LEE COUNTY ORDINANCE NO. 11-24
(Caloosahatchee Shores Community Plan Clarifications)
(CPA201 0-00022)
AN
ORDINANCE AMENDING THE LEE COUNTY COMPREHENSIVE
PLAN, COMMONLY KNOWN AS THE "LEE PLAN," ADOPTED BY
ORDINANCE NO. 89-02, AS AMENDED, SO AS TO ADOPT AMENDMENT
PERTAINING TO THE CALOOSAHATCHEE SHORES COMMUNITY PLAN
(CPA2010-00022) APPROVED DURING A PUBLIC HEARING DURING
THE COUNTY'S 2010/2011 REGULAR COMPREHENSIVE PLAN
AMENDMENT CYCLE; PROVIDING FOR PURPOSE, INTENT, AND
SHORT TITLE; AMENDMENTS TO ADOPTED MAP AND TEXT; LEGAL
EFFECT
OF "THE LEE PLAN"; GEOGRAPHICAL APPLICABILITY;
SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS,
AND
AN
EFFECTIVE DATE.
WHEREAS, the Lee County Comprehensive Plan ("Lee Plan") Policy 2.4.1. and
Chapter
XIII, provides for adoption
of
amendments to the Plan
in
compliance with State
statutes and
in
accordance with administrative procedures adopted by the Board
of
County
Commissioners
("Board"); and,
WHEREAS, the Board,
in
accordance with Section 163.3181, Florida Statutes, and
Lee County Administrative Code AC-13-6 provide an opportunity for the public to
participate
in
the plan amendment public hearing process; and,
WHEREAS, the Lee County Local Planning Agency
("LPA") held a public hearing
on
the proposed amendment
in
accordance with Florida Statutes and the Lee County
Administrative Code
on
February
28,
2011
and March 28, 2011; and,
WHEREAS, the Board held a
public hearing for the transmittal of the proposed
amendment
on
June 13, 2011. At that hearing, the Board approved a motion to send, and
did later send, proposed amendment pertaining to Caloosahatchee Shores Community
Plan
(CPA201 0-00022) to the reviewing agencies setforth
in
Section 163.3184(1 )(c), F.S.
for review and comment; and,
WHEREAS, at the June 13,
2011
meeting, the Board announced its intention to
hold a public hearing after the receipt
of
the reviewing agencies' written comments; and,
WHEREAS,
on
September 28, 2011, the Board held a public hearing and adopted
the proposed amendment to the Lee Plan set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF
LEE COUNTY, FLORIDA, THAT:
Page 1
of6
SECTION ONE: PURPOSE, INTENT AND SHORT TITLE
The Board
of
County Commissioners
of
Lee County, Florida,
in
compliance with
Chapter 163,
Part
II,
Florida Statutes, and with Lee County Administrative Code AC-13-6,
conducted
public hearings to review proposed amendments to the Lee Plan. The purpose
of
this ordinance
is
to adopt map and text amendments to the Lee Plan discussed at those
meetings and approved by a majority
of
the Board
of
County Commissioners. The short
title and proper reference for the Lee County Comprehensive Land Use Plan, as hereby
amended,
will continue to be the "Lee Plan." This amending ordinance may be referred
to
as
the "Caloosahatchee Shores Community Plan Clarifications Ordinance
(CPA201 0-00022)."
SECTION TWO: ADOPTION OF COMPREHENSIVE PLAN AMENDMENT
The Lee County Board of County Commissioners amends the existing Lee
Plan,
adopted by Ordinance Number 89-02, as amended, by adopting
an
amendment, which
/amends Map
1,
Special Treatment Areas, Page 2
of
8,
Community Planning Areas, to
modify the boundary between the
Caloosahatchee Shores and Olga Communities;
Clarifies the appropriate areas for commercial and mixed uses; and Clarifies the public
participation language
in
Policy 21.6.3. known as CPA201 0-00022 (Caloosahatchee
Shores Community Plan Clarifications).
The corresponding Staff Reports and Analysis, along with all attachments for this
amendment are adopted as
"Support Documentation" for the Lee Plan. Proposed
amendments adopted by this Ordinance are attached as Exhibit
A.
SECTION THREE: LEGAL EFFECT OF THE "LEE PLAN"
No public or private development will be permitted except
in
conformity with the
Lee
Plan. All land development regulations and land development orders must be
consistent with the Lee
Plan as amended.
SECTION FOUR: GEOGRAPHIC APPLICABILITY
The Lee Plan
is
applicable throughout the unincorporated area of Lee County,
Florida, except
in
those unincorporated areas included
in
joint or interlocal agreements with
other
local governments that specifically provide otherwise.
SECTION FIVE: SEVERABILITY
The provisions of this ordinance are severable and it
is
the intention
of
the Board
of
County Commissioners
of
Lee County, Florida, to confer the whole or any part
of
the
powers herein provided.
If any
of
the provisions
of
this ordinance are held unconstitutional
by a court
of
competent jurisdiction, the decision
of
that court will not affect or impair the
remaining provisions of this ordinance.
It
is
hereby declared to be the legislative intent
of
Page 2
of6
the Board thatthis ordinance would have been adopted had the unconstitutional provisions
not been included therein.
SECTION SIX: INCLUSION
IN
CODE. CODIFICATION. SCRIVENERS' ERROR
It
is the intention
of
the Board
of
County Commissioners that the provisions
of
this
ordinance
will become and be made a part
of
the Lee County Code. Sections
of
this
ordinance may be renumbered or
relettered and the word "ordinance" may be changed to
"section," "article," or other appropriate word or phrase
in
order to accomplish this intention;
and regardless
of
whether inclusion
in
the code is accomplished, sections
of
this ordinance
may be renumbered or
relettered. The correction
of
typographical errors that do not affect
the intent, may be authorized by the County Manager, or his or her designee, without need
of
public hearing, by filing a corrected or recodified copy with the Clerk
of
the Circuit Court.
SECTION SEVEN: EFFECTIVE DATE
The
plan amendments adopted herein are not effective until
31
days after the State
Land
Planning Agency notifies the County that the plan amendment package is complete.
If timely challenged,
and amendment does not become effective until the State Land
Planning Agency or the Administrative Commission enters a final order determining the
adopted amendment to be
in
compliance. No development orders, development permits,
or
land uses dependent
on
this amendment may be issued or commence before the
amendment has become effective. If a final order
of
noncompliance
is
issued by the
Administration Commission, this amendment may nevertheless be made effective by
adoption
of
a resolution affirming its effective status.
THE
FOREGOING ORDINANCE was offered by CommissionerTammara Hall, who
moved its adoption. The motion was seconded by Commissioner John Manning. The vote
was as
follows:
John
E.
Manning Aye
Brian Bigelow Aye
Ray Judah Aye
Tammara
Hall Aye
Frank Mann Aye
Page
3
of6
DONE AND ADOPTED this 28th day
of
September 2011.
ATTEST:
CHARLIE
GREEN, CLERK
-
'l~
BY:
vrvw.J·lf:.J.A./~)
Deputy Clerk
LEE COUNTY
BOARD OF COUNTY COMMISSIONERS
BY:~~
Frank
a&f.
Chair
DATE:.
qfag!t
1
------~,~~~~---------
Exhibit
A:
Adopted revisions to Map
1,
Special Treatment Areas Page 2
of
8,
Community Planning Areas (Adopted by BOCC 9-28-11)
A
1:
Former-
prior to Amendment
A2: Adopted by
BOCC 9-28-11
S:\LU\COMP PLAN AMENDMENTS\201 0-2011 Cycle\Ord.- CPA2010-00022 Caloosahatchee Shores Comm Plan Clarifications.wpd
FINAL 10/5/11
Page 4
of
6
EXHIBIT A
Note: Text depicted with underscore represents additions to the Lee Plan.
Strike-
through text represents deletions from the Lee Plan.
OBJECTIVE 21.2: COMMERCIAL LAND USES. New commercial uses will be limited to
properties already zoned for commercial uses as well as commercial centers designated
on Map 19, the intersection of
1-75
and S.R.
80,
the intersection
of
S.R.
31
and S.R.
80,
properties located
in
the State Route 80 Corridor Overlay District, the Verandah Boulevard
commercial node, lands with the Commercial Future Land
Use designation, and Future
Urban Areas including the central urban and suburban categories adjacentto S.R.
80.
New
commercial zoning must be approved through the Planned Development rezoning process.
Existing and future county regulations, land use interpretations, policies, zoning approvals,
and administrative actions should be undertaken
in
an
effort to promote the goal
of
commercial redevelopment along SR
80
and increased commercial opportunities to seNice
the needs of the Caloosahatchee Shores community and surrounding areas. County
regulations should attempt to ensure that commercial areas maintain a unified and
pleasing aesthetic/visual quality
in
landscaping, architecture, lighting and signage.
Commercial land uses must be designed to be compatible with and further the historic
character and identity
of
existing rural Old Florida and Florida Vernacular styles of
architecture and the historic identity of
Olga.
POLICY 21.2.1: To seNice the retail needs
of
Caloosahatchee Shores and the
surrounding rural communities, the intersection of SR
80 and SR
31,
north of SR
80 and east and west
of
SR
31
are designated as commercial nodes to allow for
greater commercial intensity. Commercial nodes are intended for development or
redevelopment at Community Commercial levels as defined
in
Policy 6.1.2
of
the
Lee
Plan.
The Verandah Boulevard commercial node
is
intended for Minor Commercial levels
as defined
in
Policy 6.1.2. Office and residential uses consistent with the Suburban
designation are also allowed
in
this Minor Commercial node.
POLICY 21.2.2:
In
order to protect the rural residential character of Buckingham
Road, new retail uses along Buckingham Road outside the commercial node
identified
on
Map
19,
will be discouragedprohibited.
POLICY 21.2.3: Minor commercial uses, public facilities, and recreational areas are
encouraged at or near the intersection
(·within
660 feet
ofthe
adjoining rights ofw·ay
of
the intersection roads)
of
Old Olga Road and South Olga Drive. Minor
commercial
uses that are intended to service the needs
ofthe
immediate neighbors,
are designated through landscaping, architectural standards and pedestrian
facilities
to be visually and functionally compatible
Vv'ith
surrounding residential uses,
and are
designed to promote the vision of a pedestrian oriented village, are
encouraged and are not required to meet the retail site location standards
in
Policy
Page
5
of6
6.1.2 at this intersection. The Olga Mall property. 2319
S.
Olga Drive. may continue
to provide minor commercial retail services for the
Olga community.
POLICY 21.6.3: The owner or agent for any Planned Development
of
a requested
Lee Plan amendment or zoning action (planned development, conventional
rezoning. special exception. or variance requests) within the Caloosahatchee
Shores Community must conduct one public informational session where the agent
will provide a general overview
of
the project for any interested citizens. Lee County
encourages zoning staff to participate
in
st:teh
the public workshopsinformation
session. This meeting must be conducted before the application can be found
sufficient. The applicant is
fully responsible for providing the meeting
space.L
providing notice
of
the meeting. and providing security measures as needed.
Subsequentto this meeting. the applicant must provide County staff with a meeting
summary document that contains the
following information: the date. time. and
location
of
the meeting; a list
of
attendees; a summary
of
the concerns or issues
that were raised at the public information session; and a proposal for how the
applicant
will respond to any issues that were raised.
Page 6
of6
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Attachment
1
SPEC
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TREATMENT
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Last
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.Amended
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02-02.
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Attachment
2
SPECIAL
TREATMENT
AREAS
Lege
nd
Current
S
ee
Maps 2 and 12 for Details
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Commun
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Pl
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ty
Umhs
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2,
2010
Amended by
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No
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02-02, 03-01, 03-02,
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03-21, 07.00, OS-05,
09-07,
09-08,09-09,09
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11, 10-16
Lee Plan Map 1
Page 2 of 8
L e I r
STATE OF FLORIDA
COUNTY OF LEE
I Charlie Green, Clerk
of
Circuit Court, Lee County, Florida, and ex-Officio Clerk
of
the Board
of
County Commissioners, Lee County, Florida, do hereby certify that the above and foregoing,
is a true and correct copy
of
Ordinance No. 11-24, adopted
by
the Board
of
Lee County
Commissioners, at their meeting held
on
the
28th
day
of
September,
2011
and same filed in the
Clerk's Office.
Given under
my
hand and seal, at Fort Myers, Florida, this
6th
day
of
October, 2011.
CHARLIE GREEN,
Clerk
of
Circuit Court
Lee County, Florida
By:~.~
Deputy Clerk
Finance.& Records Dept. Minutes
Office-
P.O. Box 2469, Fort
Myers,
FL 33902
Phone:
(239) 533-2328 1 Fax: (239) 485-2038
FLORIDA DEPARTMENT
oi
STATE
RICK
SCOT!'
Govemor
DIVISION
OF
LIBRARY AND INFORMATION
SERVICES
KURT
S. BROWNING
Secretary
of
State
October 10, 2011
Honorable Charlie Green
Clerk
of
Court
Lee County
Post Office
Box2469
Fort Myers, Florida 33902-2469
Attention: Marcia Wilson, Deputy Clerk
Dear Mr. Green:
Pursuant
to
the proVisions
of
Section 125.66, Florida Statutes, this will acknowledge receipt
of
your letter
dated
October
6,
2011 and certified copies
ofLee
County Ordinance Nos. 11-13, 11-14, 11-15, 11-16, 11-
17, 11-18, 11-19,
11-20, 11-21, 11-22, 11-23 and 11-24, which were filed
in
this office on October 10,
2011. '
Sincerely,
~~K_
)
(__)
.
Liz Cloud
Program Administrator
LC/jw
)l
VIVA
FlORIDA500_
R.
A.
Gray
Building
•
500
South
Bronaugh
Street
•
Tallahassee,
Florida
32399-0250
Telephone:
850.245.6600
• Facsimile:
850.245.6282
•
http:/
/info.florida.gov
Commemorating
500
years
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Florida
history
www.fla500.com
~
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flORWA500_
