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CITY OF LABELLE 1 ORDINANCE 2019-16 2

OAKWOOD TERRACE PUD AMENDMENT 3 4

AN ORDINANCE OF THE CITY OF LABELLE, FLORIDA, AMENDING ORDINANCE 5 2007-13 FOR THE OAKWOOD TERRACE PLANNED UNIT DEVELOPMENT 6 INCREASING THE DENSITY FROM 45 DWELLING UNITS TO 56 DWELLING UNITS; 7 DECREASING THE COMMERCIAL SQUARE FOOTAGE FROM 25,000 SF TO 15,000 8 SF; AMENDING THE SCHEDULE OF USES; AMENDING THE SITE DEVELOPMENT 9 REGULATIONS; AND AMENDING THE MASTER CONCEPT PLAN; PROVIDING 10 FOR INTENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE 11 DATE. 12

13 WHEREAS, Oakwood Terrace LLC, c/o Derek Beck, is the “Owner” of real property, 14

located at 170 East Oklahoma Avenue, City of LaBelle, Florida, further described in Exhibit “A”, 15 attached hereto; 16

17 WHEREAS, the Property was originally rezoned pursuant to Ordinance 2007-13 from 18

Business Professional (B-1) to Planned Unit Development (PUD) to allow for a mixed-use 19 development known as Oakwood Terrace; and 20

21 WHEREAS, the City of LaBelle adopted the Downtown Business District (DBD) zoning 22

district in 2015 pursuant to Ordinance 2015-11; and 23 24 WHEREAS, the Owner, filed an application to amend the Oakwood Terrace PUD to allow 25

for an alternative development program that is more consistent with the City’s intent for the 26 Downtown District future land use category and Downtown Business District zoning district; and 27 28

WHEREAS, after duly advertised public hearings held on July 11, 2019 before the LaBelle 29 Local Planning Agency “LPA”, and on August 8, 2019 before the City Commission; and, 30 31

WHEREAS, the City Commission for the City of LaBelle has determined that the requested 32 PUD rezoning is in compliance with the land use designation of “Downtown District” and approval 33 of the rezoning application will further the goals and objectives of the City of LaBelle 34 Comprehensive Plan; and, 35

36 WHEREAS, the subject application and plans have been reviewed by City of LaBelle 37

Planning Department in accordance with applicable regulations for compliance with all terms of 38 the administrative approval procedures; and 39

40 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of LaBelle, 41 Florida: 42

43 Section 1. The forgoing recitals are true and correct and are incorporated herein by this 44

reference. 45

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Section 2. The above-mentioned Planned Unit Development (PUD) is hereby amended, 46 upon a finding that this is the most appropriate use of the property and this use will promote, 47 protect and improve the health, safety, comfort, good order, appearance, convenience and general 48 welfare of the public subject to the following conditions, which supersede the conditions set forth 49 in Ordinance 2007-13: 50 51

1. The Rezone request applied to the property is described in Exhibit ‘A’. 52 2. The PUD is limited to a maximum of 56 multi-family dwelling units and 15,000 square 53

feet of commercial uses. 54 3. Allowable uses shall be limited to those listed in the Schedule of Uses, attached as Exhibit 55

‘B’. 56 4. Development Standards will conform to the Development Standards Table, attached as 57

Exhibit ‘C’. 58 5. All development must conform to the general design of the Master Concept Plan contained 59

in Exhibit ‘D’ and the requirements of the Land Development Code. Maximum square 60 footage of non-residential and number of dwelling units per building are shown for 61 conceptual planning purposes and are subject to change at the time of site development 62 plan permitting. In no case shall the intensity exceed 15,000 square feet or the number of 63 units exceed 56. 64

6. Multi-family buildings must be consistent with the Conceptual Elevation attached as 65 Exhibit ‘E’. All building architectural design must comply with the Downtown Business 66 District standards set forth in LDC Sections 4-71.8 “Building Placement and Form” and 4-67 71.9 “Architectural Guidelines”. Mixed-Use buildings and Garden Apartment buildings 68 must have consistent architectural theme and color palette. 69

7. Developer must construct 5-foot wide sidewalks along all street frontages (Lee Street, 70 Oklahoma Avenue, Washington Avenue and Missouri Avenue). 71

8. Development must connect to the City’s potable water and sanitary sewer system. A 72 demonstration of capacity will be required at the time of development. 73

9. The project will be managed by the developer/property owner, until such time as the 74 property is subdivided or a condominium is established, upon which a Property Owners 75 Association (POA) must be established for maintenance of common areas, parking areas, 76 and infrastructure within the community. 77

10. Streetscape plantings are required along all street frontages. Streetscape plantings must be 78 located on the street side/external side of the required 5-foot wide sidewalk or sidewalk 79 easement. Where parking areas are within 50’ of the property line (not including on-street 80 parking spaces), a hedgerow installed at 36” must be placed along the property line to 81 screen the vehicle use areas. 82

11. A minimum of 30% of the development, or 0.94 acres, of open space shall be provided 83 within the PUD. At minimum the open space areas must contain a walking trail and a 84 pavilion, or multiple pavilions, totaling 400 SF. Improvements are required to be 85 constructed by the time of project buildout. 86

12. A minimum of 111 off-street parking spaces must be provided internal to the project. 49 87 on-street parking spaces must be provided on Lee Street, Washington Avenue, Oklahoma 88 Avenue, and Missouri Avenue. Parking for non-residential uses must or exceed the parking 89

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requirements of LDC Section 4-71.13 based upon the mix of uses at the time of site 90 development permitting. 91

13. All development activities must comply with the City’s regulations relating to the 92 protection of significant oak trees and the Tree Removal Plan contained in Exhibit F. All 93 oak trees shown on the plan to be removed must be replaced within the PUD by Live Oak 94 trees with a minimum height of 10 feet; a four (4) foot spread, and a two (2) inch caliper at 95 time of planting. 96

14. All construction access is limited to Lee Street. No construction traffic may use Oklahoma, 97 Washington, or Missouri Avenues. 98

15. Street lighting must comply with LDC Section 4-71.12.6. 99 16. Dumpsters, recycling facilities and service areas must be located internal to the site and 100

screened from all public rights-of-way by an opaque wall or fence. 101 17. The PUD Master Concept Plan will remain valid for not more than three (3) years from the 102

date of City Commission approval. Horizontal construction must commence within three 103 (3) years or the MCP will be deemed vacated. Upon such time a new PUD zoning approval 104 must be filed and approved by the City Commission. A one (1) time extension of 6 months 105 may be submitted to the City prior to vacation of the MCP. 106

18. The site design must provide for Fire Department access and circulation within the 107 property. 108

109 Section 3. Conflict with other Ordinances. The provisions of this article shall supersede any 110

provisions of existing ordinances in conflict herewith to the extent of said conflict. 111 112 Section 4. Severability. In the event that any portion of this ordinance is for any reason held 113

invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 114 separate, distinct and independent provision, and such holding shall not affect the validity of the 115 remaining portions of this ordinance. 116

117 Section 5. Effective Date. This Ordinance shall become effective immediately upon its 118

adoption. 119 120 121

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PASSED AND ADOPTED in open session this _____ day ________, 2019. 122 123 124

THE CITY OF LABELLE, FLORIDA 125 126 127 By: ____________________________ 128 David A Lyons, Mayor 129

Attest: 130 131 Thomas A. Smith, Clerk-Commissioner 132

133 APPROVED AS TO FORM AND 134

LEGAL SUFFICIENCY: 135 136 137

By: _______________________________ 138 Derek Rooney, City Attorney 139 140 141 Vote: AYE NAY 142 143 Mayor Lyons ____ ____ 144 Commissioner Smith ____ ____ 145 Commissioner Wilkins ____ ____ 146 Commissioner Akin ____ ____ 147 Commissioner Zimmerly ____ ____ 148 149 150

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EXHIBIT A 151 LEGAL DESCRIPTION 152

153 All of Block 27, GOODNO ADDITION TO LABELLE, as per plat thereof, recorded in Plat Book 154 1, Page 47, Public Records of Lee County, Florida, lying and being in Hendry County, Florida. 155 156

157 158 159

160 161

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EXHIBIT B 162 SCHEDULE OF USES 163

164 Residential Uses: 165 Caretaker/Security Quarters 166 Multi-family dwelling units (limited to a maximum of 56 units) 167 Accessory uses 168 169 Commercial Uses: 170 Accessory uses 171 Animal Hospital/Clinic (outdoor kennels or runs are prohibited) 172 Bakeries 173 Convenience Stores, no gas pumps 174 Day Care 175 Eating and Drinking Establishments 176 Café/Restaurant 177 Bar 178 Tavern/Supper Club 179 Display Gallery 180 Financial Institutions 181 Food and beverage Sales 182 Alcoholic Beverage Establishment as per Chapter 3 of the LDC – excluding liquor/package store 183 Funeral and interment Services 184 Furniture Store, no outdoor display or storage 185 Grocery Stores, no outdoor storage, outdoor display only as a temporary use 186 Offices 187 Outdoor Sales Area, as temporary use only in accordance with LDC Section 4-83 188 Personal Services 189 General 190 Dry Cleaning Establishments – storefront only 191 Repair Services, indoor only, limited to small appliances, no outdoor storage or display 192 Retail Sales/Rental 193

General, no heavy equipment sales or lumber yards, no outdoor storage, outdoor display 194 only as a temporary use 195

Signs as per LDC Chapter 4 196 197

198 199 200 201 202 203 204 205 206

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EXHIBIT C 207 SITE DEVELOPMENT REGULATIONS 208

209 MINIMUM AREA DIMENSIONS Min. Lot Size 10,000 sq. ft. Min. Depth 100 sq. ft. Min. Width 100 sq. ft. Maximum Height(1) 45/50 ft. Maximum Lot Coverage 50% Minimum Open Space 30% Minimum Unit Size 800 sq. ft. MAXIMUM BUILDING SETBACKS Front (Oklahoma/south) 15 ft. Rear (Washington/north) 15 ft. Side (Lee/west) 15 ft Side (Missouri/east) 15 ft Accessory Structures 5 ft. Minimum Building Separation 20 feet

(1) Buildings along Lee Street, Oklahoma Avenue, and Washington Avenue may have 210 a maximum height of 50 feet. Buildings adjacent to Missouri Avenue are limited 211 to a maximum height of 45 feet. 212

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EXHIBIT D 214 MASTER CONCEPT PLAN 215

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219 220

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EXHIBIT E 221 CONCEPTUAL MULTI-FAMILY BUILDING ELEVATION 222

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EXHIBIT F 229 TREE REMOVAL PLAN 230

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