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
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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
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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
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Legend
- Colonial 70 PUD ORD 3550
City Boundary
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N Map for reference only and is not a Survey. The City of
WA�E Fort Myers makes no claims or guarantees about the
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this map, and expressly disclaims liability for errors and
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Source: City of Fort Myers - GIS