Lee County Unincorporated
City Zoning Code

(a)

The Lee Plan requires Developments of County Impact to be developed as planned developments. These Developments of County Impact, defined in Subsection (b) of this section, if not already zoned for the use desired, must be rezoned only to the most applicable planned development category. Other proposed developments, regardless of size, may seek a planned development designation where the developer desires and the Division Director determines that it is in the public interest to do so.

(b)

The Lee Plan provides that certain owner-initiated rezonings and special exceptions meeting specified thresholds will be reviewed as Developments of County Impact. The Development of County Impact thresholds are further categorized as major or minor planned developments as follows:

(1)

Major planned developments.

a.

A PRFPD in Southeast Lee County;

b.

A residential development of 500 or more dwelling units;

c.

A commercial development or activity on 15 or more acres or that includes 150,000 square feet or more of floor area;

d.

An industrial development or activity on 20 or more acres or that includes 200,000 square feet or more of floor area;

e.

Any mining excavation;

f.

Noncommercial schools (except Lee County School District and religious facility schools) proposed to have over 100 students;

g.

Any cultural facility (Section 34-622(c)(10)), recreational facility, commercial (Section 34-622(c)(38)), or park, Group II (Section 34-622(c)(32)) on ten or more acres of land;

h.

A health care facility, Group IV (hospital) that is not a part of a commercial or community facility planned development;

i.

Any combination (mixed-use) of the above-listed land uses where the sum of the percentages of each applicable individual threshold is equal to or greater than:

1.

100 percent for two land uses; or

2.

125 percent for three or more land uses;

j.

Any Development of Regional Impact not included in Subsections (b)(1)b through j of this section;

k.

Any development which includes the above ground storage of more than 40,000 gallons of petroleum;

l.

Any development proposed under the new community land use element of the Lee Plan;

m.

Any proposed hotel/motel that will contain more than 200 rental units.

(2)

Minor planned developments.

a.

Any proposed planned development that does not meet or exceed the thresholds in Subsection (b)(1) of this section for a major planned development.

b.

Any proposed development which requires a rezoning, and includes one or more of the following uses, must be rezoned only to a planned development:

1.

Manufacturing of:

(a)

Chemicals and allied products Groups I and II (excluding cosmetics, perfumes, etc.) (Section 34-622(c)(6)).

(b)

Fabricated metal products Group I (Section 34-622(c)(14)).

(c)

Lumber and wood products Groups V and VI (Section 34-622(c)(26)).

(d)

Paper and allied products Group I (Section 34-622(c)(31)).

(e)

Petroleum manufacturing (Section 34-622(c)(34)).

(f)

Primary metal industries (Section 34-622(c)(35)).

(g)

Research and development laboratories Group III (Section 34-622(c)(41)).

(h)

Rubber and plastic products Group I (Section 34-622(c)(44)).

(i)

Stone, clay, glass and concrete products Group IV (Section 34-622(c)(48)).

(j)

Textile mill products Group III (Section 34-622(c)(50)).

2.

Sanitary landfills.

3.

The shredding and composting of vegetative matter (Section 34-1831).

4.

Salvage yards or junkyards.

5.

Auto wrecking yards.

6.

Resource recovery facilities to produce energy.

7.

Impound yards.

8.

New sports/amusement parks and recreational facilities pursuant to Section 34-2472.

c.

An existing development, such as a mobile home development, that has already been developed but does not conform to the regulations for a conventional district, that requests a rezoning to a planned development classification, will be reviewed in the same manner as a minor planned development except that a Traffic Impact Statement will not be required.

d.

Amendments to an approved major or minor Master Concept Plan or its attendant documentation will be treated procedurally as minor planned developments. These applications will require only as much information, as deemed necessary by the Director, needed to describe the changes requested, to specify the incremental change in impacts expected from the amendment, and to detail the changes in development, environment and background (surrounding land use, traffic volumes, water, wastewater and other service availability, etc.), that have occurred since the original application.

(LDC 1994, § 34-341; Zoning Ord. 1993, §§ 800.02(B)1, 804.01; Ord. No. 94-24, § 17, 8-31-1994; Ord. No. 95-07, § 18, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 98-11, § 5, 6-23-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 02-20, § 5, 6-25-2002; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 08-21, § 3, 9-9-2008; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 17-11, § 1, 9-5-2017; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 22-11, § 8(34-341), 5-17-2022; Ord. No. 22-12, § 2(34-341), 5-17-2022)

All applications for planned development zoning or Master Concept Plan approval must follow the requirements detailed in Article II, Division 6 of this chapter and the requirements set out in this division.

(LDC 1994, § 34-371; Zoning Ord. 1993, § 804.03; Ord. No. 94-24, § 17, 8-31-1994; Ord. No. 98-11, § 5, 6-23-1998; Ord. No. 19-03, § 7, 4-2-2019)

The applicant may initiate the planned development process by requesting an optional pre-application conference with the Department staff. In this request, the applicant shall provide a description of the property in question, the location of the property, the existing use, special features and the use proposed. Through this meeting, the applicant may avail himself of staff in order to be oriented to the planned development process, to determine what application materials are required (if a minor planned development), and to be advised of the impacts of the Lee Plan, surrounding development and zoning, and other public policy on the development proposal.

A mandatory pre-application conference is required in accordance with Section 12-108 for mine excavation planned development applications.

(LDC 1994, § 34-372; Zoning Ord. 1993, § 804.03(B); Ord. No. 08-21, § 3, 9-9-2008)

(a)

Minimum required information for planned development zoning applications. Rezoning applications for all planned developments, with the sole exception of Mine Excavation Planned Developments (MEPD) under Chapter 12, must include the following information, supplemented, where necessary, with written material, maps, plans, or diagrams. A MEPD application must be submitted in accordance with Section 12-110 and is subject to the sufficiency timing provisions outlined in Section 34-372. Wherever this section calls for the exact or specific location of anything on a map or plan, the location must be indicated by dimensions from an acceptable reference point, survey marker or monument.

(1)

General application. A general application for public hearing in accordance with the requirements set forth in Sections 34-201 through 34-203. Two or more planned development categories may be combined in one application under the following circumstances:

a.

The subject property is divided into development areas, each of which corresponds to a different planned development category; and

b.

Each development area is identified by a separate sealed legal description and sketch of description.

(2)

Filing fee. The filing fee in accordance with the duly adopted fee schedule.

(3)

Legal description and accompanying sketch. A legal description and sketch meeting the requirements of Section 34-202(a) is required. If the proposed planned development will encompass more than one Zoning District (i.e., RPD/CPD), then a legal description and sketch for each separate Zoning District will be required in addition to the legal description and accompanying sketch of the overall planned development boundary. The boundary survey may not be used to satisfy this requirement.

(4)

Description of existing conditions. The application for a planned development must be accompanied by:

a.

A boundary survey, prepared and sealed by a professional surveyor, that meets the minimum technical standards set forth in F.A.C. Ch. 5J-17. The boundary survey must identify and depict all easements effecting the subject property, whether recorded or unrecorded, and all other physical encumbrances readily identified by a field inspection. On applications seeking to amend an approved planned development, the Director may waive certain requirements for the survey on a case-by-case basis through the formal request process set forth in Section 34-202(a).

b.

Maps drawn at the same scale as the Master Concept Plan marked or overprinted to show:

i.

Soils, classified in accordance with the USDA/SCS System;

ii.

Vegetation and ground cover, classified in accordance with the Florida Land Use and Cover Classification system;

iii.

Significant areas of rare and unique upland habitats as defined in the Lee Plan; and

iv.

A County topographic map (required if available) or a USGS quadrangle map showing the subject property; and

v.

Existing and historic flow-ways.

c.

A Florida Land Use, Cover and Classification System (FLUCCS) map at the same scale as the Master Concept Plan, prepared by an environmental consultant. The FLUCCS map must clearly delineate any federal and State jurisdictional wetlands and other surface waters, including the total acreage of federal and State wetlands.

d.

The nature and location of any known or recorded historical or archaeological sites as listed on the Florida Master Site File or the Lee County Historical Site Survey, and the location of any part of the property that is located within Level 1 or Level 2 zones of archaeological sensitivity pursuant to Chapter 22. The plan must show the outline of historic buildings and approximate extent of archaeological sites. A description of proposed improvements that may impact archaeological or historical resources must also be provided.

e.

Additional submittal requirements for PRFPD District applications are set forth in Section 34-941.

(5)

Narrative. A single narrative explaining the nature of the request and how the property qualifies for the rezoning to a planned development. This narrative should include how the proposed development complies with the Lee Plan and the Land Development Code. This narrative may be utilized by the Board of County Commissioners, Hearing Examiner and staff in establishing a factual basis for the granting or denial of the rezoning.

(6)

Master Concept Plan. All applications must be accompanied by a graphic illustration (Master Concept Plan) of the proposed development. PRFPDs must comply with Section 34-941.

If blasting is proposed to be conducted on the property in order to excavate lakes or other site elements, the location of all proposed blasting must be shown. See Section 34-202(b)(6) for other required information.

Copies of the Master Concept Plan must be provided in two sizes, 24 inches by 36 inches, and 11 inches by 17 inches in size. Both sizes of the Master Concept Plan must be clearly legible, depict the correct scale for the size drawing and be drawn at a scale sufficient to adequately show and identify the following information:

a.

The location and explanation of all existing easements, whether or not those easements are recorded. If an easement is based upon a recorded document, the official records book reference must be stated.

b.

The location of all points of vehicular ingress and egress from existing easements or rights-of-way into the development. If a subdivision, the plan must also show the general location of all proposed internal street rights-of-way or easements and the general location of all points of vehicular ingress and egress from the proposed internal rights-of-way or easements into multiple-family, commercial, or industrial use lots.

c.

The plan must indicate the general location, configuration, and approximate dimensions of the lots or parcels (including subdivided parcels and outparcels). The proposed use of the lots or parcels must be keyed to the list of proposed uses submitted with the application.

d.

Individual development areas (i.e., residential, retail, office, manufacturing, mixed-use-listed, etc.) with detail showing the boundary of each development area within which buildings, parking or other uses will be located.

e.

The general location of service areas for delivery of goods or services must be shown for all developments that are not residential subdivisions.

f.

The general location of proposed parks and recreation areas and facilities, as well as indigenous areas and flow-ways to be preserved, restored or created.

g.

Open space design plan delineating the indigenous preserves and/or native tree preservation areas as required per Section 10-415(b). Adjustments and field corrections to the plan can be done administratively at the time of development order review provided the minimum commitments made as part of zoning approval are maintained. No changes to an indigenous or native tree preserve area can be made administratively that would negatively affect screening or buffering to an adjacent property.

h.

The percentage of open space, unless the proposed development consists solely of conventional single-family dwelling units on lots of no less than 6,500 square feet. For commercial and industrial developments, the percentage of open space within each lot or outparcel must be as set forth in Section 34-414(c).

i.

The minimum width and composition of all proposed buffers along the perimeter of the subject property, as well as between the individual uses, if the types of proposed uses require buffer separations. References to types of buffers as described in Chapter 10 are acceptable.

j.

Proposed access and facilities for public transit in accordance with Sections 10-442 and 34-411(e).

k.

The general location of excavations for on-site fill and wet retention. If the applicant proposes to remove excavated material from the property a planned development for mining and a general mining permit may be required.

If the development is located within a floodplain or flow-way, it is the applicant's responsibility at the time of local development order or district permitting to compensate for impacts to flood storage capacity or flow-ways due to filling of the site.

l.

The location of any requested deviations, keyed to the schedule of deviations, including drawings demonstrating the effect the requested deviations will have on the site plan.

(7)

Traffic Impact Statement. A Traffic Impact Statement in a format and to the degree of detail required by a form furnished by the County and in conformance with the adopted County Administrative Code. Upon written request, the Director may waive this requirement for minor planned developments.

(8)

Schedule of uses. A schedule of uses keyed to the Master Concept Plan as well as a summary for the entire property including the following information:

a.

The types of uses proposed for the entire site. For projects with residential uses, the summary must include the types of proposed dwelling units;

b.

The number of units for each proposed use:

i.

For residential uses provide the maximum number of dwelling units by type.

ii.

For a hotel or motel provide the number of rooms.

iii.

For the following facilities provide the number of beds and unit types: health care, social service, assisted living, continuing care, and other group quarters.

iv.

For commercial, office, retail, and industrial uses provide the types and the total floor area of each type.

c.

The proposed percentage of open space for the entire site.

d.

The maximum height, in feet, in each individual development area. If parking under buildings is proposed, it must be indicated and included in the total maximum height of the building.

(9)

Deviations. A schedule of deviations and a written justification for each deviation requested as part of the Master Concept Plan accompanied by documentation including sample detail drawings illustrating how each deviation would enhance the achievement of the objectives of the planned development and will not cause a detriment to public interests. The location of each requested deviation must be indicated on the Master Concept Plan.

(10)

Property development regulations. A property development regulations table that establishes the minimum lot area and dimensions, minimum setbacks, maximum height, and maximum lot coverage within the planned development. Uses that have specific setback requirements within the LDC will be subject to the requirements set forth in the LDC, unless specifically stated within the proposed property development regulations table.

(b)

Surface Water Management Plan.

(1)

A written description of the Surface Water Management Plan that includes:

a.

The runoff characteristics of the property in its existing state;

b.

In general terms, the drainage concept proposed, including the outfall to canals or natural water bodies including how drainage flow from adjacent properties will be maintained;

c.

The retention features (including existing natural features) that will be incorporated into the drainage system and the legal mechanism which will guarantee their maintenance;

d.

How existing natural features will be preserved. Include an estimate of the ranges of existing and post development water table elevations, where appropriate;

e.

If the property is subject to seasonal inundation or subject to inundation by a stream swollen by the rains of a 100-year storm event, indicate the measures that will be taken to mitigate the effects of expectable flooding.

(2)

For large developments (defined in Section 10-1), a protected species survey as required by Section 10-473.

(3)

If the development is to be constructed in phases or if the Traffic Impact Statement utilized phasing, then a description of the phasing program must be submitted.

(4)

Developments of regional impact. The contents of a complete and sufficient application for development approval (ADA) per F.S. Ch. 380 may substitute for required submittals to the extent they duplicate or exceed the submittal requirements of this chapter.

(c)

Amendments to built Planned Developments (PD). Any part or all of a planned development that is built may be the subject of an application for a variance or other approval covered by this chapter wherein the subject property is the only part of the original planned development that will be affected by the requested approval. The application may include a legal description and sketch of the portion of the overall planned development that will be directly affected by the rezoning request. The application must include a legal description and sketch of the entire planned development boundary.

If the subject property meets the threshold for a Development of County Impact, it will be reviewed in accordance with the provisions in this chapter that apply to Developments of County Impact. If the subject property is not a Development of County Impact, it will be reviewed in accordance with the provisions in this chapter that apply to conventional zoning districts. In either case, the applicant will be the owner of the subject property and the consent of the owners of the remainder of the original planned development will be unnecessary. However, these owners must be given notice of the application and other proceedings as if they were owners of property abutting the subject property regardless of their actual proximity to the subject property.

For the purposes of this subsection, the term "built" means that all of the roads, utilities, buffering, open space, surface water management features and structures, common space, common amenities, common landscaping, gatehouses, entrance signs, entrance ways and other similar items identified as part of the final approved Master Concept Plan have been constructed and acknowledged by the County as complete. In the case of residential planned developments or mixed developments that include residential structures, the term "built" does not mean that all residential structures must have been constructed on individual platted lots.

(d)

Sufficiency.

(1)

Upon initial submission of application information for applications for planned developments, the County will have up to 20 business days to review the application to determine if the required materials, in the required form, have been included in the application or resubmission.

(2)

If the required materials have been properly submitted, the application will be found sufficient for review.

(3)

If the required materials have not been properly submitted or resubmitted, the County must provide the applicant a letter with a brief explanation as to why the application is not complete for review and request the necessary additional information within 20 business days of the date the application is initially submitted or additional information is resubmitted.

(4)

After notice of insufficiency, the applicant has 60 days to submit supplemental or corrected documents, unless a longer time is agreed to in writing by the Director and the applicant prior to the expiration of the 60 days. If the supplement or corrections are not submitted within the 60 days (or other time period agreed to) the application will be deemed withdrawn.

(5)

If the County does not provide the applicant written notice of the insufficiencies within 20 business days of the date the application is initially submitted or additional information resubmitted, the application will be deemed sufficient and ready for substantive review.

(6)

Insufficiency issues not raised during the initial sufficiency review may not serve as the basis for a finding of insufficiency during subsequent rounds of sufficiency review. Notwithstanding, this provision is not intended to restrict new insufficiency comments generated from documents or information submitted by the applicant in response to a prior insufficiency comment.

(7)

A waiver of the time frames may be voluntarily agreed to by the applicant and the County. The County may request, but not require, a waiver of the time frames by an applicant, except that, with respect to a specific application, a waiver may be required in the case of a declared local, State or federal emergency that directly affects the administration of all permitting activities of the County.

(8)

If the applicant has made no less than two bona fide attempts to submit supplemental or corrected documents in response to the County's insufficiency notices and the applicant disputes that additional supplemental documents or information is required, the applicant may submit a written notice seeking to terminate the sufficiency review process. At that time, the County must proceed with its substantive review of the application as it exists on that date. However, if the additional information requested by County staff is needed to find the application consistent with the Code or Lee Plan, the failure to provide the additional information requested may affect the County's ability to find the application consistent with County regulations. Termination of the sufficiency review process will not terminate the need for the applicant to meet its burden to prove that the application is consistent with County regulations.

(9)

Where a proposed planned development is identified by staff as a possible Development of Regional Impact, the applicant will be notified that the application will be deemed sufficient only when accompanied by either a binding letter of interpretation from DCA or a complete and sufficient ADA. Failure by the County to notify the applicant in a timely manner (within 30 days of the application) will nullify any finding of insufficiency based on this requirement. Assuming the application is sufficient in all other respects, staff will commence its review of the planned development. However, there will be no hearing held before the Hearing Examiner until the applicant submits a binding letter of interpretation from DCA or a complete and sufficient ADA.

(LDC 1994, § 34-373; Zoning Ord. 1993, § 804.03(C); Ord. No. 93-14, § 5, 4-21-1993; Ord. No. 93-24, § 19, 9-15-1993; Ord. No. 94-24, § 18, 8-31-1994; Ord. No. 95-07, § 19, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-11, § 5, 6-23-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 02-20, § 5, 6-25-2002; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 05-29, § 3, 12-13-2005; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 08-21, § 3, 9-9-2008; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 13-01, § 6, 2-12-2013; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 17-11, § 1, 9-5-2017; Ord. No. 19-03, § 7, 4-2-2019)

Prior to the public hearing by the Hearing Examiner on an application under this division, the Department may schedule and conduct a conference to facilitate a meeting of the applicant and staff persons from all relevant County, State, sub-state regional and federal agencies and special use districts. The purpose of this meeting is to identify, discuss and resolve various issues and to advise the applicant of staff concerns and potential recommendations. The product of this conference will include the staff's recommendations based upon the original or an amended application, and the applicant's written objections, if any.

(LDC 1994, § 34-375; Zoning Ord. 1993, § 804.03(D); Ord. No. 96-06, § 5, 3-20-1996)

(a)

Summary report.

(1)

After an application is found sufficient and before transmittal of the staff report to the Hearing Examiner, the applicant may provide a report that includes a substantive analysis of the request with copies of documents, studies, plans, or other materials (hereinafter, "materials") for the Hearing Examiner to consider.

(2)

The applicant's report will be transmitted to the Hearing Examiner with the staff report.

(3)

The applicant must submit three complete copies of the report to the staff at least 25 calendar days prior to the scheduled hearing. Staff will include one copy of the report to the Hearing Examiner and one copy to the County Attorney's office with the staff report. The third copy will be retained in the official zoning file. If the materials are not submitted a minimum of 25 calendar days prior to the scheduled hearing, the applicant waives the right to have the materials transmitted to the Hearing Examiner prior to the hearing.

(4)

If the materials include substantive changes to the information submitted with the original application or in response to sufficiency questions asked by staff, staff may withdraw the sufficiency determination and seek a continuance to review the materials.

(b)

Expert testimony information.

(1)

The Director may require an applicant to provide the following information at least 48 hours before the date an expert is expected to testify:

a.

Expert's name, business address and current resume;

b.

A detailed description of the expert's qualifications (or copy of current resume) and the area of expertise;

c.

A copy of the report that serves as the basis of the expert's opinion (if not already submitted with the application or included in the staff report). The report must include:

1.

A brief description of research conducted by the expert to reach the opinion;

2.

A description of the facts, assumptions, and data forming the basis of the opinion; and

3.

The opinion;

d.

Copies of materials relied on in formulating the expert's opinion;

1.

Summary or demonstrative materials do not need to be provided in advance, provided the underlying data or facts are provided;

2.

Citations to the Land Development Code, Lee County Administrative Codes, Florida Statutes, U.S. Code, Florida Administrative Code, or Lee Plan are sufficient to meet this requirement.

(2)

The Director's written request for information must be issued a minimum of 30 days prior to the hearing.

(3)

The expert testimony information may not be submitted to the Hearing Examiner prior to the hearing unless included in the applicant's summary report referenced in Subsection (a) of this section.

(LDC 1994, § 34-376; Zoning Ord. 1993, § 804.03(E); Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 15-15, § 1, 11-17-2015)

(a)

Hearing before Board of County Commissioners.

(1)

After the Hearing Examiner's hearing, an application for a planned development, together with all attendant information, staff reports and the Hearing Examiner minutes and resolution of recommendation, will be forwarded to the Board of County Commissioners. The Board will consider the application in public hearing in accordance with Article II of this chapter. After reviewing all the identified information, the Board of County Commissioners may either:

a.

Continue further consideration until additional information is provided by applicant or staff or until the applicant makes changes in the application, subject to re-review by staff and the Hearing Examiner as required; or

b.

Formally approve, approve with modification, or deny the application.

If the Board of County Commissioners denies the application without prejudice, it may remand the proposal to staff with directions to bring the application back to the Hearing Examiner once the application is amended. If new or additional information, not previously provided to staff or the Hearing Examiner is supplied by the applicant subsequent to the Hearing Examiner hearing the Board of County Commissioners may remand the application to the Hearing Examiner for rehearing.

(2)

The decision of the Board of County Commissioners must be supported by a formal finding, that, in addition to the guidelines set forth in Article II of this chapter, the criteria set forth in Subsection (a)(2) of this section have or have not been satisfied.

(3)

In addition to adopting a Master Concept Plan for the planned development, the Board of County Commissioners may adopt any special conditions necessary to address unique aspects of the subject property in the interest of protecting the public health, safety and welfare. If any recommended special condition is found to be insufficient, the Board of County Commissioners may substitute its own language for such special condition in the final resolution.

(4)

If a schedule of deviations is a part of the planned development application, the Board of County Commissioners may approve, approve with modification, or reject the entire schedule or specific items based upon their finding that each item:

a.

Enhances the achievement of the objectives of the planned development; and

b.

Preserves and promotes the general intent of this chapter to protect the public health, safety and welfare.

(5)

The Board of County Commissioners may require, as a condition of approval of the deviation, that the applicant receive administrative approval of a more specific development plan for each affected development area or parcel. Applications for administrative approval will be processed as administrative amendments in accordance with Section 34-380 of this chapter and may be granted by the Director only upon a finding that public health, safety, and welfare will not be adversely affected by the request.

(6)

If the Board of County Commissioners denies or modifies the requested uses, deviations, or other information shown on the Master Concept Plan, a revised Master Concept Plan must be submitted to the Director reflecting the substance of the approved resolution prior to execution of the resolution. Legible copies of the revised Master Concept Plan must be provided in two sizes, 24 inches by 36 inches, and 11 inches by 17 inches in size.

(7)

No development orders may be issued until the approved resolution has been signed by the chairman.

(8)

An application remanded for further consideration must be brought to hearing before the Hearing Examiner within six months of the date the remand order is rendered. If the application is not brought forward as ordered within six months, it will be deemed withdrawn. Thereafter, the applicant will be required to file a new application for consideration by the Hearing Examiner and the Board.

(LDC 1994, § 34-377; Zoning Ord. 1993, § 804.03(F); Ord. No. 94-24, § 19, 8-31-1994; Ord. No. 95-07, § 20, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 15-15, § 1, 11-17-2015)

(a)

Compliance with applicable regulations. After the adoption of the Master Concept Plan and the conditions and auxiliary documentation that govern it, any and all development and subsequent use of land, water and structures within the planned development must be in compliance with the following, in order of precedence:

(1)

The Lee Plan.

(2)

Divisions 1 through 3 of this article.

(3)

The Master Concept Plan and attendant conditions and auxiliary documentation.

(4)

Applicable County development regulations in force at the time of submission of the application for a development order.

(5)

The general provisions of this chapter, unless otherwise excepted by an approved schedule of deviations.

(b)

Applicability of development regulations. The Master Concept Plan (see Section 34-373(a)(6)) is conceptual only, and development pursuant to the Master Concept Plan is subject to all development regulations established to protect health, safety and welfare that are in force at the time of submission of the application for a development order. This section must be interpreted and applied such that no approved use will be vested as to density or intensity unless the proposed density or intensity is specifically reviewed and approved during the planned development process.

(c)

Recording of notice. The Department must record a notice of Master Concept Plan approval in the official records of the County. The notice should include a statement which explains that the Master Concept Plan approval is an encumbrance on the real estate described in the plan.

(d)

Prohibitions.

(1)

The introduction of a use of land or water not provided for on the Master Concept Plan or attendant documentation thereto.

(2)

Creation of a development parcel or outparcel not specified on the Master Concept Plan.

(3)

No development parcel or outparcel may be created that is not of sufficient size and configuration to support the principal use proposed together with all accessory land and water uses, such as open space, parking, surface water management and the like, or that does not have permanent and irrevocable rights to such space or use on adjacent and abutting property.

(e)

Approval to run with the land. The terms and conditions of the zoning approval (other than the Master Concept Plan as set forth in Section 34-381) run with the land and remain effective in perpetuity or until a new zoning action is approved by the Board of County Commissioners. All developments must remain in compliance with the terms and conditions of the zoning approval.

(f)

Noncompliance. If the County discovers noncompliance with the regulations or the Master Concept Plan and its attachments, the County may withhold any permit, certificate or license to construct, occupy or use any part of the planned development. This will not be construed to injure the rights of tenants of previously completed and properly occupied phases.

(g)

Access points. Access points (e.g., driveways) directly onto the County street system must be in substantial compliance with the approved MCP. Turning movements other than right-in, right-out at approved locations shown on the MCP, median openings and traffic control devices depicted on a MCP are not guaranteed or vested.

Approval for construction of access points, median openings, turning movements and traffic control devices (e.g., traffic lights) is reserved to the County. County approval will be based upon facts and circumstances applicable to the request at the time the application for development or permit approval is submitted.

(LDC 1994, § 34-378; Zoning Ord. 1993, § 804.03(G); Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 03-16, § 6, 6-24-2003)

All terms, conditions, safeguards and stipulations made at the time of the approval of a Master Concept Plan are binding upon the applicant or any successor in title or interest to all or part of the planned development. Departure from the approved plans or failure to comply with any requirement, condition or safeguard constitutes a violation of this chapter.

(LDC 1994, § 34-379; Zoning Ord. 1993, § 804.03(H); Ord. No. 96-06, § 5, 3-20-1996)

(a)

Amendments to an approved Master Concept Plan or its attendant documentation may be requested at any time during the development of or useful life of a planned development.

(b)

The Director may administratively approve an amendment to a planned development in accordance with Section 34-174.

(c)

Proposed amendments to an approved planned development for the use of Greater Pine Island TDUs are subject to Sections 2-147 and 2-152.

(d)

If a proposed amendment to an approved planned development would, if taken by itself, constitute a major planned development (Development of County Impact, see Section 34-341(b)(1)), then the application to amend must proceed as a new and separate major planned development.

(e)

All other requests for amendments to a Master Concept Plan or its auxiliary documentation will be treated procedurally as minor planned developments, but with application information and materials specified by Section 34-373(a).

(f)

Notice of an amendment to a Master Concept Plan must be recorded in the same manner as the approved Master Concept Plan itself.

(g)

An updated Master Concept Plan of the entire planned development boundary must be submitted for attachment to the resolution adopting the amendment. This is required whether or not the amendment will affect the entire planned development project or just one parcel.

(LDC 1994, § 34-380; Zoning Ord. 1993, § 804.03(I); Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 13-01, § 6, 2-12-2013; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 16-09, § 4, 4-5-2016; Ord. No. 19-03, § 7, 4-2-2019)

Development rights conferred by an approved planned development, including Zoning Resolution and Master Concept Plan, will remain valid until vacated by operation of State law or in accordance with Chapter XIII, (Procedures and Administration), of the Lee Plan, as amended. The duration of approved planned developments issued for mining excavation are subject to Chapter 12. Planned development approvals issued for mining excavation before September 1, 2008, are subject to Sections 12-109 and 12-121.

(LDC 1994, § 34-381; Zoning Ord. 1993, § 804.03(J); Ord. No. 94-24, § 23, 8-31-1994; Ord. No. 95-07, § 21, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-28, § 5, 12-8-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 08-21, § 3, 9-9-2008; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 13-01, § 6, 2-12-2013)

Editor's note— The amendment to the duration of approved planned developments applies retroactively to all Master Concept Plans. See Ordinance No. 13-01, § 10, adopted February 12, 2013.

(a)

All planned developments must be consistent with the provisions of the Lee Plan.

(b)

All planned developments must be designed and constructed in accordance with the provisions of all applicable County development regulations in force at that time. Deviations from the general provisions of this chapter may be permitted if requested as part of the application for a planned development in accordance with Section 34-373(a)(9) and approved by the Board of County Commissioners based on the findings established in Section 34-377(a)(4). Pursuant to Section 34-373(a)(10) the establishment of property development regulations for planned developments does not require deviations from Articles VI and VII of this chapter. Amendments to approved Master Concept Plans may be reviewed pursuant to Section 34-380.

(c)

The tract or parcel proposed for development under this article must be located so as to minimize the negative effects of the resulting land uses on surrounding properties and the public interest generally, and must be of such size, configuration and dimension as to adequately accommodate the proposed structures, all required open space, including private recreational facilities and parkland, bikeways, pedestrian ways, buffers, parking, access, on-site utilities, including wet or dry runoff retention, and reservations of environmentally sensitive land or water.

(d)

All planned developments must have access to existing or proposed roads. Access must comply with the requirements of Chapter 10 and be located so that site-related industrial traffic does not travel through predominantly residential areas.

(e)

If within the LeeTran public transit service area, the development shall be designed to facilitate the use of the transit system.

(f)

Development and subsequent use of the planned development shall not create or increase hazards to persons or property, whether on or off the site, by increasing the probability or degree of flood, erosion or other danger, nor shall it impose a nuisance on surrounding land uses or the public's interest generally through emissions of noise, glare, dust, odor, air or water pollutants.

(g)

Every effort shall be made in the planning, design and execution of a planned development to protect, preserve or to not unnecessarily destroy or alter natural, historic or archaeological features of the site, particularly mature native trees and other threatened or endangered native vegetation. Alteration of the vegetation or topography that unnecessarily disrupts the surface water or groundwater hydrology, increases erosion of the land, or destroys significant wildlife habitat is prohibited. That habitat is significant that is critical for the survival of rare, threatened or endangered species of flora or fauna.

(h)

A fundamental principle of planned development design is the creative use of the open space requirement to produce an architecturally integrated human environment. This shall be coordinated with the achievement of other goals, e.g., the preservation or conservation of environmentally sensitive land and waters or archaeological sites.

(i)

Site planning and design shall minimize any negative impacts of the planned development on surrounding land and land uses.

(j)

Where a proposed planned development is surrounded by existing development or land use with which it is compatible and of an equivalent intensity of use, the design emphasis shall be on the integration of this development with the existing development, in a manner consistent with current regulation.

(k)

Where the proposed planned development is surrounded by existing development or land use with which it is not compatible or which is of a significant higher or lower intensity of use (plus or minus ten percent of the gross floor area per acre if a commercial or industrial land use, or plus or minus 20 percent of the residential density), or is surrounded by undeveloped land or water, the design emphasis will be to separate and mutually protect the planned development and its environs.

(l)

In large residential or commercial planned developments, the site planner is encouraged to create subunits, neighborhoods or internal communities which promote pedestrian activity and community interaction.

(m)

In order to enhance the viability and value of the resulting development, the designer shall ensure the internal buffering and separation of potentially conflicting uses within the planned development.

(n)

Density or type of use, height and bulk of buildings and other parameters of intensity should vary systematically throughout the planned development. This is intended to permit the location of intense or obnoxious uses away from incompatible land uses at the planned development's perimeter, or, conversely, to permit the concentration of intensity where it is desirable, e.g., on a major road frontage or at an intersection.

(o)

Minimum parking and loading requirements are set forth in Article VII, Divisions 25 and 26 of this chapter. Where land uses are generators of occasional peak demand for parking space, a portion of the required parking may be pervious or semi-pervious surfaces, subject to the condition that the parking area is constructed and maintained so as to prevent erosion of soil. In all cases, sufficient parking must be provided to prevent the spilling over of parking demand onto adjacent properties or rights-of-way at times of peak demand.

(p)

Internal consistency through sign control, architectural controls, uniform planting schedules and other similar controls is encouraged.

(LDC 1994, § 34-411; Zoning Ord. 1993, § 804.02(A); Ord. No. 95-12, § 8, 7-12-1995; Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 17-11, § 1, 9-5-2017; Ord. No. 19-03, § 7, 4-2-2019)

Density or intensity of use permitted in any planned development shall be determined on a case-by-case basis in accordance with the following:

(1)

The range of density or the uses permitted or encouraged under the Lee Plan at that location;

(2)

The availability of adequate capacity of all public facilities and services (in order of precedence, roads, water, sewer, surface water management, public safety, schools and other public services);

(3)

The level of public services to be provided by the development; and

(4)

The nature of and the density and intensity of existing development surrounding the project.

In no case, however, shall the density of a planned development be permitted to exceed six units per acre in areas designated as rural or open lands by the Lee Plan.

(LDC 1994, § 34-413; Zoning Ord. 1993, § 804.02(B))

(a)

For the purpose of calculating requirements for planned developments, the term "open space" means:

(1)

Open space has the meaning given such term in Chapter 10.

(2)

Common open space means open space that is physically accessible to all residents of the development.

(3)

Private open space means open space that is physically separated from the common open space and is accessible primarily from a building or unit to which it is appurtenant.

(b)

Open space should be reasonably accessible to all dwelling units.

(c)

Each lot, tract or outparcel must meet or exceed the minimum open space percentage and size requirements of Chapter 10. The minimum amount of open space for the total development area may be no less than the minimum percentage required in Chapter 10 for large projects, including indigenous vegetation preservation. A request may be made to assign minimum open space percentages to individual lots, tracts or outparcels that are different than those required by the Chapter 10, provided that:

(1)

The sum of open space allocated to the individual lots, tracts, or outparcels may be no less than the minimum percentage required in Chapter 10 for the entire development area, including indigenous vegetation preservation.

(2)

An open space table must be inserted as part of the Master Concept Plan or mine site plan set that indicates the minimum amount of open space which each lot, tract or outparcel will provide.

(3)

Open space areas must meet at a minimum the dimensional size requirements for open space as set forth for small or large projects, as applicable, in Chapter 10.

(4)

No lot, tract or outparcel may provide less than ten percent open space.

All such requests must be approved by the Board of County Commissioners as part of the planned development rezoning.

(d)

Unimproved open space, e.g., reserved conservation or preservation areas such as wetlands (see the County Comprehensive Plan adopted in Article V of this chapter, as amended, or as further amended, renumbered or replaced), must be committed at the completion of the first phase.

(e)

With respect to design standards applicable to mine excavation planned developments, the standards set forth in Chapter 12 control.

(LDC 1994, § 34-414; Zoning Ord. 1993, § 804.02(C); Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 08-21, § 3, 9-9-2008)

(a)

If, at the time of rezoning or final plan review, a proposed planned development is found to require the creation, enlargement or extension of any road or street, any public utility system or other public service provision:

(1)

Notwithstanding concept plan approval, no permits for occupancy or use of the development, or phase thereof, shall be issued until such additional infrastructure is in place, or the service is available;

(2)

The developer shall make provisions acceptable to the appropriate agency, utility or other service provider for offsetting any incremental increase in net cost of or premature and unprogrammed commitment of capital necessitated by the act or timing of the development; or

(3)

The developer shall provide the necessary capital facilities and services in such a manner as to ensure their continuous operation and maintenance for the near and long term, in accordance with the standards set by the appropriate local, regional, State and federal agencies.

(b)

The requirements set forth in Subsection (a) of this section shall be subject to credits or additional conditions as specified in other County ordinances.

(c)

Each and every planned development approved after, December 3, 1990, and all previous planned developments with resolutions containing a condition requiring payment of road impact fees, are subject to the following standard: If Chapter 2, Article VI, Division 2, pertaining to road impact fees, is ever repealed or rescinded or otherwise becomes of no force and effect, the developer or property owner or successor of the developer or property owner must pay an amount of road impact fees equivalent to that required by Chapter 2, Article VI, Division 2, or the specific amount of mitigation required by the resolution, or provide alternative mitigation acceptable to the Director. The amount of the fee will be determined as of the date Chapter 2, Article VI, Division 2 is repealed or rescinded or otherwise becomes of no force and effect.

(LDC 1994, § 34-415; Zoning Ord. 1993, § 804.02(D); Ord. No. 00-14, § 5, 6-27-2000)