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 January 23, 2015 PDP13-0007 Page 2 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 January 23, 2015 PDP13-0007 Page 3 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). January 23, 2015 PDP13-0007 Page 4 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. January 23, 2015 PDP13-0007 Page 5 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 January 23, 2015 PDPB-0007 Page 6 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. January 23, 2015 PDP13-0007 Page 7 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. January 23, 2015 PDP13-0007 Page 8 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. January 23, 2015 PDP13-0007 Page 9 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: (239) 362-1605 • Fax: {239) 313-7179