Information Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Planning Division PH: 239-242-3255 Email: [email protected]

mailto:[email protected]

Marilyn W. Miller Direct Dial: 239-985-4807

[email protected]

Paul Dickson

July 2, 2013

Director, Department of Community Development City of Cape Coral 1015 Cultural Park Boulevard Cape Coral, FL 3 3 990

Re: Request to Repeal Ordinance 33-96 ("Oldcastle Concrete" PDP)

Dear Mr. Dickson:

The undersigned represents the Owner of the real property that is currently governed by to the above-referenced PDP Ordinance. For the reasons stated below, the Owner is requesting that this Ordinance and any prior PDP ordinances for this property be repealed by the City Council.

The original PDP Ordinance (74-94) that covered a portion of the current Oldcastle Concrete site was adopted by the City in 1994. At that time, only a portion of the property that now comprises Oldcastle Concrete was located within City limits. The portion of the property that was located in the City was zoned C-3 and the PDP granted a special exception to permit outdoor storage of the materials produced by the Olsen Concrete manufacturing facility which was located on property in unincorporated Lee County. In 1996, the property owner, Robert Olsen, applied to the City to annex the property where the manufacturing facility was located. The annexation was approved on April 22, 1996 (Ordinance 20-96). On July 16, 1996, the City adopted Ordinance 33-96 which amended the prior PDP Ordinance in order to rezone the recently annexed property to I-1 and to approve a special exception for the Manufacturing of Stone, Clay, Glass, and Concrete Products Group III in the I-1 zoning district. On May 3, 2002, the PDP was again amended to permit a limited expansion of the manufacturing activities (Ordinance 30-02).

On February 17, 2004, the City initiated rezoning on various properties in the Pine Island Road Corridor (Ordinance 8-04). As a result of the adoption of Ordinance 8-04, the Oldcastle Concrete property was rezoned from I-1 to Corridor Zone. On January 26, 2009, the City Council adopted Ordinance 133-08 which added the "Commerce Park Overlay" to the City's zoning regulations. The stated purpose of the Commerce Park Overlay is to" ... expand the uses available in designated geographic areas of the Corridor Zoning district. .. " The Oldcastle

FOWLER WHITE BOGGS P.A. TAMPA. FORT MYERS • TALLAHASSEE • JACKSONVILLE • FORT LAUDERDALE

2235 FIRST STREET. FORT MYERS, FL 33901. P.O. Box 1567. FORT MYERS, FL 33902 TELEPHONE (239) 334-7892 •FAX (239) 334-3240 • www.fowlerwhite.com

·-

Paul Dickson July 2, 2013 Page2

Concrete property is located in one of the areas covered by the Commerce Park Overlay. As a result, "Manufacturing of Stone, Clay, Glass, and Concrete Products Group III" is now a Permitted Use for the Oldcastle Concrete property. In addition, the Oldcastle Concrete property is no longer required to be developed pursuant to a PDP (see Section 2.7.13.J.5.a of the LDC). Since the current uses located on the property are now permitted by right and are not required to go through the PDP process to develop or expand, the PDP is no longer necessary and should be repealed.

The undersigned, on behalf of Robert Olsen, Trustee, therefore requests that an Ordinance repealing Ordinances 74-94, 33-96 and 30-02 be prepared and scheduled for public hearing before City Council.

cc: A val on Engineering Client

Sincerely,

FOWLER WHITE BOGGS P.A.

'?J(+0~ Marilyn W. Miller

FOWLER WHITE BOGGS P.A. TAMPA• FORT MYERS • TALLAHASSEE •JACKSONVILLE • FORT LAUDERDALE

NOTICE OF 1035 PUBLIC HEARING

NOTICE OF PUBLIC HEARING

YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt ORDINANCE 29-14; AN ORDINANCE REPEAL-ING ORDINANCES 74-94, 33-96, AND 30-02, WHICH APPROVED OR AMENDED A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL ENTITLED "OLDCASTLE CON-CRETE"; PROPERTY LOCATED AT 2220 PONDELLA ROAD; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

FURTHER that an application has been received from Old Castle Precast East Inc., Utility Vault Co., and Robert W. Olsen, Trustee, of the Robert W. Olsen Trust dated December 10, 1991.

FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Plan-ning Agency on September 3rd, 2014 at 9:00 A.M. in the Council Chambers at City Hall.

FURTHER that said request will be reviewed by the Cape Coral City Coun-cil on September 29, 2014 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 Direc-tor 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 accommoda-tions 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 1-239-574-0411 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance.

FURTHER You are allowed suffi-cient time to write or appear at the public hearing to voice your objections or approval. Please reference the case number below within your correspond-ence 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 Mike Struve at 2 3 9 - 2 4 2 - 3 2 5 5 o r a t [email protected] .

by order of Rebecca van Deutekom, MMC City Clerk REF # PDP13-0004 Sunday, August 24th , 2014 Friday, September 21st, 2014


ORDINANCE 29-14

PDP 13-0004

08/05/14

AN ORDINANCE REPEALING ORDINANCES 74-94, 33-96,AND 30-02, WHICH APPROVED OR AMENDED APLANNED DEVELOPMENT PROJECT IN THE CITY OFCAPE CORAL ENTITLED "OLDCASTLE CONCRETE"; PROPERTY LOCATED AT 2220PONDELLA ROAD; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the "Oldcastle Concrete" Planned Development Project was approved by Ordinance74-94, as amended by Ordinance 33-96 and Ordinance 30-02; and

WHEREAS, due to a City-initiated rezoning, the "Oldcasde Concrete" property is no longer requiredto be developed pursuant to a PDP; and

WHEREAS, the City Council of the City of Cape Coral desires to repeal Ordinance 74-94, Ordinance33-96 and Ordinance 30-02, effectively terminating the Planned Development Project approvedtherein.

NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS THISORDINANCE AS FOLLOWS:

SECTION 1. Ordinance 74-94, Ordinance 33-96 and Ordinance 30-02, which approved or amendedthe "Oldcastle Concrete" Planned Development Project are hereby repealed. All existing and futurestructures and uses, population density, building intensity, and building height shall conform to therespective provisions of the zoning district that is applicable to that parcel of property at the time ofapplication for any such use, pursuant to the Land Use and Development Regulations, Cape Coral,Florida, as same may hereafter be amended.

SECTION 2 Severability. In the event that any portion or section of this ordinance is determined tobe invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in nomanner affect the remainingportions or sections of this ordinance, which shall remain in full force andeffect.

SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its adoption by theCape CoralCityCouncil.

ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR

SESSION THIS DAY OF , 2014.

VOTE OF MAYOR AND COUNCILMEMBERS:

SAWICKIBURCH

CARIOSCIANESTALEONERBRICKWILLIAMSDONNELL

MARNI L. SAWICKI, MAYOR

ATTESTED TO AND FILED IN MY OFFICE THIS

2014.

DAY OF

APPROVER

BRIAN R. BARTOS

ASSISTANT CITY ATTORNEYord/pdpl3-0004 Repeal Oldcastle

REBECCA VAN DEUTEKOM

CITY CLERK

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COUNCILMEMBER RAINERO PDP 94-00800007 11109/94 12-15-94 12119/94 12/19/94 . ·· -' _-)

ORDINANCE 74 - 94 3705471

AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "OLDCASTLE CONCRETE"; PROVIDING FOR PLANNED DEVELOPMENT PROJECT APPROVAL FOR CERTAIN PROPERTY DESCRIBED AS PARCEL 3.5 OF SECTION 8, TOWNSHIP 44 SOUTH RANGE 24 EAST, CAPE CORAL, FLORIDA, LOT 28 OF SOUTH FLORIDA FARMS SUBDIVISION (AN UNRECORDED SUBDIVISION) LESS THE 'NEST 60 FEET THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 227.0 PONDELLA ROAD; GRANTING A SPECIAL EXCEPTION TO ALLOW OPEN STORAGE; GRANTING A VARIANCE OF 24 SQUARE FEET FROM SECTION 7.10 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS TO ALLOW FOR A 48 SQUARE FOOT GROUND SIGN; GRANTING SITE PLAN APPROVAL AS PER DEVELOPMENT PLAN SET OF NINE (9) SHEETS PREPARED BY AVALON ENGINEERING, INC., WITH REVISIONS DATED 911/94; 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 Oldcastle Precast, Inc. has been received requesting approval of a Planned Development Project (PDP) for Oldcastle Concrete requesting special exception, variance, and site plan approval; and

WHEREAS, the request has been reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency on December 14, 1994; 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, VARIANCE, SITE PLAN, SPECIAL EXCEPTION.

That the City Council having reviewed the application requesting approval of a Planned Development Project for Oldcastle Concrete PDP number 94-008.00007, requesting a Special Exception in a Thoroughfare Commercial (C-3) zone to allow open storage; a Variance of 24 square feet from section 7.10 of the City of Cape Coral Land Use and Development Regulations to allow for a 48 square foot ground sign; Site Plan approval as per development plan set of nine (9) sheets prepared by Avalon Engineering, Inc., with revisions dated 911/94. 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 said PDP approv31. from the date of adoption of this ordinance. Approval of the PDP shall be subject to. the t«yms and conditions set forth below. .•

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SECTION II. FINDING OF FACT/CONCLUSION OF LAW

A. The Oldcastle Concrete development is a commercial Planned Development Project (PDP). This development allows open product storage for the Olsen Concrete manufacturing facility. which is located on parcel 3.4 which is currently outside the City boundary. The development consists of an open product storage yard, and a future office and dispatch building on ±9.10 acres of land located at 2220 Pondella Road. The proposed development will contain an out parcel of ±55,855 square feet (±1.28 acres), ±26,784 square feet(± 0.62 acres) of access road area, ±174,342 square feet (±4.00 acres) of product storilge areas, and ±38,659 square feet (±0.89 acres) of parking lot area which the developer intends to eventually use as a dispatch area by amending this PDP. Approximately 100,903 square feet (±2.31 acres) of the site are to be dedicated as surface water management tracts and buffers. The development will occur in one phase with a build out in five years. The developer contemplates future (dispatch and office) phases of development, reco&nizing that such development will require an amendment to this ordinance.

B. The proposed conditions below meet the criteria found in Section 163.3227, Florida Statutes.

C. The name of the legal and equitable owner is Pondella Group Partnership.

D. The legal description of the property is as follows:

Lot 28 of South Florida Farms Subdivision (an unrecorded subdivision) less the west 60 feet thereof. Said Lot 28 being more particularly described as follows:

Beginning 40 feet south of the Northeast comer of Section 8, Township 44 South, Range 24 East; thence run Westerly along the South right-of-way line of Pondella Road for 1,080 feet to the Point of Beginning. From said Point of Beginning continue Westerly for 360 feet; thence run South for 1,328.1 feet; thence run East for 360 feet; thence run North for 1,317.5 feet to the Point of Beginning.

E. The subject parcel has ±9.1 acres zoned Thoroughfare Commercial (C-3), pursuant to the authority of Chapter 166, Florida Statutes, and the Land Use and Development Regulations, Cape Coral, Florida, as amended.

F. All existing and future structures and uses, population density, building intensity, and building height shall conform with the provisions of the Commercial (C-3) District of the Land Use and Development Regulations, Cape Coral, Florida, as amended. In addition, the development shall obtain all1ocal 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.

G. The Application for Development Approval is consistent with the requirements of Chapter 163, Florida Statutes.

H. The proposed development is not located in an Area of Critical State Concern, pursuant to the provisions of Chapter 380.05, Florida Statutes.

I. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area.

J. The proposed development, as noted, is consistent with the adopted City of Cape Coral Comprehensive Plan, and the City of Cape Coral Land Use and Development Regulations.

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f. Selection, installation, and maintenance of plants, trees, and other vegetation and landscape design features that have minimal requirements for water, fertilizer, maintenance, and other needs.

g. Planting of shade trees to provide shade for all street and parking areas.

h. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months.

i. .Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind.

j . Provision for structural shading (e.g., trellises, awnings, and roof overhangs), wherever practical when natural shading cannot be used effectiv!!ly.

k. Provision of bicycle racks or storage facilities in recreational, commercial, and multi-family residential areas.

C. HURRICANE EVACUATION

1. Prior to issuance of building permits for habitable structures, the Developer shall meet with the Lee County Disaster Preparedness 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.

2. The Developer shall incorporate within their building design the sheltering demands of the employees and their families if possible.

D. WETLANDS, VEGETATION, AND WILDLIFE

1. Ongoing control and removal of nuisance exotic plants on-site is required including but not limited to Casuarina sp. (Australian Pine), Melaleuca quinquenervia (melaleuca), and schinus terebinthifolius (Drazilian Pepper).

2. Required on-site landscaping and screening shall be maintained throughout the life of this development.

3. A protective barrier composed of stakes (or other scrap lumber) and rope or other suitable material shall be placed around all existing trees to remain as shown on sheet 6 of 9, Landscape and Striping Plan, revised 9/1/94 of submitted development plans.

(a) Barrier shall be erected prior to land clearing, filling, grading, or construction activities.

(b) Barrier shall be placed at or greater than the full drip line of all protected trees and shall be maintained and remain in place until all major construction activity is terminated.

(c) No equipment, chemicals, soil deposits, or construction materials shall be placed within such protective barriers.

(cj) Light construction activities subsequent to the removal of protective barriers shall be accomplished with light machinery or hand labor.

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SECTION m. ACfiON 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 this _ day of __ , 199 _, that the Planned Development Project application for Development Approval submitted by Oldcastle Precast, Inc., hereinafter referred to as "Developer", 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

I. Drainage, including detention/retention, water quality, and stormwater discharge, shall be in compLiance with South Florida Water Management District (SFWMD) criteria.

2. If site is enlarged to ten acres or more, the following conditions shall apply: Prior to the issuance of any bujlding permits, a general permit and storm water discharge certification shall be obtained from the South Florida Water Management District (SFWMD). With each individual site development submitted, the Developer shall be required to provide on-site storm water runoff provisions, with either a letter of compliance, modification, or exemption, as applicable, from South Florida Water Management District.

3. The Developer shall provide, as part of the site' s overall management plan, regularly scheduled parking lot vacuum sweeping to help ensure optimal stormwater runoff quality.

4. Prior to the issuance of any building permits, if applicable, the Developer shall coordinate with the City of Cape Coral, the Florida Department of Environmental Protection (FDEP), and the SFWMD in the siting of any on-site temporary transfer and storage facilities for all special or hazardous waste that may be generated within the project site. Any facility constructed on-site shall be located as far away from the surface water management system as feasible.

5. At completion of construction, 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 the City of Cape Coral, and should consist of the wording "Construction Completion Certification". If site is enlarged to ten acres or more, such certification by the Engineer of Record shall include that all stormwater infrastructure and facilities have been constructed in accordance with the design approved by the South Florida Water Management District (SFWMD).

B. ENERGY

1. The Developer shall incorporate at a minimum the following energy conservation measures into this development.

a. Use of energy efficient features in window design (e.g., tinting and exterior shading).

b. Use of operable windows and ceiling fans.

c. Installation of energy-efficient appliances and equipment.

d. Installation of energy-efficient lighting for streets, parking areas, :ihg oth!>r interior and exterior ,public areas.

e. Cooperation in the location of bus stops, shelters, and other passenger and system accommodations for a transit system to service . the project area.

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2. City wastewater service is anticipated to be available to the site in Fiscal Year 2000.

3. Any on-site package treatment plants or septic tanks shall operate only until City or regional facilities become available on site. At that time, the project shall connect to these facilities. As assurance of that, the Developer shall install a wastewater collection system for connection to central facilities when they become available.

4. The op.erating standards of the package plant, the percolation ponds and the disposal of stabilized sludge shall be as required by FDEP and the City.

5. In any case, the rules of the Department of Health and Rehabilitative Services stated in Chapter 10 D-6, Standards for On-site Sewage Disposal Systems, will be adhered to alor:g with the requirements of FDER for Sewage Treatment.

6. Sewer impact fees shall be paid as specified by City Ordinance.

I. WATER SERVICE

1. Water impact fees shall be paid as specified by City Ordinance.

2. The Developer shall design, construct, and install all on-site improvements required by the City to connect Oldcastle Concrete to the City' s water system. Said design, construction, and installation shall be accomplished, in accordance with prevailing City design criteria, and use the City's Master Plan as the design guide, and be subject to City inspection and approval prior to acceptance. On-site improvements shall be defined as all water and sanitary sewer facilities within the Oldcastle Concrete project boundary, including but not limited to all lines, mains, equipment, improvements, easements, rights-of-way for utilities, including all water mains and water meters.

3. Any connection of the Oldcastle Concrete project to water and sewer facilities must connect to City of Cape Coral water and sewer facilities.

J. AIR QUALITY

1. If the development creates a complex source of pollution as defined by FDEP rules, application shall be made directly to DEP for permitting.

2. The development will be required to comply with all federal, state and local laws and codes governing air quality and emissions.

K. 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

I. The traffic impact assessment upon which this development order for Oldcastle Concrete PDP is based assumes project buildout in five years. The traffic impact assessment included the expected impacts of industrial proposed land use(s).

2. The Developer or property owner shall provide the City of Cape Coral all appropriate Road Impact Fees at the time each building permit is issued.

3. The Developer shall provide the City of Cape Coral with an Annual Traffic Monitoring Report each year until the development reaches buildout. Preparation

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E. FIRE PROTECTION

I. Fire impact fees shall be paid as specified by City Ordinance.

2. Structures wiU be limited to thirty (30) feet in height. The thirty foot maximum height limit may be exceeded if 'two means of egress are provided or if the building is protected with an automatic sprinkler system.

3. The Developer shall review site development plans with the fire department to incorporate fire protection design recommendations into the project. Development plans are subject to conformance to all Local, State, and National Codes.

F. WATER CONSERVATION

I . The Developer shall incorporate the use of water conserving devices as required by state law (Section 553. I4, Florida Statutes).

2. For the purpose of non-potable water conservation, the development should utilize xeriscape principals in the design and installation of the project's landscaping.

3. No irrigation should take place on the site between the hours of 9:00 A.M. and 5:00 P.M. after the establishing of landscaping, and prior to the installation and hook-up to the secondary water system, if applicable. After the secondary water system is installed, there will be no watering restrictions unless mandated by the City or SFWMD for conservation or other health, safety, and welfare reasons.

G. SOLID WASTE

I. 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 EPAJDEP 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 will 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. There will be no on-site solid waste disposal facilities.

6. The Developer will participate in recycling programs.

7. Solid waste disposal shall be provided through Lee County, Florida pursuant to Special Act, Chapter 85-447. The existing landfill has capacity through October I995. A I ,700 acre landfill will open in I995. In 1995, a I,200 ton per day incinerator will come on line. Current and planned facilities have sufficient capacity to meet the demands of this development.

H. WASTEWATER MANAGEMENT

I. The Developer shall provide assurances that any wastewater, containing hazardous waste materials, shall be segregated from everyday wastewater and handled in accordance with FDEP criteria.

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conditions of this Development Order, 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: Substantial deviations include but are not limited to:

I. A greater than five (5) percent increase in the square footage of the development.

2. Any change that requires a variance to code or other requirements over and above those specifically incorporated herein.

3. An exp\ration of the period of effectiveness of this Development Order as herein provided.

4. A failure to carry out Development Order conditions and/or Developer commitments incorporated within the Development Order to mitigate impacts to the extent indicated in the Development Order, or in accordance with the Development Order.

Upon a finding that any of the above is present, the City Council may order a termination of all development activity until such time as a new PDP Application for Development Approval has been submitted, reviewed and approved in accordance with Chapter 163, Florida Statutes, and all local approvals have been obtained.

H. The deadline for commencing physical development under this Development Order shall be two (2) years from the date of adoption of the Order or one (1) year from final permit approval from all appropriate governmental jurisdictions, whichever is less, provided that all conditions are met in a timely manner and further provided that this effective period may be extended by this Council upon a finding of excusable delay in any proposed development activity and that considerations have not changed sufficiently to warrant further consideration of the development. In the event the Developer fails to commence significant physical development of that property identified in this Development Order within two (2) years from the date of rendition of this Development Order, development approval shall terminate and the development shall be subject to further consideration. Significant physical development shall include obtaining a certificate of compliance or occupancy on some substantial portion of the project (e.g., water management system or major road system). This Development Order shall otherwise terminate in five (5) years from the date of this Development Order, unless an extension is approved by this Council. An extension may be granted if the project has been developing substantially in conformance with the original plans and approved conditions, and if no substantial adverse impacts not known to Cape Coral at the time of their review and approval, or arising due to the extension, have been identified. For the process of determir.ing when the build-out date has been exceeded, the time shall be tolled during the pendency of administrative and judicial proceedings relating to development permits.

I. The Director of the Cape Coral Department of Community Development or his designee, shall be the local official responsible for assuring compliance with this Development Order.

J. The Developer, or its successors in title to the undeveloped portion of the subject property, shall submit a report annually to the Cape Coral City Council, the Director, and all affected permit agencies. This report shall describe the state of development and compliance as of the date of submission.

The first monitoring report shall be submitted to the Director not later than one (1) year from the effective date of this order, and further reporting shall be submitted not later than annually thereafter. The Developer shall so inform any successor in title to any undeveloped portion of the real property covered by this Development Order. This shall not be construed to require reporting from tenants or owners of individual lots or units. Annual Monitoring Reports including Traffic Monitoring Reports shall be required until such time as the project is complete, at which time, a final development report shall be submitted to the City.

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of the report shall not begin until the Developer provides the City of Cape Coral with an acceptable methodology for preparing the report. Should this report show impacts greater than those estimated at the time of the original project approval, additional mitigating actions will be required.

M. GENERAL CONSIDERATIONS

I. The Developer is entitled to credit for contributions, construction, expansion, or acquisition of public facilities, that require impact fees or exactions to meet the same needs. The local government and the Developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of his fair share.

N. CONCURRENCY

I. The Oldcastle Concrete PDP is concurrent for roads, sewer, water, drainage, solid waste, and parks based on the analysis of the proposed development and specific mitigation programs specified herein.

0. MISCELLANEOUS

I. The rear access gates on the subject property shall be permanently closed within thirty (30) days.

2. Existing storage material on adjacent lots shall be removed within thirty (30) days.

SECTION IV. LEGAL EFFECT AND LIMITATIONS OF TIDS DEVELOPMENT ORDER, AND 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 for Development Approval filed for Oldcastle Concrete.

B. This Development Order shaJI be binding on the Developer and its heirs, assignees, or successors in interest.

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 ~d 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 regu}ations adopted after the effective date of this Development Order.

G. Subsequent requests for local development permits shall not require further eview pursuant to Sections 163.3220-163.3243, Florida Statutes, unless it is found by the City Council, after due notice and hearing, that a substantial deviation from the terms or

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K. Copies of this recorded Development Order will be forwarded to the Developer, the Department of Community Affairs, and all permitting agencies. Upon this Development Order becoming effective, notice of its adoption shall be recorded in the Office of the Clerk of the Circuit Court by the City, as provided in Section 163.3239, Florida Statutes.

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.

Upon its adoption by the Cape Coral City Council, this ordinance shall take effect when it has been recorded in the public records of the County and thirty (30) days after having been received by the State Land Planning Agency pursuant to Section 163.3239, Florida Statutes. Permits issued prior to or after the effective date of this Ordinance are obtained solely at the risk of the Developer and are subject to the requirements and review pursuant to Chapter 163, Florida Statutes.

ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR SESSION THIS _l:11i DAY OF ~ 1994.

ATTESTED TO AND FILED IN MY OFFICE THIS ~A Y OF~~ , 1994.

LEGAL REVIEW:

oe__ BRUCE R. CONROY CITY ATTORNEY

9

BONNIE J. VEN , - Y CLERK

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PDP 96-008.00006 05/16/96 06/24/96

ORDINANCE 33 - 96

AN ORDINANCE AMENDING ORDINANCE 74-94 4000594 APPROVING A PLANNED DEVELOPMENT PROJECT/ IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "OLDCASTLE CONCRETE"; PROVIDING FOR PLANNED DEVELOPMENT PROJECT APPROVAL FOR CERTAIN PROPERTIES LOCATED IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, AND BLOCK 1548, LOTS 3 0 THROUGH 3 6 , AND BLOCK 15 4 9 , LOTS 1 AND 2, LOTS 5 THROUGH 12, AND LOTS 15 THROUGH 18, UNIT 17, CAPE CORAL, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 2220 PONDELLA ROAD; GRANTING SITE PLAN APPROVAL FOR PDP PLANS DATED JANUARY 16, 1996 AND SUBSEQUENTLY AMENDED ON APRIL 25, 1996; ESTABLISHING A CITY OF CAPE CORAL ZONING CLASSIFICATION OF I-1, INDUSTRIAL, FOR A TRACT OR PARCEL OF LAND IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24, EAST, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, WHICH TRACT OR PARCEL WAS VOLUNTARILY ANNEXED INTO THE CITY LIMITS OF CAPE CORAL PURSUANT TO ORDINANCE 20-96; REZONING FROM C-1, PEDESTRIAN COMMERCIAL, TO I-1, INDUSTRIAL, A SEPARATE TRACT OR PARCEL OF LAND IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN; REZONING LOTS 30 THROUGH 36, BLOCK 1548, AND LOTS 1 AND 2, LOTS 5 THROUGH 12, AND LOTS 15 THROUGH 18, BLOCK 1549, ALL LOCATED IN UNIT 17, CAPE CORAL SUBDIVISION, FROM R-3, MULTI-FAMILY RESIDENTIAL, TO P-1, PROFESSIONAL; GRANTING A SPECIAL EXCEPTION FOR THE MANUFACTURING OF STONE, CLAY, GLASS, AND CONCRETE PRODUCTS GROUP III WITHIN AN I-1, INDUSTRIAL, ZONING DISTRICT; GRANTING A VARIANCE TO SECTION 3.9.6.B OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS TO PERMIT THE CONSTRUCTION OF A SIX (6) FOOT HIGH FENCE WITHIN TWO (2) FEET OF ALL PROPERTY LINES; GRANTING THE PHASING OF REQUIREMENTS CONTAINED IN CITY OF CAPE CORAL ENGINEERING AND DESIGN STANDARDS SHEET 53 FOR LANE WIDENING, CURB, GUTTER, AND SIDEWALK ALONG N.E. 6TH STREET; ESTABLISHING THAT ALL PROVISIONS OF ORDINANCE 74-94 SHALL REMAIN IN FULL FORCE AND EFFECT FOR THE ENTIRE OLDCASTLE CONCRETE PDP EXCEPT AS OTHERWISE PROVIDED HEREIN; 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 Robert Olson has been received requesting the amendment of a Planned Development Project (PDP) for Oldcastle Concrete (PDP #94-008.00007) previously approved by the City of Cape Coral Council on December 19, 1994 (Ordinance 74-94);

·requesting site plan approval for PDP plans dated January 16, 1996 and subsequently amended on April 25, 1996; establishing a City of Cape Coral zoning classification of I-1, Industrial, for a tract or parcel of land in Section 8, Township 44 South, Range 24 East, Lee County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein, which tract or parcel was voluntarily annexed into the City limits of Cape Coral pursuant to Ordinance 20-96; rezoning from C-1, Pedestrian Commercial, to I-1, Industrial, a separate tract or parcel of land in Section 8, Township 44 South, Range 24 East, Lee County, Florida as more particularly described in Exhibit "B" attached hereto and incorporated herein; rezoning from R-3, Multi-Family Residential, to P-1, Professional, Lots 30 through 36, Block 1548, and Lots 1 and 2, Lots 5 through 12, and Lots 15 through 18, Block 1549, all located in Unit 17, Cape Coral Subdivision; requesting a special exception for the Manufacturing of Stone, Clay, Glass, and Concrete Products Group III within an I - 1, Industrial, zoning district;

·. requesting a variance to Section 3.9.6.B of the City of Cape Coral · Land Use and Development Regulations to permit the construction of

a six (6) foot high fence within two (2) feet of all property lines; requesting the phasing of requirements contained in the City

of Cape Coral Engineering and Design Standards Sheet 53 for ~ane' widening, curb, gutter, and sidewalk along N.E. 6TH Street; and

WHEREAS, the request has been reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency on May 22, 1996; 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.

The City of Cape Coral City Council does hereby grant said PDP approval, an amendment to PDP Ordinance 74-94, site plan approval for PDP plans dated January 16, 1996 and subsequently amended on April 25, 1996, establishment of a City of Cape Coral zoning classification of I-1, Industrial, for a tract or parcel of land in Section 8, Township 44 South, Range 24 East, Lee County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein, which tract or parcel was voluntarily annexed into the City limits of Cape Coral pursuant to Ordinance 20-96; the rezoning from C-1, Pedestrian Commercial, to I-1, Industrial, a separate tract or parcel of land in Section 8, Township 44 South, Range 24 East, Lee County, Florida as more particularly described in Exhibit "B" attached hereto and incorporated herein; the rezoning from R-3, Multi-Family Residential, to P-1, Professional, Lots 30 through 36, Block 1548, and Lots 1 and 2, Lots 5 through 12, and Lots 15 through 18, Block 1549, all located in Unit 17, Cape Coral Subdivision; a special exception for the Manufacturing of Stone, Clay, Glass, and Concrete Products Group III within an I-1, Industrial, zoning district; a variance to Section 3.9.6.B of the City of Cape Coral Land Use and Development Regulations to permit the construction of a six (6) foot high fence within two (2) feet of all property lines; the request for the phasing of requirements contained in the City of Cape Coral Engineering and Design Standards Sheet 53 for lane widening, curb, gutter, and sidewalk along N.E. 6TH Street from the date of adoption of this ordinance. Approval of the PDP shall be subject to the terms and conditions set forth below.


A. The Oldcastle Concrete development is an existing industrial/manufacturing Planned Development Project (PDP). This development consists of an existing concrete manufacturing, prefabrication, and storage facility on 19.75 acres of land located at 2220 Pondella Road. The development currently contains 51,491 square feet of building structures, concrete manufacturing, and storage facilities. The proposed PDP amendment will permit the Developer to improve drainage, reestablish paved surfaces, develop employee parking and pedestrian areas, construct water quality treatment areas, and establish buffering areas. Approximately 26,941 square feet of the site will be provided for ingress, egress, and internal site circulation and 86,168 square feet of the site are to be provided as surface water management tracts. The development will occur in two (2) phases with a build out in ten (10) years.


c.

D.

. J The name of the legal and equitable owner is Robert Olson. ·.

The legal descriptions of the parcels included in the Oldcastle PDP in addition to the property described in the original Development Order, Ordinance 74-94, are as follows':

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I' ' ·~

' 1

2

. A TRACT OR PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE RUN S 0°09'07"W ALONG THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PONDELLA ROAD, (STATE ROAD 78-A); THENCE N 89°23'34"W ALONG SAID RIGHT-OF-WAY LINE (40.00 FEET FROM THE CENTERLINE) FOR 2160.00 FEET; THENCE S 0°09'07"W, 987.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 0°09'07"W, 357.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 8; THENCE S 88°56'02"W, ALONG SAID SOUTH LINE A DISTANCE OF 180.00 FEET; THENCE N 0°09'07"E, 357.32 FEET; THENCE N 88°56'02"E, 180 FEET TO THE POINT OF BEGINNING .

SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS AS OF RECORD IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.

AND

A TRACT OF PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

FROM THE NORTHEAST CORNER OF SAID SECTION 8, RUNS 0°09'07"W, ALONG THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 40.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PONDELLA ROAD (SR 78-A); THENCE N 89°23'34"W PARALLEL TO AND 40.0 FEET FROM THE CENTERLINE OF SAID PONDELLA ROAD A DISTANCE OF 1380.0 FEET; THENCE S 0°09'07"W PARALLEL TO THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 956.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 0°09'07"W 370.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTH HALF (N 1/2) OF SAID SECTION 8; THENCE S 88°56'02"W ALONG SAID SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTH HALF (N 1/2) OF SECTION 8 A DISTANCE OF 420.08 FEET; THENCE N 0°09'07"E 370 . 52 FEET; THENCE N 88°56'02"E 420.08 FEET TO THE POINT OF BEGINNING.

SUBJECT TO A ROAD EASEMENT OVER AND ACROSS THE WEST 15.0 FEET THEREOF, ALSO SUBJECT TO ANY AND ALL EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD.

AND

A TRACT OR PARCEL OF LAND IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

FROM THE NORTHEAST CORNER OF SAID SECTION 8, RUN S 0°09'07"W ALONG THE EAST LINE OF SAID SECTION FOR A DISTANCE OF 40.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PONDELLA ROAD (SR 78-A); THENCE N 89°23'34"W PARALLEL TO AND 40.0 FEET FROM THE CENTERLINE OF SAID PONDELLA ROAD A DISTANCE OF 1980.0 FEET; THENCE S 0°09' 07"W PARALLEL TO THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 987.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 0°09'07"W 357.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTH HALF (N 1/2) OF SAID SECTION 8; THENCE S 88°56'02"W ALONG SAID SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTH HALF (N 1/2) OF SECTION 8 A DISTANCE OF 180.04 FEET; THENCE N 0°09'07"E 357.52 FEET; THENCE N 88°56'02"E 180.04 FEET TO THE POINT OF BEGINNING.

SUBJECT TO A ROAD EASEMENT OVER AND ACROSS THE EAST 15.0 FEET THEREOF, ALSO SUBJECT TO ANY AND ALL EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD.

AND

A TRACT OR PARCEL OF LAND IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

3

ORZ 121 f.G.099\\\ FROM THE NORTHEAST CORNER OF SAID SECTION 8, RUNS 0°09 ' 07"W ALONG THE EAST LINE OF SAID SECTION FOR A DISTANCE OF 40.0 FEET TO A POINT ON THE SOUTH RIGHT-OF - WAY LINE OF PONDELLA ROAD (SR 78-A); THENCE N 89°23'34"W PARALLEL TO AND 40.0 FEET FROM THE CENTERLINE OF SAID PONDELLA ROAD A DISTANCE OF 1380.0 FEET; THENCE S 0°09' 07"W PARALLEL TO THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 956.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 0°09'07"W 370.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTH HALF (N 1/2) OF SAID SECTION 8; THENCE S 88°56'02"W ALONG SAID SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTH HALF (N 1/2) OF SECTION 8 A DISTANCE OF 600.12 FEET; THENCE N 0°09'07 "E 370.52 FEET; THENCE N 88°56'02"E 600.12 FEET TO THE POINT OF BEGINNING.

SUBJECT TO A ROAD EASEMENT OVER AND ACROSS THE WEST 15.0 FEET THEREOF, ALSO SUBJECT TO ANY AND ALL EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD.

AND

LOTS 30 , 31,32,33,34,35,AND 36, BLOCK 1548 AND LOTS 1,2,5,6,7,8,9,10,11,12,15,16,17,AND 18, BLOCK 1549, ALL LOCATED IN CAPE CORAL UNIT 17, ACCORDING TO PLAT BOOK 14, PAGES 23 THROUGH 37 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND ALL THAT PART OF N.E. 21ST AVENUE (VACATED BY RESOLUTION #79-91) LYING ADJACENT TO AND CONTIGUOUS WITH LOT 36, BLOCK 1548 AND LOT 1, BLOCK 1 549, AND LYING NORTH OF N.E. 6TH STREET (60' WIDE).

E . The subject properties have 8.03 acres zoned I-1, Industrial, 2.62 acres zoned P-1, Professional, and 9.1 acres zoned C-3, Highway Commercial, pursuant to the authority of Chapter 166, Florida Statutes, and the Land Use and Development Regulations, Cape Coral, Florida, as amended. The subject properties have Future Land Use designations of Industrial, Mixed Use, and Commercial/Professional .

F . All existing and future structures and uses, population density, building intensity, and building height shall conform with the Land Use and Development Regulations, for the City of 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 .

G. The Application for Development Approval is consistent with the requirements of Chapter 163 , Florida Statutes.

H. The proposed development is not located in an Area of Critical State Concern, pursuant to the provisions of Chapter 380.05, Florida Statutes.

I . The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area.

J. The proposed development, as noted, is consistent with the adopted City of Cape Coral Comprehensive Plan, and the City of Cape Coral Land Use and Development Regulations.

K. The term "Developer" for purposes of this development o:r'der ; . shall mean and refer to Robert Olson, his heirs, 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

4

: . :

1 ; .· • ( ~· ' I(• ! ·. ·, I ( . c l ·,· .. '\: ,'

• _,, : i OR2727 PG0992 · assembled this 24th day of June, 1996, that the Planned Development Project amendment application for Development Approval submitted by Robert Olson, is hereby ordained approved, subject to all conditions, restrictions, and limitations set forth in Ordinance 74-94 as well as 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 building permits, a general permit and stormwater discharge certification shall be obtained from the South Florida Water Management District (SFWMD) . 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.

:2. The applicant must modify the existing Pollutant Discharge Elimination System (NPDES) reflect proposed erosion control measures project.

National permit to for the

3. Upon completion of construction and prior to the issuance of a Certificate of Occupancy, the Developer shall submit a "Certification of Construction Compliance" letter from the Engineer of Record certifying that the stormwater/surface water management infrastructure has been constructed in compliance with all SFWMD criteria and approved plans.

B. WATER CONSERVATION

All applicable assessments or betterment fees for irrigation water shall be paid as specified by City Ordinance prior to the issuance of any building permits.

C. WASTEWATER MANAGEMENT

The Developer shall pay all applicable sewer assessments or betterment fees prior to the issuance of any building permits.

D. WATER SERVICE

The Developer shall pay all applicable potable water assessments or betterment fees prior to the issuance of any building permits.

E. TRANSPORTATION

1. The traffic impact assessment upon which this development order for Oldcastle PDP is based assumes project buildout in ten (10) years. The traffic impact assessment included the expected impacts of industrial proposed land uses.

:2. The traffic impacts of this development do roadway and intersection level of service LOS standards adopted in · the City of Comprehensive Plan.

not degrade (LOS) below Cape Coral

3. The construction by the Developer of the lane widening, sidewalk, curb, and gutter along NE 6th Street required by the City of Cape Coral Engineering and Design Standards, Sheet 53, shall be postponed until either of the Lollowing conditions are met:

(a) Any property other than that currently owned by the Developer located in Block 1548 or Block 1549, Unit 17, develops with a professional or commercial use; or

5

OR2121 P.G 0 9 9 3 (b) the Developer acquires Lots 3 and 4, Block 1548 and

Lots 13 and 14, Block 1549, Unit 17.

At such time as either of the above conditions are met, the Developer shall construct all right-of-way improvements on NE 6th Street required by the City of Cape Coral Engineering and Design Standards, Sheet 53.

Notwithstanding the above mentioned conditions, the Developer shall construct the lane widening, sidewalk, curb, and gutter along NE 6th Street required by the City of Cape Coral Engineering and Design Standards, Sheet 53, prior to the expiration of this Development Order.

4 . The Developer shall provide the City of Cape Coral all appropriate Road Impact Fees at the time of application for each building permit.

5. The Developer shall provide the City of Cape Coral with an Annual Traffic Monitoring Report each year until the development reaches buildout. Preparation of the report shall not begin until the Developer provides the City of Cape Coral with an acceptable methodology for 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, as required by the City of Cape Coral, to assure that all roadways and intersections shall be improved so as to maintain the adopted peak hour LOS standard.

F. GENERAL CONSIDERATIONS

1.

2.

3 .

4.

5.

6.

7.

The existing industrial, manufacturing, and storage uses shall not be expanded beyond the area or scope shown on the submitted PDP site plan dated January 16, 1996 subsequently amended April 25, 1996.

Block 1548, Lots 30 through 36; Block 1549, Lots 1 and 2, Lots 5 through 12, and Lots 15 through 18, and the vacated portion of NE 21st Street shall only be developed as employee/visitor parking, stormwater treatment areas, and landscaped buffering.

One access point shall be permitted from NE 6th Street to the employee/visitor parking area as indicated on the submitted PDP site plan dated January 16, 1996 subsequently amended April 25, 1996. This entrance shall be open only during the normal business hours of the facility.

There shall be no vehicular access from the employee/visitor parking area to any other area of the Oldcastle Concrete facility.

The employee/visitor parking area shall be utilized only by employees and visitors for temporary parking of personal vehicles during normal business hours of the facility.

All truck traffic related to the manufacturing, prefabrication, storage, or transport of concrete materials, products, or equipment shall enter the·· Oldcastle Concrete facility from the access point on· Pondella Road. The above described truck traffjc shall ,. be prohibited from utilizing NE 6th Street , and the , Y 1 Oldcastle Concrete ~acility access point on NE 6th ._'· ·.· Street . , . ,

The business hours of Oldcastle Concrete facility shall .: : be no earlier than 6:30 a.m . on Mondays t ;hrough· /

1'

• ' .. . ~ .. n 6

I . , { ... •" , :: . OR2 7 2 7 P.GO 99~ Saturdays, or later than 7:00 p.m. on Mondays through Fridays, and 5:00 p.m. on Saturdays.

8. The developer shall take necessary steps to provide minimal noise levels.

9. The developer shall take necessary steps to minimize the dust being emitted into the air and water.

10. The developer shall continue to negotiate with the City of Cape Coral for the purchase of Lots 13 and 14, Block 1549, Unit 17.

11 . The City of Cape Coral will request a report from the State of Florida EPA and DEP concerning the water quality in the vicinity of the Oldcastle Concrete facility.

G. CONCURRENCY

The Oldcastle Concrete PDP is concurrent for roads, sewer, water, drainage, solid waste, and parks based on the analysis of the proposed development and specific mitigation programs specified herein.

SECTION IV. LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT ORDER, AND ADMINISTRATIVE REQUIREMENTS

A. Except as specifically noted herein, all provisions of Ordinance 74-94 remain in full force and effect for the entire Oldcastle Concrete PDP as though set forth fully herein.

B. The deadline for commencing physical development under this Development Order shall be two (2) years from the date of adoption of the Order or one (1) year from final permit approval from all appropriate governmental jurisdictions, whichever . is less, provided that all conditions are met in a timely manner and further provided that this effective period may be extended by this Council upon a finding of excusable delay in any proposed development activity and that considerations have not changed sufficiently to warrant further consideration of the development. In the event the Developer fails to commence significant physical development of that property identified in this Development Order within two (2) years from the date of rendition of this Development Order, development approval shall terminate and the development shall be subject to further consideration. Significant physical development shall include obtaining a certificate of compliance or occupancy on some substantial portion of the project (e.g., water management system or major road system) . This Development Order shall otherwise terminate in ten (10) years from the date of this Development Order, unless an extension is approved by this Council. An extension may be granted if the project has been developing substantially in conformance with the original plans and approved conditions, and if no substantial adverse impacts not known to Cape Coral at the time of their review and approval, or arising due to the extension, have been identified. For the process of determining when the build-out date has been exceeded, the time shall be tolled during the pendency of administrative and judicial proceedings relating to development permits.

C. This Development Order shall be binding on the Developer and his .heirs, assignees, or successors in interest.

7

OR2121 P.G 0 9 9 S 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.


Upon its adoption by the Cape Coral City Council, this ordinance shall take effect when it has been recorded in the public records of the County and thirty (30) days after having been received by the State Land Planning Agency pursuant to Section 163 . 3239, Florida Statutes. Permits issued prior to or after the effective date of this Ordinance are obtained solely at the risk of the Developer and are subject to the requirements and review pursuant to Chap ter 163, Florida Statutes.

ADOPTED AT A REGULAR

--~~~~~~-----· 1996.

COUNCIL MEETING THIS c9~R DAY OF

ATTESTED TO AND FILED IN MY OFFICE THIS ~ _\.."*~.....,L""'k'~---' 19 96 .

DAY OF

LEGAL REVIEW:

8

BONNIE J. VE~~CLERK

. ~ (:· t. . •. . ,. . I HEREBY CERTIFY that I a/11'1118 duly app0011ed • and qualified Clerk of )h'e City of Cape Cora~. • ·• . Florida. and the keeper of lhe records and . corpora!eseal ofsaidmu~e ; , :

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• • • • • 1 . , "·

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EXHIBIT A

LEGAL DESCRIPTION

A TRACT OR PARCEL OF LAND IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

FROM THE NORTHEAST CORNER OF SAID SECTION 8, RUN SOo09'07"W, ALONG THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 40.0 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF PONDELLA ROAD (S.R. 78A); THENCE N89o23'34"W, PARALLEL TO AND 40.0 FEET FROM THE CENTERLINE OF SAID POND ELLA ROAD A DISTANCE OF 1380.0 FEET; THENCE SOo09'07"W, PARALLEL TO THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 956.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOo09'07"W, 370.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF SAID SECTION 8; THENCE S88o56'02"W, ALONG SAID SOUTH LINE OF THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF SECTION 8 A DISTANCE OF 420.08 FEET; THENCE NOo09'07"E, 370.52 FEET; THENCE N88o56'02"E, 420.08 FEET TO THE POINT OF BEGINNING.

····,

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PH ADS 5/22 NF 9

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EXHIBIT B

LEGAL DESCRIPTION

A TRACT OF PARCEL OF LAND IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

FROM THE NORTHEAST CORNER OF SAID SECTION 8, RUN S0o09'07"W, ALONG THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 40.0 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF PONDELLA ROAD (S.R. 78A); THENCE N89o23'34"W, PARALLEL TO AND 40.0 FEET FROM THE CENTERLINE OF SAID PONDELLA ROAD A DISTANCE OF 1380.0 FEET; THENCE SOo09'07"W, PARALLEL TO THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 956.48 FEET THENCE CONTINUE S0o09'07"W, 370.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF SAID SECTION 8; THENCE S88o56'02"W, ALONG SAID SOUTH LINE OF THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF SECTION 8 A DISTANCE OF 420.08 FEET TO THE POINT OF BEGINNING;

THENCE S88o56'02"W ALONG SAID SOUTH LINE OF THE NORTH HALF (Nl/2) OF THE NORTH (Nl/2) OF SECTION 8, A DISTANCE OF 180.04 FEET; THENCE NOo09'07"E. 370.52 FEET; THENCE N88o56'02"E, A DISTANCE OF 180.04 FEET; THENCE SOo09'07"W A DISTANCE OF 370.52 FEET TO THE POINT OF BEGINNING.

PH ADS 5122 NF 10

10

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· COUNCILMEMBER DAVIS PDP INSTR # 5438945

#01-00800010o BK 03639 PG 0182 2- 2 6-0 2 RECORDED 05/05/2002 04:25:50 PM 3 - 07 - 02 CHARLIE GREEN, CLERK OF COURT 3-13-02LEE COUNTY 3-25-02R~CORDING FEE 37.50 3-26- 02DEPUTY CLERK W Miller

ORDINANCE 30 - 02

AN ORDINANCE AMENDING ORDINANCE 74-94, AS AMENDED BY ORDINANCE 33-96 APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "OLDCASTLE PRECAST"; PROVIDING FOR PLANNED DEVELOPMENT PROJECT APPROVAL FOR CERTAIN PROPERTY DESCRIBED AS SECTION 8, TOWNSHIP 44 SOUTH , RANGE 24 EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 2220 PONDELLA ROAD; PROVIDING FOR THE EXPANSION OF AREA AND SCOPE OF INDUSTRIAL, MANUFACTURING, AND STORAGE USES; GRANTING SITE PLAN APPROVAL FOR PURPOSES OF DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS ; GRANTING A VARIANCE TO SECTION 2 . 7 .1 0 . 3 OF THE LAND USE AND DEVELOPMENT REGULATIONS WHICH REQU I RES A MINIMUM TWO ( 2) HOUR FIRE WALL; 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 "Oldcastle Precast East" , Inc. , Robert W. Olsen, TR, and Utility Vault Company, has been received requesting the amendment of a Planned Development Project (PDP) for "Oldcastle Precast" , (PDP 94-00800007) previously approved by the Cape Coral City Council in Ordinance 74-94, as amended by Ordinance 33-96 (PDP 96-00800006); requesting approval of for the expansion of area and scope of industrial , manufacturing, and storage uses, prohibited by Section III. F. , General Considerations of Ordinance 33-96; requesting Site Plan Approval for purposes of development plan approval pursuant to Section 4.2 of the City of Cape Coral Land Use and Development Regulations ; and requesting a Variance to Section 2 .7 .10.3 of the Land Use and Development Regulations which requires a minimum two (2) hour fire wal l, in order to allow the roofed , open-air gantry crane structure to be built without a fire wall; and

WHEREAS, the request has been reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency on April 3 , 2002 ; 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, VARIANCE, AND SITE PLAN,

Having reviewed the application requesting approval of an amended Planned Development Project for "Oldcastle Precast", PDP 01-00800010 , amending Ordinance 74-94, as amended by Ordinance 33-96, requesting the expansion of area and scope of industrial , manufacturing , and storage uses prohibited by Section III. F. of Ordinance 33-96 General Considerations number 1 ; requesting Site

' . 0 BOOK 03539 PAGE 01A3

Plan approval for purposes of development plan approval pursuant to Section 4.2 of the City of Cape Coral Land Use and Development Regulations; and requesting a Variance to Section 2.7.10.3 of the Land Use and Development Regulations which requires a minimum two (2} hour fire wall required when building on the side property line, so as to allow a roofed, open-air gantry crane structure to be built without a fire wall; 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 amendment, amending Ordinance 74-94, as amended by Ordinance 33-96, approving the expansion of area and scope of industrial, manufacturing, and storage uses prohibited by Section III. F. of Ordinance 33-96 General Considerations number 1; Site Plan approval for purposes of development plan approval, as shown on the Master Site Plan Sheet 1 of 1, dated 11/30/01, and Site Plan Sheet 1 of 1 dated 11/28/01, prepared by Avalon Engineering, Inc., pursuant to Section 4.2 of the City of Cape Coral Land Use and Development Regulations; and approving a Variance to Section 2.7.10.3 of the Land Use and Development Regulations which requires a minimum two (2} hour fire wall required when building on the side property line, so as to allow a roofed, open-air gantry crane structure to be built without a fire wall; from the date of adoption of this ordinance. Approval of the PDP shall be subject to the terms and conditions set forth below.


A. The "Oldcastle Precast" development is an existing industrial/manufacturing Planned Development Project (PDP}. This development consists of an existing concrete, manufacturing, prefabrication, and storage facility on 19.75 acres of land located at 2220 Pondella Road. The expansion approved herein will contain a total of 6,703 square feet of expanded covered gantry crane area(s) and the provision of roof covers over two (2) existing 9, 900 square foot work areas. The development will occur in one ( 1) phase with a build out in ten years.


C. The name(s} of the legal and equitable owner(s) are Oldcastle Precast East, Inc., Robert W. Olsen, TR, and Utility Vault Company.

D. The legal description of the property is as follows:

A TRACT OR PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE RUN S 08 09' 07" W, ALONG THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PONDELLA ROAD, (COUNTY ROAD 78-A); THENCE N 898 23' 34" W ALONG SAID RIGHT-OF-WAY LINE (40.00 FEET FROM THE CENTERLINE} FOR 2160.00 FEET; THENCE S 08 09'07" W, 987.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 08 09'07" W, 357.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (N 1/2) OF THE NORTHEAST ONEQUARTER (NE 1/4) OF SAID SECTION 8; THENCE S 888 56'02" W, ALONG SAID SOUTH LINE A DISTANCE OF 180.00 FEET; THENCE N 08 09'07" E, 357.32 FEET; THENCE N 888 56'02" E, 180 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS AS OF RECORD IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.

2

0 BOOK 03639 PRGE 0184 , . . TOGETHER WITH : O.R . 2273 PAGE 3932

A TRACT OR PARCEL OF LAND IN SECTION 8 , TOWNSHIP 44 SOUTH , RANGE 24 EAST , LEE COUNTY, FLORIDA , MORE PARTICULARLY DESCRIBED AS FOLLOWS :

FROM THE NORTHEAST CORNER OF SAID SECTION 8, RUN S08 09 ' 07"W , ALONG THE EAST LINE OF SAID SECTION FOR A DISTANCE OF 40 . 0 FEET TO A POINT ON THE SOUTH RI GHT-OF-WAY LI NE OF PONDELLA ROAD (S . R. 78A) ; THENCE N 898 23 ' 34 " W, PARALLEL TO AND 40.0 FEET FROM THE CENTERLINE OF SAID PONDELLA ROAD , A DISTANCE OF 1980 . 0 FEET; THENCE S 08 09 ' 07" W, PARALLEL TO THE EAST LINE OF SAID SECTION 8 , A DISTANCE OF 987 . 0 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUE S 08 09 ' 07 " W, 357 . 52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF SAID SECTION 8 ; THENCE S 888 56 ' 02" W, ALONG SAID SOUTH LINE OF THE NORTH HALF (N1/2) OF THE NORTH HALF (N 1/2) OF SECTION 8, A DI STANCE OF 180.04 FEET ; THENCE N08 09 ' 07" E, 357 . 52 FEET ; THENCE N 888 56 ' 02" E,

1180 . 04 FEET TO THE POINT OF BEGINNING . SUBJECT TO A

ROAD EASEMENT OVER AND ACROSS THE EAST 15 . 0 FEET THEREOF , ALSO SUBJECT TO ANY AND ALL EASEMENTS , RES TRICTIONS AND RESERVATIONS OF RECORD.

TOGETHER WITH: O. R. 2273 PAGE 3932

A TRACT OR PARCEL OF LAND IN SECTION 8 , TOWNSHIP 44 SOUTH , RANGE 24 EAST, LEE COUNTY , FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

FROM THE NORTHEAST CORNER OF SAID SECTION 8 , RUN S08 09'07 " W, ALONG THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 40 . 0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PONDELLA ROAD ( S . R. 78A); THENCE N 898 23 ' 34 " W, PARALLEL TO AND 40.0 FEET FROM THE CENTERLINE OF SAID PONDELLA ROAD A DISTANCE OF 1380.0 FEET ; THENCE S 08 09 ' 07 " W, PARALLEL TO THE EAST LINE OF SAID SECTION 8 , A DISTANCE OF 956 . 48 FEET TO THE POINT OF BEG I NNING ; THENCE CONTINUES 08 09 ' 07 " W, 370 . 52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF SAID SECTION 8 , THENCE S 888 56 ' 02 " W, ALONG SAID SOUTH LINE OF THE NORTH HALF (N1/2) OF THE NORTH HALF (N 1/2) OF SECTION 8 A DISTANCE OF 600.12 FEET ; THENCE N08 09 ' 07 " E, 370 . 52 FEET ; THENCE N 888 56 ' 02" E, 600 . 12 FEET TO THE POINT OF BEGINNING. SUBJECT TO A ROAD EASEMENT OVER AND ACROSS THE WEST 15 . 0 FEET THEREOF , ALSO SUBJECT TO ANY AND ALL EASEMENTS , RESTRICTIONS , AND RESERVATIONS OF RECORD.

TOGETHER WITH : O.R. 2150 PAGE 2203

LOT 28 OF SOUTH FLORIDA FARMS SUBDIVISION , AN UNRECORDED SUBDIVISION , LESS THE WEST 60 FEET THEREOF; SAID LOT 28 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING 40 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 44 SOUTH , RANGE 24 EAST ; THENCE RUN WESTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF PONDELLA ROAD FOR 1 , 080 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE WESTERLY FOR 360 FEET ; THENCE RUN SOUTH FOR 1,328.1 FEET ; TH ENCE RUN EAST FOR 360 FEET ; THENCE RUN NORTH FOR 1 , 317 . 5 FEET TO THE POINT OF BEGINNING .

TOGETHER WITH:

LOTS 30 , 31 , 32 , 33 , 34, 35 AND 36 , BLOCK 1548 AND LOTS 1 , 2, 5 , 6 , 7 , 8, 9, 10, 11 , 12, 15, 16, 17 AND 18, BLOCK 1549, ALL

3

0 BOOK 03G39 PAGE 0185

LOCATED IN CAPE CORAL UNIT 17, ACCORDING TO PLAT BOOK 14, PAGES 23 THROUGH 37 OF THE PUBLIC RECORDS OF LEE COUNTY , FLORIDA, AND ALL THAT PART OF N. E. 21ST AVENUE (VACATED RESOLUTION #79-91) LYING ADJACENT TO AND CONTIGUOUS WITH LOT 36, BLOCK 1548 AND LOT 1, BLOCK 1549, AND LYING NORTH OF N. E. 6TH STREET (60 ' WIDE) .

E . The "Oldcastle Precastu PDP has 8 . 03 acres zoned I-1 (Industrial), 2. 62 acres zoned P-1 (Professional-Office), and 9.1 acres zoned C-1 (Pedestrian-Commercial) , 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 19.75 acres with a Future Land Use designation of Industrial , Mixed Use, and Commercial Professional.

F. All existing and future structures and uses , population density , building intensity , and building height shall conform with the respective provisions of the (I) Industrial, (C-1) Pedestrian-Commercial , and (P-1) Professional-Office , zoning district 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.

G. The Application for Development Approval is consistent with the requirements of Chapter 163 , Florida Statutes.

H. The proposed development is not Critical State Concern , pursuant Chapter 380.05, Florida Statutes.

located in an Area to the provisions

of of

I . The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area.

The proposed development , as noted , is consistent with the adopted City of Cape Coral Comprehensive Plan , and the City of Cape Coral Land Use and Development Regulations .

The term Developer for purposes of this development order shall mean and refer to developer , its heirs, its 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 this 29th day of April 2002 , that the Planned Development Project application for Development Approval submitted by Oldcastle Precast East, Inc. , Robert W. Olsen , TR ., and Utility Vault Company , is hereby ordained approved, subject to the following conditions, restrictions , and limitations deemed necessary for the public health, safety, and welfare.

0. GENERAL CONSIDERATIONS

1. The Developer may be entitled to credit for contributions , construction, expansion, or acquisition of public facilities, that require impact fees or exaction's to meet the same needs . The local government

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. .. 0 BOO!< 03539 PAGE 0185

and the Developer may enter into a capital contribution f ront-ending agreement t o reimburse the Developer for voluntary contributions in excess of his fair share .

2 . Prior to issuance of a permit , the Deve l oper shall enter into an agreement , i n a form acceptable to the City Attorney , regarding obl igations resulting from landscaping located in utility easements .

3 . All conditions provided in Ordinance 74-94 and Ordinance 33-96 , and contained herein , shall remain in full force and effect for the life of the development, unless specifica l ly amended herein .

4. Water , sewer, and/or irrigation Contribution Construction f ees and impact fees , and/or applicable fees associated with this PDP shall be paid.

in Aid of all other amendment

5. Irrigation wi l l be accomplis hed in accord with City Ordinance(s) or South Florida Water Management District mandate as applicable.

P . CONCURRENCY

The "Oldcastle Precast" PDP is concurrent for roads , sewer , water , drainage, solid waste , and parks based on the analysis of the proposed development and specific mitigation programs specified herein.

SECTION IV. LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT ORDER, AND 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 "Oldcastle Precast" 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, sha l l not be construed to be binding upon future owners of the project l ots . I t shall be binding upon any bui l der/developer who acquires any tract of land within the "Ol dcastle Precast" 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 ful l y the final development contemplated by this Development Order .

D. All conditions , restrictions, stipul ations, 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 i n 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 permitti ng procedures , except where otherwise

5

0 BOOK 03639 PAGE 0IB7

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 pursuant to Sections 163.3220-163.3243, Florida Statutes, unless it is found by the City Council, after due notice and hearing, that one or more of the following is present:

1. A substantial deviation from the terms or conditions of this Development Order, 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.

Substantial deviations include but are not limited to:

a. Any change which requires a variance to code and above those specifically incorporated herein.

b. An increase of more than five density, parking requirements, rates, water or sewer usage, or footage.

(5) percent in trip generation building square

c. An expiration of the period of effectiveness of this Development Order as herein provided.

d. If development order conditions and applicant commitments incorporated within the Development Order to mitigate impacts are not carried out as indiriated 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 of the above is present, the City Council may order a termination of all development activity until such time as a new PDP Application for Development Approval has been submitted, reviewed and approved in accordance with Chapter 163, Florida Statutes, and all local approvals have been obtained.

H. The deadline for commencing physical development under this Development Order shall be two (2) years from the date of adoption of the Order or one ( 1) year from final permit approval from all appropriate governmental jurisdictions, whichever is less, provided that all conditions are met in a timely manner and further provided that this effective period may be extended by this Council upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the development. In the event the Developer fails to commence significant physical development of that property identified in this Development Order within two (2) years from the date of rendition of this Development Order, development approval shall terminate and the development shall be subject to further consideration. Significant physical development shall include obtaining a certificate of compliance or occupancy on some substantial portion of the project (e.g., water management system or major road system). This Development Order shall otherwise terminate in ten years from the date of this Development Order, unless an extension is approved by this Council. The Council may grant an extension if the project has been

6

.. ... ~ 0 BOOK 03639 PAGE 0188

deve l oping substantially in conformance with the original plans and approved conditions, and if no substantial adverse i mpacts not known t o Cape Coral at t h e time of their review and approval, or ar i sing due to t he extension , have been identified . For the process of determining when the bu i ldou t date has been exceeded , the time shall be tolled during the pendency of administrative and judicial proceedings relating to development permits .

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 reasonabl e no t ice by the City and at all reasonable times , t he Developer shall allow the City of Cape Coral , i ts agents , employees, and/or representatives , access to the project site for the purpose of assur i ng compliance wi t h t h is Development Or der.

J . The Developer , or its s uccessors in title to the undeveloped portion of the subject property , shall submit a report annually to the Cape Coral City Council , the Di r ector , and all affected permit agencies. This report shall descr i be the state of development and compliance as of t he date of submiss i on .

The first monitoring report shall be submitted to the Director not later than one (1) year from the effective date of t h is order , and further rep orts shall be s ubmitted not later than annually thereafter. The Developer shall so inform any successor in title to any undeveloped portion of the rea l property covered by t h is Deve l opment Orde r. This shall not be construed to require reporting from tenants or owners of individual lots or un i ts. Annual Monitoring Reports incl uding Traffic Monito r ing Reports s hall be required until such time as the project is compl ete , at which time , a final development report shall be submitted to the City.

K. Copies of th i s recorded Development Order will be forwarded to the Department of Community Affairs , and all pe r mitting agencies . Upon this Development Order becomi ng effective , notice of its adoption shall be recorded in the Office of the Clerk of the Circuit Cour t by the Developer or Authorized Representative , as provided in Sect i on 163 . 3239 , Florida Statutes.

SECTION V. SEVERABILITY .

In the event that any portion or sect i on of this Ordinance is determined to be i nvalid , illegal , or unconstitu tional by a cou r t of competent jurisdiction, such decision shall in no manner affect the remaining port i ons or sections of this Ordinance which shall remain i n full force and effect .


Upon its adoption by the Cape Coral City Council , this ordinance shall take effect when it has been recorded in the public records of the County and thirty (30) days after ha v ing been received by the State Land Planning Agency pursua nt to Section 163.3239 , Florida Statutes. Permits issued prior to or after the effective date of this Ordinance are obtained solely at the risk of the Developer and are subject to the requirements and review pursuant to Chapter 163 , Florida Statutes.

7 i

• ' . 0 BOOK 03G39 PAGE 0189

ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS RE GULAR SESSION THIS c9'1""-. DAY OF ___,_A-'4~""·""""-----' 2002.

~

ATTESTED TO AND FILED IN MY OFFICE THIS 2~ DAY OF ~0,....,. 1 2002.

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~< \"{\~ BONNIE J . ~iURiEWICZCS CITY CLERK

APPROVED AS TO FORM:

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I HEREBY CER lfY lhat t am the duly appointed and qualified Gl .. ~: the City of Cape Coral, Florida, and the• ke per of the records and corporate seal 01 said ltj!Jnicipality; lhatlhis is a tnJt' and correct c~ Of ~- -e. ._ ~o ~ o~ .

- .. . ... . .•

City of Cape Coral

Department of Community Development August 15th, 2014 RE: PDP13-0004 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 to repeal Ordinances 74-94, 33-96, and 30-02, which approved or amended a Planned Development Project in the City of Cape Coral entitled “Oldcastle Concrete.” The applicants are requesting approval of ORDINANCE 29-2014 for property located at 2220 Pondella Road. The request will be reviewed by the Cape Coral Planning and Zoning Commission / Local Planning Agency on September 3rd, 2014 at 9:00 A.M. in the Council Chambers at City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida. City Council will hear Ordinance 29-14 on MONDAY, SEPTEMBER 29TH, 2014 at 4:30 P.M. in the Council Chambers at City Hall. 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 Mike Struve at 239-242-3255 or email at [email protected]. Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice you objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number below within your correspondence and mail to the Department of Community Development, Planning Division, P.O. Box 150027, Cape Coral, FL 33915-0027. The hearings may be continued from time to time as necessary. Be advised that any person deciding to appeal any decision made at the public hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance. Sincerely, Derek C.S. Burr, AICP, MS, MPA Planning Manager

Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: [email protected]

http://www.capecoral.net/publichearing


City of Cape Coral

Department of Community Development

What is a Planned Development Project (PDP)?

The Planned Development Project (PDP) process is a local development approval process that culminates in a development order (resolution or ordinance) that is granted directly by the governing body at a public hearing. The PDP process ensures that development applications are reviewed in a comprehensive manner and uphold the integrity of the community. PDPs may depart from conformance with regulations that would otherwise apply, if the intent and purpose of the regulations is served. The PDP is not a zoning district and may contain more than one zoning district. A PDP application may include requests for subdivision, rezonings, site plan approval, special exceptions, variances, vacations of plat and deviations that can be considered simultaneously within the PDP application.

Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: [email protected]

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0 150 300 450 600FeetThis map is not a survey and should not be used in place of a survey.

While every effort is made to accurately depict the mapped area, errorsand omissions may occur. Therefore, the City of Cape Coral cannot beheld liable for incidents that may result due to the improper use of theinformation presented on this map. This map is not intended for con-struction, navigation or engineering calculations. Please contact the

Department of Community Developmentwith any questions regarding this map product.

AUGUST 20, 2014

Subject Parcels

500' Proximity Boundary

Case No. PDP13-0004BLOCK F0800 LOTS 3005

Legend500'_bufferSUBJECTPARCELCORRCPOR1BR3RXCanals/Lakes

ZONING MAP500 Proximity Boundary

CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

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