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HomeMy WebLinkAboutOrdinance - City Council - Regular - 3550 - 5/3/2010ORDINANCE NO. 3550 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, AMENDING ORDINANCE NO. 3346, A PLANNED UNIT DEVELOPMENT KNOWN AS COLONIAL 70, LOCATED ON VACANT PROPERTY IDENTIFIED AS STRAP NO. 05-45-25-P2-00063.0000 AND STRAP NO. 05-45-25-P2-00061.0000; BY EXTENDING THE TIMEFRAMES TO COMMENCE AND COMPLETE CONSTRUCTION BY TWO YEARS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Southwest Florida Everglades, LLC, owner, submitted an application in 2006 for a planned unit development for a project known as Colonial 70 Planned Unit Development located on vacant property identified as STRAP No. 05-45-25-P2-00063.0000 and STRAP No.05-45-25-P2-00061.0000 south of Colonial Boulevard, adjacent and east of McGregor Baptist Church, east of Camino Real Way, and adjacent and west of Heritage Palms Golf and County Club, which was approved by Ordinance No. 3346 adopted by City Council on September 5, 2006, to allow construction of seven hundred sixty (760) units in multi -family buildings of four stories or less, on 69.4 acres, more or less; and which rezoned the property to Planned Unit Development; and WHEREAS: Southwest Florida Everglades, LLC, owner, requested an amendment in 2009 to Colonial 70 Planned Unit Development for an additional two (2) year extension of the commencement and completion dates. The commencement date will be extended from September 5, 2009, to September 5, 2011; and the completion date will be extended from September 5, 2011, to September 5, 2013; and WHEREAS: City Council approved Resolution No. 2009-35 on September 21, 2009, adopting policies and procedures for two (2) year extensions of development orders and permits pursuant to Senate ORDINANCE NO. 3550 Bill360 Community Renewal Act, including an administrative fee structure to implement a statutory extension; and WHEREAS: The Planning Board, sitting as the Local Planning Agency of the City of Fort Myers, considered an amendment to Ordinance No. 3346 for Colonial 70 Planned Unit Development for a two (2) year time extension from what was approved in Ordinance No. 3346; considered the request for consistency with Senate Bill360, City Resolution No.2009-35 providing the Process to Apply for Senate Bill360 Time Extension, 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 February 3, 2010, with fifteen (15) 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; and WHEREAS: The two (2) vacant parcels with STRAP Nos. 05-45-25-P2-00063.0000 and 05-45-25-P2-00061.0000, located in Section 5, Township 45 South, Range 25 East, for which planned unit development was granted, is described as follows: The West 1 /2 of the Northwest 1 /4 of Section 5, Township 45 South, Range 25 East, Lee County, Florida. LESS AND EXCEPT: A tract or parcel of land situated in the State of Florida, County of Lee, being the east 100.00 feet and the south 150.00 feet of the West Half of the Northeast Quarter of Section 5, Township 45 South, Range 25 East (said West Half of the Northeast Quarter described in Official Records Book 1296 at Page 0847, Public Records of said Lee County), being further bound and described as follows: Beginning at the northeast corner of said West Half of the Northeast Quarter of Section 5; thence S88047'24' W along the north line of said fraction for 100.02 feet; thence S00°01' 17' W parallel with and 100 feet west of (as measured on a perpendicular) the east line of said fraction for 2,485.02 feet; thence S88°33'05' W parallel with and 150.00 feet north of (as measured on a perpendicular) the 2 ORDINANCE NO. 3550 south line of said fraction for 1,209.68 feet to the west line of said fraction; thence S00° 14'53"E along said west line for 150.03 feet to the southwest corner of said fraction; thence N88033'05"E along the south line of said fraction for 1,309.01 feet to the southeast corner of said fraction; thence N00'01' 17"E along the east line of fraction for 2634.66 feet to the point of beginning. Assumed north based on the north line of the West Half of the Northeast Quarter of Section 5, Township 45 South, Range 25 East as bearing S88°47'24' W. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION I. Ordinance No. 3346, Section 5, subsection p., pertaining to the timeframes for commencement and completion of construction is amended to read as follows: (p) The Planned Unit Development for Colonial70 shall be effective upon approval and construction shall commence within five (5) years or by September 5, 2011, and be completed within seven (7) years or by September 5, 2013. If for any reason, the Developer is not able to meet the timeframes set forth above, the Developer must, not later than ninety (90) days or by June 15, 2011, and prior to the expiration of any of the timeframes set forth above, provide written notice to the City indicating its anticipated failure to meet the timeframes and provide a detailed explanation of the reason. The City shall determine whether an extension of the timeframe is warranted. SECTION 2. All other previous terms, conditions, and deviations of Ordinance No. 3346 remain in full force and effect and shall be binding on the applicant, its successors or assigns. SECTION 3. Failure to comply with the terms and conditions of this Planned Unit Development Ordinance may result in the cancellation of the development approval after appropriate notice and 3 ORDINANCE NO. 3550 opportunity to respond in a public meeting to allegations of non-compliance is given to the property owner, and the planned unit development approval may become null and void. The applicant shall be notified in writing of the date of the public hearing to be held by City Council and be given an opportunity to respond at all public hearings. SECTION 4. A notice of public hearing was published in a newspaper of general circulation in accordance with the law. SECTION 5. Severability. If for any reason any provision, paragraph, word, section or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION 6. This ordinance shall become effective immediately upon adoption. 4 ORDINANCE NO. 3550 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this 3rd day of May, A.D., 2010. p.m. 2010. Aye Teresa Watkins Bro 1 Aye �7/r Jo y Streets, \r. Aye Aye I I NN,:S;.---- Michael PlarldersM Aye Forrest Banks 01 Aye Thomas C. Leonardo Council Members APPROVED this 3rd day of May, A.D., 2010, at 5:22 o'clock Aye Randall P. Henderson, Jr. Mayor FILED in the Office of the City Clerk this 3rd day of May, A.D., 5 �1 L( Marie Adams, MMC City Clerk ORDINANCE NO. 3550 Item Location45 cm-w wee' Colonial 70 PUD ORD 3550 4050/4052 A ME�'RIF '� p5 w IELD �4 w h M 1 GO O SEABROOK 428� O M a e C O 3800 �820 z 0 QUEEN PALM o a r. 10400-430 95 G4' PG G QUEEN PALM w 0 a .a w Ix 0 m fo 1?0 O o vim, o r� CAROUSEL .wa cVJ1NE'EALM O tx Oq �O p� 10400-430 00 O� ti Legend - Colonial 70 PUD ORD 3550 City Boundary 0 750 1500 Feet N Map for reference only and is not a Survey. The City of WA�E 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 S omissions. Source: City of Fort Myers - GIS