HomeMy WebLinkAboutOrdinance - City Council - Regular - 3741 - 5/18/2015ORDINANCE NO. 3741
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYARS, FLORIDA, AMENDING ORDINANCE
NO.3204, PALOMINO ESTATES PLANNED UNIT
DEVELOPMENT A/K/A REFLECTION ISLES,
11450 REFLECTION ISLES BOULEVARD, LYING IN
SECTIONS 3 AND 10, TOWNSHIP 45 SOUTH, RANGE 25
EAST; EXTENDING THE EXPIRATION DATE FOUR YEARS
TO 2019 AND RESCINDING ORDINANCE NO.3664;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS: Worthington Holdings, LLC, owner, 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 hereto and made a part hereof. The project consisted generally
of approval of a maximum 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 buildout 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 a/k/a/ Reflection Isles; 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
ORDINANCE NO. 3741
are currently valid planned unit developments; and
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 (6)
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: In 2012 under Case No. 12PUD11, Lennar
Homes LLC, owner, requested amendments to the Palomino Estates
Planned Unit Development (PUD) a/k/a Reflection Isles for an extension
2
ORDINANCE NO. 3741
of the buildout date consistent with Chapter 2011-142, Section 252.363,
Florida Statutes, and Executive Order Nos. 12-140, 12-192 and 12-199
to extend the buildout date of the PUD from June 7, 2014, to
November 7, 2015. The PUD was 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. The
extension was approved by City Council on April 15, 2013, by Ordinance
No. 3664; and the name of the PUD was changed from Palomino Estates
to Reflection Isles, as requested by the owner, Lennar Homes, LLC.
WHEREAS: In 2015 under Case No. 15PUD01, Lennar
Homes, LLC, owner, requested amendments to the Palomino Estates
Planned Unit Development (PUD) a/k/a Reflection Isles to extend the
buildout date for the remaining 173 lots within the subdivision to be
built. The first request is for a four (4) year extension, which would
amend the dates in the PUD as follows: expiration of the buildout date to
November 7, 2019. The second request is to allow the model homes to
remain as models until the last lot is sold.
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 a/k/a Reflection Isles;
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 4, 2015, 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 287.93 acres, more or less, known as Palomino
Estates Planned Unit Development also known as Reflection Isles, is
3
ORDINANCE NO. 3741
located south of Colonial Boulevard, west of Interstate 75, and east and
adjacent to Six Mile Cypress Slough waterway, with access only from
Daniels Parkway, lying 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 82°23'52" 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
O1°21'29" 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
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'S3" W for
25.53 feet; thence S 27008'53" 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'S0" 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'S1" 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 88°49'48" 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
08°29'27" for 17.85 feet; thence SO 1'54'39" E for
46.14 feet; thence S 03°06'22" E for 28.39 feet; thence
S 05° 16'43" E for 11.15 feet; thence S 08° 10' 19" E for
El
ORDINANCE NO. 3741
39.68 feet; thence
S 02°50' 12" E for
28.61 feet; thence
S 08'5711" E for
29.04 feet; thence
S 03°54' 13" E for 7
S 06°52' 10" E for
18.58 feet;
thence
17.27 feet; thence
S 04°27' 18"
E for
S 05°56'33" E for
21.46 feet;
thence
37.34 feet; thence
S 10°51'24"
E for
S 08°51'56" E for
13.31 feet;
thence
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
N 89°51'41"
W for
70.37 feet;
thence
N 64° 16' 19"
W for
92.55 feet;
thence
N 16° 17'S1"
E for
44.30 feet;
thence
N 30°08'32"
E for
60.33 feet;
thence
N 48°29'00"
E for
45.63 feet;
thence
N 23°42'43"
E for
62.55 feet;
thence
N 04°48'51"
E for
60.38 feet;
thence
N 45°47'45"
W for
49.60 feet;
thence
N 32°05'06"
E for
43.59 feet;
thence
N 60°04'00"
W for
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 90000,00" W
S 90°00'00" W for
34.70 feet;
thence
N 66°54'01"
E for
13.57 feet;
thence
N 68°37'29"
E for
55.77 feet;
thence
N 13°02'50"
E for
54.22 feet;
thence
N 71°25'23"
E for
56.52 feet;
thence
N 22°41'53"
E for
88.27 feet;
thence
N 40°08'04"
E for
39.43 feet;
thence
N 05°21'49"
W for
33.31 feet;
thence
N 08°45'56"
E for
32.89 feet;
thence
N 22°59'39"
W for
76.52 feet;
thence
S 58'45' 11"
W for
127.89 feet;
thence
N 10052'05"
E for
97.02 feet;
thence
N 38°56'22"
W for
62.70 feet;
thence
N 62°27' 16"
W for
69.44 feet;
thence
N 69°36'24"
E for
39.53 feet;
thence
N 46°29'29"
E for
62.33 feet;
thence
N 37°46'52"
E for
72.29 feet;
thence
N 19°48' 12"
E for
77.47 feet;
thence
N 74°54'39"
E for
45.34 feet;
thence
N 08° 17'31"
E for
88.51 feet;
thence
N 08°05' 12"
W for
73.22 feet;
thence
N 52'01'33"
E for
42.67 feet;
thence
N 30° 16'40"
E for
51.08 feet;
thence
N 12°54'25"
E for
18.47 feet; thence
N 53° 10'09"
W for
for 57.55 feet; thence
5
862.35 feet;
thence
N 44002'27"
E for
44.70 feet;
thence
N 55°36'40"
E for
48.53 feet;
thence
N 62°40'28"
E for
49.55 feet;
thence
N 04°45'20"
E for
72.31 feet;
thence
N 56°03'32"
E for
59.86 feet;
thence
N 52°20'59"
E for
75.73 feet;
thence
N 13°22'07"
W for
29.58 feet;
thence
N 05° 17'52"
W for
66.97 feet;
thence
N 34°35'30"
W for
85.07 feet;
thence
N 16° 17'09"
W for
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'S8"
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 45002'26"
W for
26.44 feet;
thence
S 53°08'30"
W for
ORDINANCE NO. 3741
414.36 feet; thence
S 58° 13' 17" W for
457.84 feet; thence
S 88°07'32" W for
181.19 feet; thence
N 89°20'08" W for
400.58 feet; thence
N 44°03'53" W for
300.76 feet; thence
N 37°03'54" W for
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 90°00'00" W for
74.86 feet; thence
N 78°42'20" W for
80.35 feet; thence
N 67' 11'43" W for
81.21 feet; thence
N 67°00'03" W for
4 1. 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 02° 19'50" W for
891.66 feet; thence
S 31°35'32" W for
68.03 feet; thence
S 19°51'08" W for
177.93 feet; thence
S 29°27'32" 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
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 construction
commencing in 2005. The buildout date shall be November 7,
2019, unless an extension is submitted and approved by the
101
ORDINANCE NO. 3741
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, 2019, 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.
SECTION 3. Ordinance No. 3204, Section 4, Subsection E,
Deviations, is hereby amended to add deviation number 17 pertaining to
model homes:
(17) Land Development Code Requirement: Chapter
118.3.5, Temporary Uses and Structures; Section G.2.
Model Homes Time Limits: Time limit on approval shall
be five years maximum or the completion of lot sales in the
subdivision, whichever comes first.
Deviation: The existing model homes in Reflection Isles may
remain models until the completion of lot sales.
SECTION 4. Ordinance No. 3664 is hereby rescinded.
SECTION 5. All other previous terms, conditions, and
deviations of Ordinance No. 3204 and all terms and conditions of the
ordinance remain in full force and effect and shall be binding on the
applicant, its owner, developer, successors or assigns.
SECTION 6. Copies of the plans and specifications
referenced herein are on file with the City Clerk's Office and with the
Community Development Department.
7
ORDINANCE NO. 3741
SECTION 7. Failure to Comply. Failure to comply with
the terms and conditions of the planned unit development ordinances for
Reflection Isles 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 8. Notice of Public Hearing. A notice of public
hearing was published in a newspaper of general circulation in
accordance with the law.
SECTION 9. 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 10. Effective Date. This ordinance shall become
effective immediately upon adoption.
ORDINANCE NO. 3741
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 18th day of May, A.D., 2015.
p.m.
2015.
Aye
Aye
Aye
Aye
Aye
Teresa Watkins Brown
. Streets, Jr.
Thomas C. Leonardo
Council Members
APPROVED this 18th day of May, A.D., 2015, at 6:22 o'clock
Aye 64L4 t% ' �Y "'�(=
Randall P. Henderson, Jr
Mayor
FILED in the Office of the City Clerk this 18th day of May, A.D.,
` pu&r ' "lira,
Marie Adams, MMC
City Clerk
E
ORDINANCE NO. 3741
EXHIBIT A
LOCATION MAP FOR
REFLECTION ISLES
Item Location
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D to 12/20/2012