HomeMy WebLinkAboutOrdinance - City Council - Regular - 3664 - 4/15/2013ORDINANCE NO. 3664
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, AMENDING ORDINANCE
NO.3204, REFLECTION ISLES PLANNED UNIT
DEVELOPMENT, 11450 REFLECTION ISLES BOULEVARD,
IN SECTIONS 3 AND 10, TOWNSHIP 45 SOUTH, RANGE 25
EAST, BY RENAMING TO REFLECTION ISLES PLANNED
UNIT DEVELOPMENT AND EXTENDING THE EXPIRATION
DATE BY 510 DAYS FROM JUNE 7, 2014, TO
NOVEMBER 7, 2015; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS: Worthington Holdings, LLC submitted an application
for a planned unit development in 2004 for development of a residential
community known as Palomino Estates located on a tract of land
consisting of 287.93 acres, more or less shown on Exhibit A attached
and made a part hereof. The project consisted generally of 700 dwelling
units, a club house/recreational center and a neighborhood park. The
project was to be a phased development with an expected project build
out of ten (10) years and by June 7, 2014.
WHEREAS: Building commenced in 2005 and approximately
one-half of the units were completed; and
WHEREAS: Lennar Homes, LLC, the owner of record in 2012 of
the undeveloped lots, submitted an application for the statutory
extension of the expiration date of Palomino Estates Planned Unit
Development; and
WHEREAS: The Governor of the State of Florida signed Senate
Bill 2106 into law on June 14, 2011, thereafter becoming
Chapter 2011-142, Laws of Florida, hereinafter Chapter 2011-142; and
WHEREAS: Chapter 2011-142 provides, among other things,
for the creation of Section 252.363, Florida Statutes, pertaining to the
tolling and extension of buildout and expiration dates for projects that
are currently valid planned unit developments; and
ORDINANCE NO. 3664
WHEREAS: Section 252.363, Florida Statutes, as adopted by
Chapter 2011-142, tolls the running of the buildout and expiration
periods for planned unit developments for the duration of a declaration of
a State of Emergency by the Governor, and further provides for a six
month extension of the buildout and expiration periods in addition to the
tolled period; and
WHEREAS: On June 25, 2012, the Governor issued Executive
Order Number 12-140 declaring a State of Emergency throughout the
State due to Tropical Storm Debby, said State of Emergency being
extended in Lee County and other specified counties by Executive Order
Number 12-192 on August 20, 2012, and
WHEREAS: The State of Emergency declared by Executive
Order Number 12-140 and Number 12-192 issued by the Governor
expired on September 19, 2012, having been in effect for 86 days; and
WHEREAS: On August 25, 2012, the Governor issued Executive
Order Number 12-199 declaring a State of Emergency throughout the
State due to Tropical Storm Isaac; and
WHEREAS: The State of Emergency declared by Executive
Order Number 12-199 issued by the Governor expired on October 24,
2012, having been in effect for 60 days; and
WHEREAS: Section 252.363, Florida Statutes, 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: Lennar Homes, LLC, owner, requested amendments
to the Palomino Estates Planned Unit Development for an extension of
the expiration date consistent with Chapter 2011-142, Section 252.363,
Florida Statutes, and Executive Order Nos. 12-140, 12-192 and 12-199
OA
ORDINANCE NO. 3664
to extend the expiration of the planned unit development from June 7,
2014, to November 7, 2015; and
WHEREAS: The Palomino Isles Planned Unit Development has
been determined to be entitled to the statutory extension authorized by
Section 252.363, Florida Statutes, in the total amount of 510 days, as
requested by Lennar Homes, LLC; and
WHEREAS: The Planning Board, sitting as the Local Planning
Agency of the City of Fort Myers, considered a request to amend the
Palomino Estates Planned Unit Development for a time extension;
considered the request for consistency with the 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 6, 2013, 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 property for the Palomino Estates Planned Unit
Development is located in Sections 3 and 10, Township 45 South,
Range 25 East, being further described as follows:
Beginning at the northwest corner of Section 10,
Township 45 South, Range 25 east; thence S 00°48'34" E
along the west line of said Section 10 for 2,643.88 feet;
thence N 89°29'50" E along the east -west quarter section
line of said Section 10 for 2,616.97 feet to the center of said
Section 10; thence continue N 89°29'50" E along said
east -west quarter section line for 1,497.40 feet to a point on
the westerly right-of-way line of Interstate 75 (I-75), said
point being on a non tangent curve to the left, of which the
radius point lies S 85°09'33" W, a radial distance of
22,800.31 feet; thence northerly along the arc, through a
central angle of 07°26'36" for 2,962.03 feet; thence
N 82123'52" W for 15.95 feet to the point of curve of a non
tangent curve to the right, of which the radius point lies
S 77°42'08" W, a radial distance of 22,785.31 feet; thence
southerly along the arc, through a central angle of
O1121'29" for 540.07 feet; thence S 74°21'17" W for
105.38 feet; thence S 26°54' 10" E for 8.60 feet; thence
S 30°06'07" W for 89.05 feet; thence S 33°23'02" W for
60.01 feet; thence S 26°49'40" W for 121.62 feet; thence
M
ORDINANCE NO. 3664
S 34°21'40"
W for
65.69 feet; thence
S 29°07'34" W for
38.16 feet;
thence
S 19° 15' 19" E for
57.99 feet; thence
S 15°41' 14"
W for
117.87 feet; thence
S 10°54'24" W for
39.43 feet;
thence
S 06°03'05" W for
384.78 feet; thence
S 65°00' 10"
W for
68.01 feet; thence
S 37° 13'53" W for
25.53 feet;
thence
S 27°08'53" W for
77.15 feet; thence
S 88°45'49"
W for
80.91 feet; thence
S 23' 18'41" W for
13.82 feet;
thence
S 42°36'36" W for
34.05 feet; thence
N 89°57'06"
W for
33.94 feet; thence
S 42°36'36" W for
16.71 feet;
thence
S 00°46'31" W for
68.87 feet; thence
S 07° 12'50"
E for
10.32 feet; thence
S 75° 10' 14" E for
8.35 feet to
the point of curve of a non tangent curve to the
right, of which the
radius point lies S 11'34'00"
W, a radial
distance of
28.08 feet; thence southeasterly along the arc,
through a central angle of 47°46'34" for
23.41 feet; thence
S 24°03' 10"
E for
3.29 feet; thence
S 14°28'57" E for
5.20 feet; thence
S 06°42'56" E for
9.73 feet; thence
S 00°43' 14"
W for
24.49 feet; thence
S 04°28'53" W for
20.12 feet;
thence
S 04° 14'24" W for
27.74 feet; thence
S 02' 14' 51"
W for
17.43 feet; thence
S 01 ° 10' 12" E for
16.74 feet to the point of curve of a non tangent curve to
the left, of
which
the radius point lies N 88049'48" E, a
radial distance of
130.23 feet; thence
southerly along the
arc, through a central angle of 12°40'57" for 28.83 feet;
thence S 13°37'32"
E for 22.49 feet to
the beginning of a
curve to the right
having a radius of
120.42 feet; thence
along the arc of
said curve through
a central angle of
08129'27"
for 17.85
feet; thence
S O1°54'39" E for
46.14 feet;
thence
S 03°06'22" E for
28.39 feet; thence
S 05016'43"
E for
11.15 feet; thence
S 08° 10' 19" E for
39.68 feet;
thence
S 06°52' 10" E for
18.58 feet; thence
S 02050' 12"
E for
17.27 feet; thence
S 04°27' 18" E for
28.61 feet;
thence
S 05056'33" E for
21.46 feet; thence
S 08'5711"
E for
37.34 feet; thence
S 10'51'24" E for
29.04 feet;
thence
S 08051'56" E for
13.31 feet; thence
S 03°54' 13"
E for 7.53
feet to the beginning of a curve to the
right having a radius
of 62.52 feet; thence along the arc of
said curve
through a central angle of 36°30'29" for
39.84 feet;
thence
S 90°00'00" W for
862.35 feet; thence
N 89°51'41"
W for
34.70 feet; thence
N 44°02'27" E for
70.37 feet;
thence
N 66°54'01" E for
44.70 feet; thence
N 64° 16' 19"
W for
13.57 feet; thence
N 55°36'40" E for
92.55 feet;
thence
N 68°37'29" E for
48.53 feet; thence
N 16117'51"
E for
55.77 feet; thence
N 62°40'28" E for
44.30 feet;
thence
N 13°02'50" E for
49.55 feet; thence
N 30108'32"
E for
54.22 feet; thence
N 04°45'20" E for
60.33 feet;
thence
N 71°25'23" E for
72.31 feet; thence
N 48°29'00"
E for
56.52 feet; thence
N 56°03'32" E for
45.63 feet;
thence
N 22°41'53" E for
59.86 feet; thence
N 23°42'43"
E for
88.27 feet; thence
N 52°20'59" E for
62.55 feet;
thence
N 40°08'04" E for
75.73 feet; thence
N 04148'51"
E for
39.43 feet; thence
N 13°22'07" W for
60.38 feet;
thence
N 05°21'49" W for
29.58 feet; thence
N 45147'45"
W for
33.31 feet; thence
N 05° 17'52" W for
49.60 feet;
thence
N 08045'56" E for
66.97 feet; thence
N 32105'06"
E for
32.89 feet; thence
N 34135'30" W for
43.59 feet;
thence
N 22°59'39" W for
85.07 feet; thence
N 60004'00"
W for
76.52 feet; thence
N 16° 17'09" W for
0
ORDINANCE NO. 3664
32.98 feet;
thence
N 71°26'26"
W for
98.15 feet;
thence
N 74°27'02"
W for
65.96 feet;
thence
N 35°41'38"
W for
38.85 feet;
thence
N 45°42'54"
W for
72.91 feet;
thence
S 80°53'08"
E for
32.22 feet;
thence
N 73°03'24"
E for
23.74 feet;
thence
N 20°35'50"
W for
152.22 feet;
thence
N 53°38'34"
E for
138.97 feet;
thence
S 89° 10'05"
E for
96.75 feet;
thence
N 12' 11'44"
W for
85.12 feet;
thence
N 02°53'00"
E for
72.56 feet;
thence
N 18° 13'56"
E for
52.18 feet;
thence
N 39°20'29"
W for
64.19 feet;
thence
N 33°42'21"
E for
28.31 feet;
thence
S 90°00'00"
W for
414.36 feet;
thence
50.36 feet;
thence
N 53°27'03"
W for
60.94 feet;
thence
N 66°58'47"
E for
14.34 feet;
thence
N 29°21'07"
W for
25.86 feet;
thence
N 19°23'05"
E for
90.44 feet;
thence
N 86° 18'58"
E for
38.00 feet;
thence
N 44' 15'30"
E for
51.90 feet;
thence
N 09°26'06"
W for
103.64 feet;
thence
N 44' 18'41"
E for
116.67 feet;
thence
N 44°28'37"
E for
16.66 feet;
thence
N 45°48'38"
E for
67.64 feet;
thence
N 51°12'51"
E for
54.00 feet;
thence
N 50°58'07"
E for
25.54 feet;
thence
N 05°04'23" E for
108.15 feet;
thence
N 45°02'26"
W for
26.44 feet;
thence
S 53°08'30"
W for
457.84 feet;
thence
N 89°20'08"
W for
N 44°03'53" W for 300.76 feet; thence
168.37 feet; thence N 05°32'05" E for
234.11 feet; thence N 00°44'50" E for 56.98 feet to the point
of curve of a non
tangent curve to the left, of which the
radius point lies
N 02°23'24" E, a
radial distance of
176.45 feet; thence northerly along the arc, through a
central angle of
183° 17'08" for 564.46 feet; thence
N 00°44'50" E for
23.77 feet; thence
N 00°21'53" W for
473.89 feet; thence N 00°41'48" E for
103.99 feet; thence
S 82°53'06" W for
55.49 feet; thence
S 77°55' 19" W for
56.41 feet; thence
N 79°42'34" W for
44.05 feet; thence
N 81°52'52" W for
55.72 feet; thence
S 90°00'00" W for
82.74 feet; thence
S 74°04'34" W for
57.36 feet; thence
S 90000'00" W for
74.86 feet; thence
N 78042'20" W for
80.35 feet; thence
N 6711'43" W for
81.21 feet; thence
N 67000'03" W for
41.11 feet; thence
N 05° 16'04" E for
2.52 feet; thence
N 82°06' 14" W for
64.55 feet; thence
S 32'15'59" W for
1,036.13 feet; thence S 02019'50" W for
891.66 feet; thence S 31035'32" W for
68.03 feet; thence
S 19051'08" W for
177.93 feet; thence
S 29027'32" W for
88.08 feet; thence
S 55° 10'26" W for
261.30 feet to the
point of beginning.
Containing 287.93 acres, more or less.
Subject to easements, restrictions, reservations and
5
ORDINANCE NO. 3664
rights -of -way (recorded and unrecorded, written and
unwritten)
Bearings are based on the north line of Section 10,
Township 45 South, Range 25 East as bearing
S 88057'32" W.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL
OF THE CITY OF FORT MYERS, FLORIDA, that:
SECTION 1. The Palomino Estates Planned Unit
Development is hereby renamed Reflection Isles Planned Unit
Development.
SECTION 2. Ordinance No. 3204, Section 4, subsection A.,
pertaining to the timeframes for commencement and completion of
construction, is amended to read as follows:
A. The project is to be a phased development with an expected
project build out of ten (10) years from June 7, 2004. Vertical
development is expected to commence in year 2005. The
expiration date is November 7, 2015, unless an extension is
submitted and approved by the City Council. If for any reason,
the Developer is not able to meet the timeframe(s) set forth
above, the Developer must, no later than ninety (90) days prior
to November 7, 2015, provide written notice to the City
indicating the Developer's anticipated failure to meet the
timeframe and provide a detailed explanation of the reason.
The City shall determine whether an extension of the
timeframe is warranted. For the period of continuance
referenced above, the timeframe set forth in this ordinance is
suspended and the square footage as previously granted in the
planned unit development is reserved for the Developer during
the period of the suspension.
A
ORDINANCE NO. 3664
SECTION 3. All other previous terms, conditions, and
deviations of Ordinance No. 3204 and all terms and conditions of this
ordinance remain in full force and effect and shall be binding on the
applicant, its successors or assigns.
SECTION 4. 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
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 5. A notice of public hearing was published in a
newspaper of general circulation in accordance with the law.
SECTION 6. 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 7. This ordinance shall become effective
immediately upon adoption.
7
ORDINANCE NO. 3664
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 15th day of April, A.D., 2013.
p.m.
2013.
Aye
Aye
Aye
Aye
Aye
10
Thomas C. Leonardo
Council Members
APPROVED this 15th day of April, A.D., 2013, at 5:43 o'clock
Aye
Michael Flanders
Mayor Pro tern
FILED in the Office of the City Clerk this 15th day of April, A.D.,
Mane Adams, MMC
City Clerk
ORDINANCE NO. 3664
EXHIBIT A
LOCATION MAP FOR
REFLECTION ISLES
Item Location
1,200 600 0 1,200 Feet
I I I I I
■
Mapfar reference .nly nad isnot a Survey.
The City of Fart My— makes no claim. or
N guarantees about the accuracy or currency
oaf dp....ntio ecNon.. liability
nn tfu..e�no°e
d o i oely die I ' Lability for
W E aad..1nion..
So...: City of Port Myers - GIS-. Sh.M.
$ Date: 12/20/2012