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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