LEE COUNTY ORDINANCE NO. 18-11
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, AMENDING THE LEE COUNTY LAND DEVELOPMENT CODE, CHAPTER 33, RELATING TO THE USE OF LAND WITHIN THE NORTH FORT MYERS MIXED USE OVERLAY; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION AND SCRIVENER'S ERRORS, PROVIDING FOR MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes Section 125.01(1)(h) authorizes counties to establish, coordinate, and enforce zoning regulations necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners adopted the Lee County Land Development Code which contains regulations applicable to the development of land in Lee County; and
WHEREAS, the Board of County Commissioners of Lee County, Florida, has adopted a comprehensive Land Development Code (LDC); and
WHEREAS, Goal 4 of the Lee County Comprehensive Land Use Plan (Lee Plan) states: Pursue or maintain land development regulations which protect the public health, safety and welfare, encourage creative site designs and balance development with service availability and protection of natural resources; and,
WHEREAS, on September 20, 2017, the Board of County Commissioners directed staff to review and identify existing LDC community regulations that conflict with the alternative development standards permitted within the mixed use overlay and propose amendments where appropriate.
WHEREAS, the Land Development Code Advisory Committee (LDCAC) was created by the Board of County Commissioners to explore amendments to the LDC; and
WHEREAS, the LDCAC has reviewed the proposed amendments to the LDC on January 12, 2018, and recommended approval of the proposed amendments as modified; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA THAT:
SECTION ONE:
ARTICLE VIII. NORTH FORT MYERS PLANNING COMMUNITY DIVISION 1. IN GENERAL
Sec. 33-1533. Conflicting provisions.
If the provisions of this article are inconsistent with provisions found in other adopted codes, ordinances, or regulations of the County, this article will take precedence, except for provisions applicable to properties located within the mixed use overlay, as delineated on Map 1, Page 6 of the Lee Plan and described in Objective 11.2.
Sec. 33-1537. - Definitions.
Mixed-use means a development, in a compact urban form, including residential and one with two or more different but compatible uses, such as but not limited to: residential, office, industrial and technological, retail, commercial, public, entertainment, or recreation. These uses may be combined within the same building or may be grouped together in cohesive neighboring buildings with limited separation, unified form and strong pedestrian interconnections to create a seamless appearance. This is also known as horizontal mixed-use, whereby the development combines multiple single-use buildings within a single development parcel or site. (See Figure 2.)
DIVISION 2. NORTH FORT MYERS COMMUNITY WIDE LAND DEVELOPMENT PROVISIONS
Sec. 33-1548. Interconnections and shared access for new development and redevelopment.
Commercial and mixed-use development adjacent to one another must provide interconnections for automobile, bicycle and pedestrian traffic. These regulations apply to new development or redevelopment involving alteration of, or the addition of building square footage, equal to 30 percent or more of existing square footage. Interconnects between parking lots are not intended to satisfy the criteria for site location standards outlined in Policy 6.1.2(5) of the Lee Plan.
Subdivision II. Design Standards for Commercial Corridors Sec. 33-1571. - Property development regulations.
(a) Minimum building setbacks.
(1) Side setback. Except as may be necessary to meet the landscaped buffer
requirements of section 33-1581.(!21, no minimum building setback from side property
lines is required; but, if a setback is provided it must not be less than five feet.
(2) Rear setback. Except as may be necessary to meet the landscaped buffer
requirements of section 33-1581.(!21, no minimum building setback from the rear
property line is required.
(3) Setback from man-made lakes or waterways must be at least 20 feet.
(b) Mixed use over/av. Properties located within the mixed use overlay. as delineated on
Map 1. Page 6 of the Lee Plan and described in Objective 11.2. may apply the alternative
property development regulations under the "MUO" category in Table 34-845.
Sec. 33-1572. Publicly-accessible open space.
In addition to the meeting the requirements of section 10-415 or section 10-425. if located in the mixed use overlay, all commercial and mixed-use projects are required to provide
publicly-accessible open space that meets the following standards:
(a) - (c) remain unchanged.
Subdivision IV. [Missellaneous]
Sec. 33-1581. Landscaping buffers!, pedestrian linkages, and street furniture.
(a) Properties located within the mixed use overlay. as delineated on Map 1. Page 6 of the
Lee Plan and described in Objective 11.2. must provide the minimum landscape requirements
established in section 10-425. The landscape requirements identified in section 10-424 must
be provided for specific uses developed within the mixed use overlay.
(b) Properties located outside the mixed use overlay must use the +Re following buffer
Subdivision VU. Signs
Staff Note: Update Subdivision numbering to reflect deletions above SECTION FOUR: CONFLICTS OF LAW
Whenever the requirements or provisions of this Ordinance are in conflict with the
requirements or provisions of other lawfully adopted ordinances or statutes, the most restrictive requirements will apply.
SECTION FIVE: SEVERABILITY
If any provision of this ordinance is deemed invalid or unconstitutional by a court of competent jurisdiction, it is the Board's intention that such portion will become a separate
provision and will not affect the remaining provisions of the ordinance. The Board further
declares that this ordinance would have been adopted if such unconstitutional provision was not
included.
SECTION SIX: CODIFICATION AND SCRIVENER'S ERRORS
The Board intends that this ordinance will be made part of the Lee County Code; and that sections of this ordinance can be renumbered or relettered and that the word "ordinance"
can be changed to "section", "article" or some other appropriate word or phrase to accomplish
codification, and regardless of whether this ordinance is ever codified, the ordinance can be
renumbered or relettered and typographical errors that do not affect the intent can be corrected
with the authorization of the County Manager or his designee, without the need for a public
hearing.
SECTION SEVEN: MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING
It is the intent of the Board of County Commissioners that the prov1s1ons of this
Ordinance may be modified as a result of consideration that may arise during Public Hearing(s).
Such modifications shall be incorporated into the final version.
SECTION EIGHT: EFFECTIVE DATE
This ordinance will take effect upon its filing with the Office of the Secretary of the Florida Department of State.
Commissioner Hamman made a motion to adopt the foregoing ordinance, seconded by Commissioner Manning. The vote was as follows:
John Manning Aye Cecil Pendergrass Aye
Larry Kiker Aye
Brian Hamman Aye
Frank Mann Aye
DULY PASSED AND ADOPTED this 20th day of March, 2018. ATTEST:
LINDA DOGGETT, CLERK
BY:
~
~
BY
:
~:::::::::::::.--=---JJ.~,1C...:.=---==:::~..;,,,,,,
Deputy Clerk
~\\\\\"""'"'''''"'
~,,vi ~
toUNTr
~~~~~(!i,.~ ...
t(%
~~~~··
...
~~
~~l ~
~ ..
,.
.
~
~-~i
\SE~L
el
.
~{~\ ,~
':;::~~-,
~.... f8s:
,..,,~ ... &:ri
'#
"l11. 't'\.l ~~
.,,,,,,
"""'"'''''~
rLORIDA DEPARTMENT
of
STAT~
RICK SCOTT.
Governor
March 27, 2018
Honorable Linda Doggett Clerk of the Circuit Courts Lee County
Post Office Box 2469
Fort Myers, Florida 33902-2469 Attention: Ms. Theresa King Dear Ms. Doggett:
KENDETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Ordinance No. 18-11, which was filed in this office on March 27, 2018.
Sincerely,
Ernest L. Reddick Program Administrator ELR/lb
