ORDINANCE NO. 3772 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, AMENDING AND RESTATING THE PLANNED UNIT DEVELOPMENT FOR PRIMA LUCE LOCATED AT 2631 FIRST STREET, NORTH OF FIRST STREET, WEST OF CRANFORD AVENUE, AND EAST OF EVANS AVENUE, SECTION 13, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA; AMENDING THE DEVIATIONS, TERMS AND CONDITIONS AND RESCINDING ORDINANCE NOS. 3624 AND 3661; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: Nassif Development, LLC, owner, _ originally submitted an application for a planned unit development for Prima Luce located at 2621 and 2631 First Street, north of First Street, west of Cranford Avenue, east of Evans Avenue which was approved by Ordinance No. 3310 adopted by City Council on December 19, 2005, for a mixed-use development for the construction of one hundred six (106) multi-family residential units and a minimum of 5,800 square feet of office space on a 1.98 acre, more or less, parcel; and rezoning from Urban Center and Urban Core to Planned Unit Development (PUD) as depicted on Exhibit A attached and made a part hereof; and WHEREAS: City Council approved an amendment to the Smart Code, by Ordinance No. 3317 on March 13, 2006, granting a time extension for the following downtown planned unit developments: Ordinance No. 3225 The Vue, Ordinance No. 3233 Cypress Club, Ordinance No. 3261 Hotel Monaco, Ordinance No. 3262 Sullivan-Florida Group, Inc./West First Street Project, Ordinance No. 3263 First River Condominiums, and Ordinance No. 3310 Prima Luce which granted a time extension to apply for permits by December 31, 2006; commence with construction by June 30, 2007, and be completed by June 30, 2010; andORDINANCE NO. 3772 WHEREAS: City Council approved a second amendment to the Smart Code, by Ordinance No. 3410 on June 18, 2007, granting an additional time extension for the following downtown planned unit developments: Ordinance No. 3233 Cypress Club, Ordinance No. 3261 Hotel Monaco, Ordinance No. 3263 First River Condominiums, and Ordinance No. 3310 Prima Luce, which granted a one year extension to apply for permits by December 31, 2007; commence with construction by June 30, 2008, and be completed by June 30, 2011; and WHEREAS: City Council approved Ordinance No. 3464 on June 2, 2008, amending Ordinance No. 3310 Section 5., Subsection u., granting two additional years to commence with construction or by June 30, 2009, and complete all construction by June 30, 2012; and WHEREAS: City Council approved Ordinance No. 3510 on June 15, 2009, amending Ordinance No. 3310 Section 5., Subsection j., Subsection u., Subsection w., and Subsection y.; adding an additional condition in Section 2. of Ordinance No. 3510; rescinding Ordinance No. 3464; amending the ownership name to Prima Development LLC, the new owner of record; and granting a timeframe extension for an additional three and one-half (3%) years to apply for building permits by December 31, 2012; and WHEREAS: City Council approved Ordinance No. 3624 on April 2, 2012, amending and restating Ordinance No. 3310, for timeframe extensions for an additional two years in accordance with House Bill 7207 and Resolution No. 2011-19; extending the application date for building permits to December 31, 2014; extending the date vertical construction shall commence to December 31, 2015; and extending the date all construction shall be completed to December 31, 2017; and rescinding Ordinance Nos. 3310 and 3510; andORDINANCE NO. 3772 WHEREAS: City Council approved Ordinance No. 3661 on April 1, 2013, amending Ordinance No. 3624 for timeframe extensions for an additional nine (9) months in accordance with the State of Emergency declared by Governor Rick Scott statewide and in accordance with Section 252.63, Florida Statues, and Executive Orders 12-192 and 12-199; all terms, conditions, and deviations in Ordinance No. 3624 remained in full force and effect except the timeframes, which were amended as follows: building permits shall be applied for by May 29, 2017, vertical construction shall commence by May 29, 2018, and extended the date all construction shall be completed to May 29, 2020; and WHEREAS: Prima Development LLC, owner, gave permission for the contract purchaser, 46 Pittman LLC to request approval of. amendments to Prima Luce Planned Unit Development plan that include timeframe extensions for an additional five (5) years to commence; the reduction in the nine (9) criteria needed to be met to be awarded bonus density; and approval of a revised site and landscaping plans; and WHEREA: The Planning Board, sitting as the Local Planning Agency of the City of Fort Myers, considered the consistency of the amendments for Prima Luce Planned Unit Development with the Comprehensive Plan and the Land Development Code, Section 98.2.2, and made a recommendation of approval to City Council after conducting a public hearing on February 16, 2016, with fifteen days public notice having been provided to obtain public comment and considered all written and oral comments received during the public hearing including support documents. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that:ORDINANCE NO. 3772 SECTION 1. Ordinance No. 3624 adopted on April 2, 2012, is restated to include all amendments approved by City Council for Prima Luce Planned Unit Development from 2010 through 2015. SECTION 2: The Prima Luce Planned Unit Development is located on one parcel of land located in Section 13, Township 44 South, Range 24 East with Parcel Identification Number 13-44-24-P2-0020B.0070 and addressed as 2631 First Street, for which the planned unit development is granted, and described below: Lot 7 and Lot 8, Block B, Dean’s Subdivision Section 13, Township 44 South, Range 24 East, Lee County, Florida as recorded in Plat Book 4, Page 24, of the public records Lee County, Florida. Containing 1.98 acres, more or less. SECTION 3. The purpose and intent of the Prima Luce Planned Unit Development (herein after referred to as PUD) is to allow for the construction of a maximum of one hundred seventy-six (176) multi-family residential units in two towers of 26 stories or less plus on-site amenities and parking for the residents on a parcel of 1.98 acres, more or less, at 2631 First Street. SECTION 4. One (1) deviation from the Land Development Code and six (6) warrants from the Downtown Smart Code dated April 19, 2002, are approved for the PUD as follows: Deviatio: (1) Chapter 134, Traffic Circulation, Section 134.3.3.A. which requires parking spaces to be a minimum of 10 feet wide. Deviation: Allow parking spaces to be a minimum of 9 feet wide. Warrant (1) Smart Code Requirement: Section 118.8.5.D.2.A Building Height: Building height shall be a minimum of 2 stories and a maximum of 18 stories.ORDINANCE NO. 3772 (2) (3) (4) (6) Warrant: A maximum height of 26 stories is permitted. Smart Code Requirement: Sections 118.8.5.A.1.F, 118.8.5.4.3.B.18, 118.8.5.C.4.A and 118.8.5.D.4.A Parking Standards: All parking areas shall be located at the Third Layers and masked by a streetwalll or liner building. Warrant: Parking is permitted within all layers with a facade as shown on the architectural elevations and intensive street-side garden landscaping in lieu of a street wall or liner building. Smart Code Requirement: Sections 118.8.5.C.4.B and 118.8.5.D.4.B Parking Standards that parking shall be accessed from a rear alley. Warrant: No alley access shall be required. Smart Code Requirement: Section 118.8.6.G.2. Side - 0 foot min. 10 foot max. Warrant: The maximum side setback shall be fifteen (15) feet. Smart Code Requirement: Section 118.8.6.G. Side - 0 foot min. 0 foot max. Warrant: The maximum side setback shall be fifteen (15) feet. Smart Code Requirement: Section 118.8.6.D Uses Permitted that parking spaces are required to be 1.0 space per unit, Warrant: A minimum of 1.70 spaces per unit is permitted SECTION 5. For the amendments to the PUD approved by this ordinance in 2016, the owner(s) requested the City continue to allowORDINANCE NO. 3772 the densities in effect in 2005 when the PUD was originally approved. ‘Those densities were: + 50 dwelling units per acre with a maximum bonus density of 100 dwelling units per acre for the Urban Core portion of the parcel (riverfront) totaling 1.72 acres, more or less; and * 30 dwelling units per acre with a maximum bonus density of 60 dwelling units per acre for the Urban Center portion of the parcel (frontage on First Street) totaling 0.26 acres, more or less. ‘The 2005 Comprehensive Plan requirement for approval at the maximum for additional (bonus) density (that is, 50 additional units for a total of 100 units per acre in Urban Core and 30 additional units for a total of 60 units per acre in Urban Center) was and is now in 2016: that the following nine (9) criteria must be met in the PUD. The nine (9) items were not weighted in 2005, so in turn, are not weighted in 2016, From the Future Land Use Element, Action 1.7.7: Approval of the bonus density allocation, increased Floor Area Ratios, and/or increased height in the Downtown Redevelopment Area shall be awarded through implementation of the Land Development Regulations for: a) Hurricane evacuation; b) Affordable housing; c) _ Para-transit provision; a) Public open space; ©) Mixed-use residential /commercial /retail; 4) Exceptional architectural design; 2) Public/private parking; h) Pedestrian friendly connections between public and private property; and i) Water enhanced or water dependent uses.ORDINANCE NO. 3772 ‘The terms and conditions for the Prima Luce PUD are listed as a. through s. as follows: a ‘The Prima Luce PUD is approved for the construction of a maximum of one hundred seventy-six (176) multi-family residential units in two towers of a maximum of 26 stories, provided certain criteria are met as listed below in b.; plus approved for on-site amenities and parking for the residents, all uses permitted in Urban Core, and a public Riverwalk on a 1.98 acre, more or less, parcel known as Prima Luce located at 2631 First Street, with mitigation totaling approximately $111,800.64 for items b. (1-9) below which includes the annual Para-Transit payment of approximately $9,000.64. Support the warrant increased density in consideration for: 1, Hurricane Evacuation - The developer shall prepare an Emergency Preparedness Plan in accordance with the Lee County Administrative Code, 7-7 Emergency Preparedness Plan Criteria for Marinas, Multi-Slip Docking Facilities, and Certain Residential Developments, which shall be kept on file in the Office of the City Clerk. The emergency preparedness plan must be approved by the Lee County Division of Public Safety Emergency Management. The developer shall contribute $52,800.00 (a maximum of 176 units X $300.00 per unit) to the “Downtown Coastal High Hazard Zone Hurricane Shelter Fund” to mitigate their shelter impacts. Prima Luce shall provide the evacuation plan and shelter unit funding prior to the issuance ofORDINANCE NO. 3772 building permits for vertical construction, 2. Affordable Housing - The developer shall provide for Workforce Housing in the following manner to meet the criteria for bonus density. a. Prior to issuance of Final Certificate of Occupancy, the developer shall pay $50,000.00 to the City to provide workforce housing within the City. It is the intent of City Council that the payment is subject to an agreement with The Housing Authority of The City of Fort Myers, but the City can proceed with utilization of the existing workforce housing policy and program for which money has been received. 3. Para-Transit - The developer, their successors, or assigns shall contribute $9,000.64 (a maximum of 176 units x $51.14 per unit) annually, to the “Downtown Para Transit Fund” to mitigate their para-transit impacts. The first contribution shall be due at the time the first certificate of occupancy is issued. Subsequent payments shall be due to the City of Fort Myers on October 1 and shall be adjusted annually based on the Consumer Pricing Index (CPI) 4. Public Open Space - The public Riverwalk, as shown on the site plans prepared by Barraco and Associates dated February 17, 2016, shall be constructed and maintained by the developer, their successors, or assigns, and remain open to the public in perpetuity,ORDINANCE NO. 3772 5. Mixed Use Residential/Commercial/Retail - The Developer will construct a minimum of 1,000 square feet of commercial for bonus density of ten (10) units. ‘The developer shall mask the parking structure with berms and heavy landscaping as approved on the Landscape Plan prepared by David M. Jones Jr. and Associates, Inc, dated December 7, 2015. If the developer does not provide a mixed-use project including both residential and commercial uses, then the total number of units approved for the Prima Luce PUD shall be reduced by 10 units, from the maximum allowed of 188 units for 1.98 acres for each bonus density criterion not met. 6. Exceptional Architectural Design- Based on comments by the City’s architectural consultant Damon Romanello of Architecture, Inc., in 2005, staff supported the request for additional density. 7. Public/Private Parking - The developer shall provide eight (8) parking spaces onsite for service vehicle parking. | The developer shall also provide 1.7 parking spaces per residential unit, which meets the criteria for bonus density. If the developer does not provide 8 parking spaces onsite for service vehicles and provide 1.7 parking spaces per unit, then the total number of units approved for the Prima Luce PUD shall be reduced by 10 units, from the maximum allowed of 188 units for 1.98 acres for each bonus density criterion not met.ORDINANCE NO. 3772 8. Pedestrian Friendly Connections between Public and Private Property - The developer has provided for connections between the public sidewalk on First Street and the Riverwalk and meets the criteria for bonus density. 9. Water Enhanced or Water Dependent Uses - The developer has provided a water enhanced project and meets the criteria for bonus density. ©. Approve the warrants and deviations that are listed in Section 4., above, and listed on the site plans prepared by Barraco and Associates, Inc., with a revision date of February 17, 2016, and the landscape plans prepared by David M. Jones Jr. and Associates, Inc. dated December 7, 2015. The developer shall comply with all other requirements of the Smart Code and Land Development Code in effect at the time of construction. d. The developer shall comply with the Downtown Fort Myers Streetscape Plan adopted by City Council in April 2003. ¢. The developer shall comply with the Smart Code dated April 19, 2002, except as noted in Section 4 above. f The developer shall pay a proportionate share of the traffic improvement costs or the standard traffic impact fee, whichever is greater, for the downtown study area based upon their expected traffic impacts. The payment is due prior to the issuance of the building permit for vertical construction. The proportionate share fee of Nine Hundred Fifty Dollars ($950.00) per net new daily trip is based on construction costs for 2004 or the standard traffic impact fee, whichever is greater. In order to compensate for the 10ORDINANCE NO. 3772 inflation of costs over time, the proportionate share fee shall increase annually in accordance with the Consumer Price Index (CPI) effective January 1 of each year starting in 2006. If the developer chooses to pay on a per phase basis, the amount will increase annually based on the CPI. This proportionate share fee includes the City’s current road impact fee. The evaluation of trips for each development shall be based on the procedures described in the latest edition of the Institute of Transportation Engineer's Trip Generation Manual and shall be based on the total net new daily trip ends, precluding reductions for pass-by trips as approved by the City. & Florida Department of Transportation (FDOT) permits will be required for all proposed work within the First Street right-of-way. h. The developer shall pay all fire impact fees at time of issuance of the first building permit for vertical construction i The developer shall provide a fifteen (15) foot riverwalk easement along the rear property line (Caloosahatchee River's edge) and an eight (8) foot access easement along the east property line from the riverwalk easement to the street to ensure public access to the riverwalk, 1. The riverwalk easement and side yard public access easement shall be designed and constructed in accordance with the site plan prepared by Barraco and Associates, Inc., with a revision date of February 17, 2016 iORDINANCE NO. 377: 2. If the riverwalk design is not allowed over water by the applicable regulatory and permitting agencies, the applicant shall be required to amend the site plan to incorporate the riverwalk on site and on land, and provide a riverwalk easement. Fences and gates are permitted along the walkways to secure the area at night, and the developer or property owners’ association is permitted to close and lock the gates from dusk to dawn each day. Details regarding the design and use of the riverwalk and public access easements shall be constructed in accordance with the specifications of the riverwalk design guidelines prepared by the City and shall be incorporated into the side yard public access easement. The side yard public access easement must be approved by City Council prior to the issuance of building permits. ‘The portion of the public riverwalk that is adjacent to Prima Luce Planned Unit Development shall be maintained by the developer, their successors, or assigns, and remain open to the public in perpetuity. ‘The property while vacant shall be graded and hydro-seeded using a mix of Bermuda and Bahia grasses that require no irrigation system. The vacant lot shall be regularly mowed and the grass shall be maintained at four (4) inches or less. While the property is vacant, the owners shall consent to a short term lease with the City for use of 12ORDINANCE NO. 3772 the vacant property, if desired by the City subject to indemnification agreements. The City may use the property for special events and/or parking or for passive parks. The terms and conditions of such short term lease would require approval by City Council. 9. The property owner provided to the City one (1) thirty (30) foot wide drainage easement along the riverfront and one (1) five (5) foot wide drainage easement along First Street on July 20, 2009. j. The developer shall ensure that the riverwalk connects with proposed or existing riverwalk segments located on adjacent properties. k. All necessary permits from applicable agencies shall be obtained prior to the issuance of building permits for vertical construction. If the developer is unable to obtain permits to construct the riverwalk over the water, the site plan shall be amended to incorporate the riverwalk on site. 1. The developer shall dedicate a ten (10) foot public utility easement along First Street prior to issuance of site work permits. m, All South Florida Water Management District permits must be issued prior to the issuance of any City permits n. At the time of issuance of building permit or December 31, 2016, whichever comes earlier, the developer agrees to contribute $140,000.00 to the City to be used to restore and or renovate the architecturally significant McCollum Hall to its former grandeur. The Developer agrees to contribute artwork valued at $25,000.00 to be located on a 13ORDINANCE NO. 3772 designated publicly accessible area on the Prima Luce development site as illustrated in the Street Frontage Concept Plan by David M. Jones and Associates dated December 7, 2015, prior to issuance of Certificate of Occupancy. The City’s Public Art Committee shall review artwork and its value proposed for installation by the developer. 0. The developer shall submit a letter of no objection from the Lee County Port Authority regarding tall structure review prior to the issuance of site work permits. p. The maintenance of all landscaping within and surrounding the development, including but not limited to landscaping within the First Street right-of-way and within all public access casements, shall be the responsibility of the property owner, their successors or assigns. q. The developer shall work with the City to assist in providing on-site water detention and retention required to accommodate the State Road 80 improvement for the additional impervious surface along the linear frontage of the site. r. The terms, conditions and deviations for this planned unit development, reflected on the site plan prepared by Barraco and Associates, Inc., with a revision date of February 17, 2016, and landscape plans prepared by David M. Jones Jr. and Associates, Inc. with a revision date of December 7, 2015, shall be binding on the applicant, their successors or assigns, ‘The planned unit development for Prima Luce shall be a single-phase project and shall be effective upon approval. 14ORDINANCE NO. 3772 Building permits shall be applied for within 60 months after the effective date of this ordinance; and, all construction shall be completed 24 months after commencing. ‘The developer on First Street/Palm Beach Boulevard will be required to pay the proportionate share as indicated in the SR 80/First Street Master Traffic Study or the road impact fees, whichever is greater. The payment is due prior to the issuance of the first building permit for vertical construction. If for any reason, the Developer is not able to meet the timeframes set forth above, the Developer must, no later than ninety (90) days prior to expiration of any of the timeframes set forth above, provide written notice to the City indicating its anticipated failure to meet the timeframes and provide a detailed explanation of the reason. The City shall determine whether an extension of the timeframes is warranted. For the period of continuance referenced above, the timeframes set forth in this ordinance are suspended and the units as previously granted in this planned unit development are reserved for the Developer during the period of the suspension. SECTION 6. The owners shall provide a riverwalk easement and side yard public access easement(s} to the City for acceptance prior to the issuance of building permits. SECTION 7. All terms, conditions, and deviations are in full force and effect and shall be binding on the applicant, its successors or assigns. SECTION 8. Ordinance Nos. 3624 and 3661 are hereby rescinded. 15ORDINANCE NO. 3772 SECTION 9. Failure to comply with the terms and conditions of this Planned Unit Development Ordinance may result in the cancellation of the development approval after appropriate notice and opportunity to respond in a public meeting to allegations of non-compliance is given to the property owner, and the planned unit development approval may become null and void. The applicant shall be notified in writing of the date of the public meeting to be held by City Council and be given an opportunity to respond at all public meetings. SECTION 10. A notice of public hearing was published in a newspaper of general circulation and posted on the bulletin board on the first floor of City Hall, and the property was posted in accordance with the law. SECTION 11. Severability. If for any reason any provision, paragraph, word, section or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION 12. This ordinance shall become effective immediately upon adoption. 16ORDINANCE NO. 3772 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this 16th day of February, A.D., 2016. me Leta edb bar Teresa Watkins Brown O aye be be bs Johginy W. Streets, Jr. Aye aye Aye faile H. Anthony ‘ouncil Members APPROVED this 16th day of February, A.D., 2016, at 7:46 _ o'clock p.m. ave Ful . Randall P. Henderson, Jr. Mayor FILED in the Office of the City Clerk this 16th day of February, AD., 2016. et ‘Adams, MMC City Clerk 18ORDINANCE NO. 3772 Exhibit A Zoning Map Sr Poorer Coden tocation zontn@ [—] v-cone —— sues BEBE Pup AR v-cre es MBs Jucen