Sunset Lakes {AKA Coral Lakes) Amendment PDP 13-0007

135 Pages·2015·3.7 MB·English

Sunset Lakes {AKA Coral Lakes) Amendment PDP 13-0007
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 Manager
January 23, 2015
PURPOSE
The purpose of this document is to provide a single, consolidated review from the Planning Division
concerning a proposed amendment to the Sunset Lakes (also known as Coral Lakes) Planned
Development Project (PDP). Within this report the following topics are addressed:
• Description of the subject property;
• Summary of Ordinances 71-03 and 141-04 that this project seeks to amend;
• Rationale for the PDP Amendment;
• Description, analysis, and staff recommendation associated with each request;
• Analysis of the project in terms of consistency with the City's Comprehensive Plan;
• Summary of public noticing efforts associated with this project; and,
• Project recommendation.
DESCRIPTION OF THE SUBJECT PROPERTY
The Sunset Lakes project consists of a mixed use subdivision that includes two multi-family tracts, one
single-family tract, one commercial tract, one industrial tract, and one community recreation tract. The
project area is 369.83 acres and is located west of Del Prado Boulevard North, and south of Jacaranda
Parkway at 1650 Del Prado Boulevard. Except for Tract F-5 (located near the western border of the
subdivision and is part of this PDP amendment), the western half of this subdivision is largely built-out
with single-family homes. However, several areas of the subdivision contain undeveloped parcels
including a 34-acre commercial tract (Tract C-1) and an 11-acre industrial tract (Tract C-2) located at the
eastern and southern areas of the subdivision, respectively. A large number of multi-family parcels
located in the northeast corner of the subdivision remain undeveloped. Likewise, a much smaller
number of single-family lots located in the south central portion of the subdivision remain undeveloped.
GIS analysis performed by Planning staff show that approximately 93% Single Family Residential (R-lB)
zoned properties and 31% of the Multi-Family (R-3) zoned properties are developed at this time. The
subdivision also contains multiple platted lake and preserve tracts that are interspersed within the
subdivision.
The lands most affected by this PDP amendment are located within two areas of the subdivision. One
such area involves Tract F-5 and portions of adjoining Tracts L-1 and P-4 that are located near the
western boundary of the subdivision. The second area involves several platted single-family homesites
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that are located within Blocks 7045 and 7046. These lots have frontage along Keystone Lake Drive or
Sawgrass Lake Court in the southern portion of the subdivision.
PREVIOUSLY GRANTED ENTITLEMENTS ASSOCIATED WITH THE PROJECT
Ordinance 71-03 approved a mixed-use and industrial PDP entitled "Sunset Lakes." The entire subject
property consists of 369.83 acres and is located at 1650 Del Prado Boulevard North. The project was
granted a 10-year build out period.
Within this PDP, the following approvals were granted:
• Subdivision;
• Rezoning;
• Special exceptions for an automotive service station-limited, a gatehouse, a club-private and 12
model homes;
• Deviations to the City's Land Use and Development Regulations;
• Deviations to the City's Engineering and Design Standards;
• Temporary use of an off-site modular sales office for sales personnel; and,
• Master concept plan and master utility plan.
Ordinance 141-04 entitled "Sunset Lakes" (also known as Coral Lakes Subdivision) amended Ordinance
71-03 by granting the following approvals:
• Deviations to the City's Land Use and Development Regulations; and,
• Master concept plan, master utility plan and PDP plan.
RATIONALE FOR THE PDP AMENDMENT
Among the requests within the PDP, the applicant seeks to replat Tracts F-5 and portions of Tracts L-1
and P-4. Creating a new subdivision and re-subdivision of land within the City is only permitted within a
PDP.
DESCRIPTION OF APPLICANT REQUESTS
Table 1. below provides information on entitlements requested by the applicant associated with this
PDP amendment and the accompanying staff recommendations. A thorough analysis of each request is
provided within a separate section of this report.
Table 1. Summary of applicant requests and staff recommendations for the Sunset Lakes PDP.
Category Request Recommendation
Re plat Replat of Tracts F-5 and portions of Tracts L-1 and P-4 Approve
Deviation (LUDR, Section Deviation of 2.5 feet from the 7.5 foot side setback No objection
2.7.lD, Table R-1) requirement for 30 lots in Blocks 7045 and 7046
Vacation of plat Partial vacation of drainage easements associated with Approve
Lots 51 and 52 in Block 7045 and Lots 34 and 43 in
Block 7046
Remove land from PDP Remove 15.24 acres from the PDP project area Approve
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Replat
Background
The applicant seeks approval to re plat Tract F-5 and portions of Tracts L-1 and P-4 as Tract F-5A. Tract F-
5 is zoned Multi-Family Residential (R-3) and Tracts L-1 and P-4 are zoned Single Family Residential (R
lB). All land within the Sunset Lakes Subdivison has a Mixed Use future land use clasification. Proposed
Tract F-5A will have an area of 15.24 acres, be removed from the PDP area, and deeded to the City to
help fulfill the amended Andalusia Boulevard Roadway Improvement Agreement. The remaining land
associated with Tract F-5 will be replatted as Tract F-5B and will remain within the PDP project area.
Staff is unaware of any immediate plans for developing Tract F-5B.
Ordinance 71-03 required the developers to comply with two roadway agreements; the Jacaranda
Boulevard Roadway Agreement and the Andalusia Boulevard Roadway Improvement Agreement. The
Jacaranda Roadway Agreeement required the developer to pay for the construction of the extension of
Jacaranda Boulevard to connect with Averill Boulevard and then to connect to Del Prado Boulevard
(Sunset Lakes Master Concept Plan). These improvements have been completed and the developers'
obligations regarding these two requirements have been satisfied. The Andalusia Boulevard Roadway
Improvement Agreement required the developers to convey land to create the extension of Andalusia
Boulevard to Jacaranda Parkway. To satisfy this requirement, the developers will deed to the City the
proposed Tract F-5A at no cost. Tract F-5A ranges from about 157 to 300 feet in width with an
approximate north/south extension of 2,700 feet. This deeded land is suitable for Andalusia extension
to connect to the intersection of Jacaranda Parkway. While the Andalusia extension project is not
currently listed within the 2014-2019 City Capital Improvement Plan {CIP), it is shown on the 2030 MPO
Long Range Transportation Plan. It is important to state a distance of 1,325 linear feet located directly
south of Tract F-5A will still be needed to provide a complete connection of Andalusia Boulevard that
currenty terminates within the North Cape Industrial Park (see Figure 1).
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Figure 1. Sunset Lakes Subdivision and the surrounding area showing the two connections required to
complete the Andalusia Boulevard extension.
The following steps will occur in conveying Tract F-5A to the City:
• The developers will provide the City with a title commitment for Tract F-5A that shall
demonstrate that this tract is free and clear of all encumbrances.
• The developers will submit a replat to the City for Tracts F-5, L-1 and P-4.
• Following the approval of the replat for Tract F-5A, the developers shall deed Tract F-SA in its
entirety of 15.24 acres to the City of Cape Coral.
• The PDP development order will approve the removal of Tract F-5A from the PDP project area
once replatted. However, this tract will continue to remain as part of the Sunset Lakes
Subdivison.
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Analysis
Staff has analyzed the replat request based on LUDR, Section 4.2.1 (Subdivison of Land), Section 2.7.1
(Single Family Residential District) and Section 2.7.2 (Multi-Family Residential District). The replatting or
resubdivision of land within the City of Cape Coral can be approved only by PDP.
As depicted in Table 2, Tract F-5 will be unequally split as a result of the proposed replat into two new
parcels, Tracts F-5A and F-5B. While the majority of land contributing to Tract F-5A will originate from
Tract F-5, a small area associated with Tracts L-1 and P-4 will also contribute to this newly created tract.
Table 2. Comparison of tracts approved by Ordinance 71-03 with the proposed tracts of the replat
associated with the current PDP amendment.
Zoning and Existing Land Areas associated Zoning and Land Areas associated with the
with Tracts F-5, L-1 and P-4 Replatting of Tracts F-5, L-1 and P-4
Tract No. Zoning Area (acres) Tract No. Zoning Area (acres)
F-5 R-3 20.48 Tract F-5A R-3 and R-lB 15.24
Tract F-5B R-3 5.76
L-1 R-lB 5.53 L-1 R-lB 5.24
P-4 R-lB 1.66 P-4 R-lB 1.43
TOTAL 27.67 TOTAL 27.67
ExistingTract F-5 is zoned R-3 and Tracts L-1 and P-4 are zoned R-lB. The majority of land within
proposed Tract F-5A will be zoned R-3 with some lands taken from Tract L-1 (0.29 acres) and P-4 (0.23
acres) keeping the existing R-lB zoning designation. All lands subject to this replat have a Mixed Use
future land use classification.
All proposed tracts associated with the replat will exceed dimensional standards established by the City
for both R-lB and R-3 zoning districts. All tracts proposed to be replatted have frontage along a public
or private street. Tract F-5A that will be deeded to the City has limited frontage along the NE 29th Street
right-of-way. The potential for nonconforming buildings do not exist as buildings are absent on the four
proposed tracts.
Recommendation
Planning staff has found this request for replatting compliant with LUDR, Section 4.2.5.1 that contains
standards for subdivisions in the City of Cape Coral. Additionally, this request is compliant with LUDR,
Sections 2.7.1 and 2.7.2 that provides minimum lot area and other dimensional standards for land with
R-lB and R-3 zoning, respectively. As a result, staff recommends approval of the replat request.
Deviation Request
Background
The applicant is seeking a 2.5-foot deviation to the 7.5-foot minimum side setback requirement found in
LUDR, Section 2.7.lD, Table R-1, to allow a total of 30 unimproved single family lots to have a minimum
5.0-foot side setback for properties in the R-lB district. All 30 lots are located within either Block 7045
or 7046 of the Sunset Lakes Subdivision, Phase D. This request, in conjunction with a vacation request,
analyzed and discussed more fully later in this report allows for a greater building envelope on these 30
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residential lots than currently exists. A listing of the properties involved in this deviation request is
provided below in Table 3 by block and lot.
Table 3. Lot numbers within Blocks 7045 and 7046 for which a 2.5-foot deviation from the 7.5-foot
side setback requirement is requested.
Block No. of Lots Lot Numbers
7045 11 41,42,44,45,46,48,49,50,51,52,53
7046 19 25,26,27,29,30,31,32,33,34,36,37,38,39,40,41,43,45,46,50
The applicant has provided the following reasons for this deviation request:
• All 30 lots are located within the same general area of the project.
• Minimum side setbacks of five feet have been approved for other residential subdivisions in the
City.
• Market conditions have changed since the approval of the project in 2004 in that homebuilders
interested in building on these lots are currently not constructing homes with a width of 35 feet.
• Per the applicant, the requested deviations are modest and would not be noticeable to
residents living in the community or adversely affect the value of adjoining lots.
• The deviation is necessary to convert the present "unmarketable" lots to homesites that are
more attractive to develop and thus facilitate the build out of this area of the project.
Analysis
Staff has evaluated this request based on LUDR, Section 4.2.4.K entitled "Deviations." The Sunset Lakes
development contains substantial acreage devoted to open space that includes environmentally
sensitive areas. The project also offers on-site recreational facilities including a clubhouse, swimming
pool, tennis and basketball courts. As a result, this development is considered a unique and innovative
project under LUDR, Section 4.2.4.K. This Section of the City's regulations includes examples of unique
and innovative features like providing places for public assembly, locating and designing building and
dwelling units to provide optimum open space areas, and providing preservation of natural resources.
The City has approved deviations associated with side setback relief for other subdivisions that include
Meta at Cape Harbour, Pinewood Lakes and Sandoval. However, such requests frequently provide for
setback relief for entire tracts or blocks of the development. This deviation request differs from most
other developments because the setback relief is within areas that contain several existing single-family
homes constructed with minimum 7.5-foot side setbacks. In this case, the lots for which this setback
relief is sought do not represent a cohesive area, such as an entire tract or block as these 30 parcels are
interspersed with several existing developed single-family homes. More importantly, property owners
with existing single-family homes may have purchased their property with the understanding that the
parcels located adjacent to their respective sites would develop with similar 7.5-foot side setbacks. As a
result, these homeowners may be aggrieved by this reduced setback deviation request. These 30 sites
represent the majority of those lots with R-18 zoning that have yet to be developed within the project
and are subject to the deviation request. While a letter from Lennar indicates this homebuilder is
constructing single-family homes that have a minimum width of 40 feet, it is undetermined the type of
product that other homebuilders may be willing to provide on these properties.
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Recommendation
While there are aspects of this setback deviation that concerns Planning staff, staff does not objective
to the proposed deviation. It is important for the applicant to be aware that if the overhang of the
house on these reduced setback lots is less than three feet from the side property line then a one-hour
fire resistance rating for the wall and the overhang shall be required consistent with Florida Building
Code standards.
Vacation Request
Background
The applicant seeks to vacate the outer 1.5 feet of four, 7.5-foot wide platted drainage easements
associated with the following lots located in the Sunset Lakes Subdivision as described below.
• The southernmost 1.5 feet of easement associated with the northern property line of Lot 51,
Block 7045.
• The northernmost 1.5 feet of easement associated with the southern property line of Lot 52,
Block 7045.
• The easternmost 1.5 feet of easement associated with the western property line of Lot 34, Block
7046.
• The easternmost 1.5 feet of easement associated with the western property line of Lot 43, Block
7046.
The applicant has provided a topographic survey showing a buried drainage pipe that is located at the
midpoint of the two, 7.5-foot wide drainage easements located parallel with one another and that are
associated with Lots 34 and 35, Lots 43 and 44, and Lots 51 and 52. A 24-inch diameter reinforced
concrete pipe (RCP) exists within the easement that straddles the property line between Lots 34 and 35.
An 18-inch diameter RCP exists within the easements that straddle the property lines between Lots 43
and 44 and Lots 50 and 51.
The applicant has also provided letters of no objection from Century Link, Comcast and LCEC. A similar
letter of no objection has been provided by the Coral Lakes Community Association, Inc. The City does
not have any utility facilities or infrastructure located within these easements.
Analysis
Staff has analyzed this requested based on LUDR, Section 8.11. The applicant seeks to reduce the width
of these four platted easements from 7.5 feet to 6.0 feet. This vacation is sought in conjunction with a
deviation request that seeks side setback relief for these same four lots. The approval of both requests
is necessary to allow development of 40-foot wide single-family homes on these four parcels that have a
width of 50 feet. The reduction in easement width sought by the applicant would render the new width
of these easements comparable to the majority of platted easements that exist around the perimeter of
most Cape Coral home sites. While the subject easements were originally dedicated on the Sunset
Lakes Subdivision plat for drainage purposes, maintenance responsibilities associated with these
easements belong to the homeowners association and not the City. The diameter of the existing
drainage pipes that occupies these easements ranges from 18 to 24 inches. Even with the reduction in
the width of these easements, the sizes of the pipes are such that these easements will be sufficiently
large to accommodate most anticipated maintenance responsibilities should they arise.
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Recommendation
Staff recommends approval of this vacation request.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
This project is consistent with the following goals, objectives and policies contained within the City's
Comprehensive Plan:
Housing Element
GOAL: "To provide good quality housing in safe, clean neighbors, offering a broad choice of
options in both type (single family and multi-family} and tenure (owner and renter
occupied) to meet the needs of present and future residents of the City, regardless of age
or income status."
Staff comment: The deviation seeking side setback relief will allow for a single-family home product that
differs from the traditional housing product available on most platted two-lot residential
sites in the City.
Future Land Use Element
Policy 1.1: "The subdivision of land within the City of Cape Coral shall be granted only within
Development of Regional Impact (DR!s} or in Planned Development Projects (PDPs},
except for instances of approving small-scale subdivisions of fewer than 10 lots involving
fewer than 10 acres."
Staff comment: This PDP project involves a replat or re-subdivision of three existing tracts within the
Sunset Lakes Subdivision.
Transportation Element
Objective 1.2: "The City shall ensure the availability of rights-of-way for the construction of arterial and
collector roadways and transportation projects to meet the projected travel demand by
2030."
Staff comment: The Andalusia Boulevard extension project appears on the MPO 2030 Plan.
PUBLIC NOTIFICATION
This case was publicly noticed as required by LUDR, Section 8.3 as further described below.
Publication: A legal ad was prepared and sent to the New Press for scheduled publication on January 25
and February 22, 2015.
Written notice: Letters for property owners located within the Sunset Lakes project area and property
owners located within 500 feet of the project area were mailed letters on January 22, 2015. A total of
769 property owners were mailed notification letters.
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Posting of a Sign: Three signs were posted on the subject property on January 22, 2015.
PROJECT RECOMMENDATION
Staff finds that this PDP amendment that involves a replat, deviation and vacation request is compliant
with the City's Land Use and Development Regulations and is consistent with the City's Comprehensive
Plan. Staff also supports the deeding of proposed Tract F-5A from the Developers to the City to assist in
satisfying the Andalusia Boulevard Roadway Improvement Agreement and the removal of this tract from
the PDP project area. As a result, staff recommends approval of this project subject to those conditions
that appear in the development order associated with this project.
Staff Contact Information
Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator
PH: 239-242-3255
Email: [email protected]
MAASTRI_CH~
ENGINEERING
January 21, 2015
Mr. Vincent Cautero, Acting Director
Department of Community Development
City of Cape Coral
1015 Cultural Park Boulevard
Cape Coral, Florida 33990
PROJECT: CORAL LAKES SUBDIVISION -PDP# 02-00800015
SECTION 30, TOWNSHIP 43 S, RANGE 24 E
SUBJECT: PDP AMENDMENT
Dear Mr. Cautero,
Please accept this letter as a final, revised letter of intent for the Sunset Lakes (Coral Lakes) PDP amendment.
The following property owners, AQ Coral Lakes, LLC, Coral Lakes Community Association, Inc., and Coral Lakes
Investment Holdings, LLC seek to amend the Sunset Lakes project. This project was originally approved by
Ordinance 71-03 and amended by Ordinance 141-04. The owners as part of this proposed amendment request
the following:
1. Approval of a replat of Tracts F-5, L-1 and P-4. The purpose of this request is to replat and deed to the
City a 15.24-acre tract (Tract F-SA) to comply with an amended Andalusia Roadway Improvement
Agreement. Once replatted, this tract will be deeded to the City and removed from the PDP project
area.
2. A deviation of 2.5 feet from the minimum side yard setback of 7.5 feet found In the R-lB zoning district
to allow 30 lots in Blocks 7045 and 7046 to have a minimum side setback of 5.0 feet.
More specifically, this deviation is requested for the following:
• Lots 41, 42, 44, 45, 46, and 48-53 within Block 7045
• Lots 25, 26, 27, 29-34, 36-41, 43, 45, 46, and 50 within Block 7046
3. A partial vacation of drainage easements associated with Lots 51 and 52 in Block 7045 and Lots 34 and
43 in Block 7046. More specifically, this vacation Is being sought for those easements described below:
• The southernmost 1.5 feet of easement associated with the northern property line of Lot 51,
Block 7045.
• The northernmost 1.5 feet of easement associated with the southern property line of Lot 52,
Block 7045.
• The easternmost 1.5 feet of easement associated with the western property line of Lot 34, Block
7046.
• The easternmost 1.5 feet of easement associated with the western property line of Lot 43, Block
7046.
12800 University Dr. Ste. 402 • Fort Myers, Florida 33907 • Phone: [phone] • Fax: {239) 313-7179