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HomeMy WebLinkAboutResolution - City Council - Regular - 2016-25 - 9/6/2016RESOLUTION NO. 2016-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, AMENDING RESOLUTION NO.2014-24, THE DEVELOPMENT ORDER FOR THE FORUM DEVELOPMENT OF REGIONAL IMPACT, LOCATED EAST OF INTERSTATE 75 AND NORTH OF COLONIAL BOULEVARD IN SECTIONS 22, 26 AND 27, TOWNSHIP 44 SOUTH, AND RANGE 25 EAST; BY EXTENDING THE DATE FOR BUILDOUT, AND EXPIRATION PROVIDED HEREIN; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: Pursuant to Section 380.06 of the Florida Statutes, the City Council of the City of Fort Myers adopted Resolution No. 88-28 on July 18, 1988, as requested by Daniel F. Adams, owner, in the Application for Development Approval for Omni Interstate Park, and amended by Resolution Nos. 90-46, 97-54, and 2001-65 and renamed and amended by Resolution No. 2002-56 adopted on November 18, 2002, changing the name to The Forum, a Development of Regional Impact (the "project"); and WHEREAS: The City Council of the City of Fort Myers, on June 20, 1988, took into full consideration the report and recommendation of the Southwest Florida Regional Planning Council, the City of Fort Myers Planning Board, the City staff and the documents and comments made at the public hearing and found: a) the project and property previously known as Omni Interstate Park, now known as The Forum, are fully and accurately described in the Application for Development Approval, on file in the Office of the City Clerk; b) the application is in conformance with Chapter 380, Florida Statutes; c) the proposed development is not in an Area of Critical State Concern, pursuant to Chapter 380, Florida Statutes; d) the proposed development is consistent with the Comprehensive Plan of the City of Fort Myers; e) the proposed development is consistent with local land development regulations, and, together with the conditions set forth below, with the RESOLUTION NO. 2016-25 report and recommendations of the Southwest Florida Regional Planning Council; and WHEREAS: Subject to the terms and conditions of the Development Order adopted by Resolution No. 2002-56, the developer is authorized to construct 762 dwelling units plus 100,000 square feet of office space, 100,000 square feet of industrial space, 425,000 square feet of retail space, and 102 hotel rooms on 706.3 acres as shown on Map H, attached as Exhibit B; and WHEREAS: The Master Developer AGB, LLC of Florida, a Florida Limited Liability Company, of The Forum submitted a Substantial Deviation Application to amend the Development Order, which was adopted on August 14, 2006 by Resolution No. 2006-37, repealing Resolution No.2002-56 and all prior resolutions pertaining to the Development Order for The Forum Development of Regional Impact; amending Map H that guides the location of development to show the maximum number of units approved was revised from 762 dwelling units to 1,252 dwelling units, (402 single family detached and 850 multi -family, including townhomes); amending the square footage of office from 100,000 square feet to 756,040 square feet (not to exceed 420,000 square feet of medical office, amending the square footage of retail from 425,000 square feet to 1,272,824 square feet, and amending the number of hotel rooms from 102 to 552 that can be constructed; and WHEREAS: Between 2008 and 2014, City Council considered and approved two requests for timeframe extensions for the final build out date in Resolution Nos. 2008-14 and 2012-16, and one amended and restated Resolution 2014-24, with a resulting amended build out date of December 31, 2019, for The Forum Development of Regional Impact, without any changes to Map H; and RESOLUTION NO. 2016-25 WHEREAS: The Champion Development Corporation, owner of 20 vacant parcels in The Forum Development of Regional Impact, amended the Development Order to add a revised conversion table in order to be able to convert unused square footage for office uses to multi -family residential units, which would allow the expansion of the assisted living facility located at The Forum; such amendment causing no change to Map H attached as Exhibit B; such changes were made by the adoption of Resolution No. 2014-24 by City Council on September 2, 2014; and WHEREAS: On January 4, 2016, the City Council adopted Resolution No. 2016-1 approving a timeframe extension of eight (8) months of the buildout and expiration dates, pursuant to Executive Order Number 15-173 declaring a State of Emergency throughout the State due to Tropical Storm Erika; to extend the project buildout date from December 31, 2019, to August 1, 2020, and to extend the project termination date from December 31, 2020, to August 31, 2021; and the Forum Development of Regional Impact has been determined to be entitled to the statutory extension authorized by Florida Statutes, Section 252.363; and WHEREAS: On February 3, 2016, the Governor issued Executive Order Number 16-30 declaring a State of Emergency due to severe weather and heavy rainfall, said State of Emergency being extended in Lee County and other specified counties by Executive Order Number 16-30, and WHEREAS: The State of Emergency declared by Executive Order Number 16-30 issued by the Governor, and as extended by Executive Order Numbers 16-43 and 16-64, issued on February 18, 2016, and March 4, 2016, respectively, and will expire on September 19, 3 RESOLUTION NO. 2016-25 2016, having been in effect for six (6) months and forty-five (45) days; and WHEREAS: On February 26, 2016, the Governor issued Executive Order Number 16-59 declaring a State of Emergency due to release of flood waters from Lake Okeechobee to the St. Lucie and Caloosahatchee Rivers and estuaries due to heavy rainfall, said State of Emergency being extended in Lee County and other specified counties by Executive Order Number 16-59, and WHEREAS: The State of Emergency declared by Executive Order Number 16-59 issued by the Governor will expire on September 12, 2016, having been in effect for six (6) months and fifteen (15) days; and WHEREAS: Florida Statutes, Section 252.363, requires the holder of any permit or authorization eligible for tolling and extension to submit a written notice to the governing authority within ninety (90) days of the expiration of the State of Emergency, declaring the holder's intent to exercise the tolling and extension authorized by Section 252.363; and WHEREAS: Neale Montgomery, Esq., agent, representing Champion Development Corporation, owner, requested amendments to the Arborwood Development of Regional Impact for an extension of the commencement and completion dates consistent with Chapter 2011-142, 252.63 Florida Statutes, and Executive Orders 16-30, 16-43, 16-59, and 16-64, to extend the project buildout date from August 31, 2020, to December 14, 2021, and to extend the project expiration date from August 31, 2021, to December 14, 2022; and 11 RESOLUTION NO. 2016-25 WHEREAS: The modifications contained herein do not constitute a substantial deviation, and a Notice of Proposed Change under Section 380, Florida Statutes, is not required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION 1. The Forum Development of Regional Impact (DRI) is amended to extend the project buildout and termination dates by one (1) year and 105 days. The DRI is located east of Interstate No. 75 and north of Colonial Boulevard in Sections 22, 26 and 27, Township 44 South, Range 25 East, as depicted on the location map attached as Exhibit "A"; development on the site shall be in accordance with "Map H" of the DRI attached as Exhibit "B"; and the legal description is attached as Exhibit "C". SECTION 2. The Planning Board sitting as the Local Planning Agency of the City of Fort Myers considered the consistency of the amendment request for the Forum Development of Regional Impact with the City Comprehensive Plan and the Land Development Code, Section 98.2.2, and made a recommendation of approval to the City Council, after conducting a public hearing on July 6, 2016, with fifteen days public notice having been provided to obtain public comment, and considered all written and oral comments received during the public hearing including support documents. SECTION 3. The most recent amendments to the Development Order for the Forum Development of Regional Impact were adopted by City Council on September- 22014, by Resolution 2014 24 February 16, 2016, by Resolution No. 2016-3, and are further amended by this resolution for Section E. Transportation, numbers 1 and 5; and Section O. Legal Effect and Limitations of this Development Order and Administrative Requirements, number 8, as follows: 5 RESOLUTION NO. 2016-25 E. TRANSPORTATION 1. The Forum DRI buildout date is ugust31, 2021 December 14, 2021. The cumulative (previously approved Phase 1 and buildout) traffic impact assessment, upon which this Forum DRI assessment is based, assumed expected Project buildout by December 31, 2012, and included the expected cumulative impacts from the proposed development described in paragraph A.2.a. The cumulative buildout development parameters are anticipated to be built between effective date of this ordinance and 2-020 2021. 5. The Development, subject to all development parameters set forth in Condition A.2.a., shall be vested for transportation concurrency to the extent set forth in this Section E. (Transportation) Condition 8., below, for the life of all building permits and site work approvals issued prior to August 31, 2020 December 14, 2021, provided that the Master Developer mitigates the Development's overall traffic impacts through the scheduled payment of the proportionate share obligation of $29,091,000.00. The details of this payment are established in a Local Government Development Agreement executed pursuant to Section 163.3220, Florida Statutes, as it may be amended. The Development Agreement includes a combination of scheduled payments of cash, roads impact fees, credits for prior mitigation, right-of-way dedication, and other improvements and contributions by the Developer. The Development Agreement incorporates the schedule for the required improvements and cash payments set forth in this Resolution. The draft of the Development Agreement was submitted to the City by the Master Developer within 30 days of the effective date of Resolution No. 2006-37 of August 14, 2006, and scheduled for review and approval by City Council within 120 days of the Development Agreement submittal. The Master Developer shall not be in violation of 0 RESOLUTION NO. 2016-25 this DRI development order condition if the delay in execution is primarily the responsibility of the City or if the delay occurs due to extended review caused by the City. The Development Agreement will recognize the following credits against the proportionate share obligation identified above: O. LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS 8. The deadline for commencing physical development under this Development Order was five (5) years from the date of adoption of the initial DRI Order, and this deadline was met. The buildout date shall be August-31, 2020 December 14, 2021. This Development Order shall otherwise terminate on August 31, 2021 December 14, 2022. An extension of time can be obtained in accordance with the requirements of Section 380.06(19), Florida Statutes, as it may be amended. For the process of determining when the buildout date has been exceeded, the time shall be tolled during the pendency of administrative and judicial proceedings relating to development permits. SECTION 4. Resolution Remains in Full Affect. Resolution No 2014-24 remains in full affect except for those portions referring to time frames in this resolution and listed in Section 3 above. SECTION 5. Severability. If for any reason any section, subsection, paragraph, or part of this resolution shall be held invalid or destroy any other section, subsection, paragraph, or part of this resolution then the remaining portions thereof shall remain in full force and effect without regard to the section, subsection, paragraph, or part invalidated. SECTION 6. All terms, conditions and deviations of Resolution No. 2014-24, and as amended by this resolution, shall be binding on the applicant, their successors or assigns. 7 RESOLUTION NO. 2016-25 SECTION 7. A notice of public hearing was published in a newspaper of general circulation in accordance with the law. SECTIONS. Effective Date. This resolution shall become effective immediately upon passage. RESOLUTION NO. 2 016 - 2 5 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this 6th day of September, A.D., 2016. P, Teresa Watkins Brown J�� Aye V L` Joh ny Streets, Jr. Aye � Terolyn atsop,I Aye If 1 Michael,Fjanders i Aye // ��l/ i ✓'' — Forr st Bank' Aye � . j- CAIV H. Anthony ncil Members APPROVED this 6th day of September, A.D., 2016, at 5.52 o'clock p.m. Ate_ Randall P. Henderson, Yr. Mayor FILED in the Office of the City Clerk this 6th day of September, A.D., 2016. Attei dwA"" Marie Adams, MMC City Clerk 9 RESOLUTION NO. 2016-25 EXHIBIT "A" Location Map City of Fort Myers A,o� i�ra Location Map: Forum DRI Case No.15-DRI-05i;` Legend a N City Boundary dItem Location 0 Parcel Lines N W+E S 0 500 1,000 2,000 1 1 1 1 1 1 1 1 1 Feet Date: 10/20/2015 }dap for reference only and is not a Survey. The City of Fort Myers makes no Claims or guarantees about the accuracy or currency of the information contained on this map. and expressly disclaims liability for errors and omissions. Source. City of Fort Mvers • GIS RESOLUTION NO. 2016-25 EXHIBIT "B" Map H 24 A( 23 i7s AC Ac r 12 22 wS M Ac. cpf, SPACEI-AKE 13 14 VC IK bov I 4r, AC ..,t hir, GHWV,.. to '04*11" PFAEV-IK 21 hr 4 , 4 ^C Ax.l c"Cl. -VT, 74.13 A WFCL -m 7 11e K. ftly VIM -alu_ NVMKI. IA) 24 14C to 210 11A 22A 1 ML P, 3 11"IM, WA, 61 wAa J. 2 Too Mi. '19 LAND USE PAP-A&AF.7EFtS ry %leami Piv "'.XG 9 DIM -Qws'm� I) �WA feux.1- '02 a SOL. V^ /AcI limew %r MASTER LAND LISF PLAN MAP W IRE FOOL M rITZIP ENGINEERING14 'A 1 RESOLUTION NO. 2016-25 EXHIBIT "C" LEGAL DESCRIPTION THE FORUM IN SECTIONS 22, 26 AND 27 TOWNSHIP 44 SOUTH, RANGE 25 EAST CITY OF FORT MYERS, LEE COUNTY, FLORIDA All that part of Section 22, Township 44 South, Range 25 East lying southwesterly of Immokalee Road (State Road 82) and easterly and southerly of Interstate 75 (State Road 93); and All that part of the West Half (W '/2) of the Northwest Quarter (NW '/4) Section 26, Township 44 South, Range 25 East lying northwesterly of Six Mile Cypress as described in deed recorded in Official Record Book 1608 at Page 24 and northwesterly of Audubon Tract as described in Official Record Book 1119 at Page 1031, Lee County records; and All that part of Section 27, Township 44 South, Range 25 East lying easterly of Interstate 75 (State Road 93), northerly of Colonial Boulevard (State Road 884) and northerly and northwesterly of Six Mile Cypress as described in deed recorded in Official Record Book 1608 at Page 24, Lee County records. Containing 706.3 acres, more or less (from Resolution No. 88-28).