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HomeMy WebLinkAboutOrdinance - City Council - Regular - 4068 - 11/17/2025ORDINANCE NO. 4068 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, REZONING 21 ACRES, MORE OR LESS, FROM LIGHT INDUSTRIAL (IL) TO COMMERCIAL INTENSIVE NON-RESIDENTIAL (CI -NR) ZONING DESIGNATION, LOCATED NORTH OF DANIELS PARKWAY, EAST OF TREELINE AVENUE, AND WEST OF CHANA CT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: BJ Holdings of Fort Myers LLC, and Brian Scott Holdings, Inc., the owners, request to rezone 21 acres, more or less, located at 13380, 13391, 13401, 13411, & 13421 Chana Ct., 13380 Intrepid Ln., 10290 Vision Ln., and 2 unaddressed parcels identified as Folio No. 10259590 and 10458794, from Light Industrial (IL) Zoning Designation to the Commercial Intensive Non -Residential (CI -NR) zoning designation as an amendment to the Official Zoning Map attached as Exhibit A and made a part here of; and WHEREAS: Two (2) public hearings with due public notice have been held on rezoning the 21 acres, more or less; one hearing held before the Planning Board at its regular meeting on August 6, 2025, and one hearing held before City Council at its regular meeting held on November 3, 2025, to inform the public and receive objections, recommendations, and comments; and ORDINANCE NO: 4068 WHEREAS: The comments and objections received from all persons, agencies, or governments have been duly considered. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: 1. The City of Fort Myers hereby amends the Official Zoning Map of the City of Fort Myers by changing the zoning designation from Light Industrial (IL) Zoning Designation to the Commercial Intensive Non - Residential (CI -NR) zoning designation for 21acres, more or less, located at 13380, 13391, 13401, 13411, & 13421 Chana Ct., 13380 Intrepid Ln., 10290 Vision Ln., and 2 unaddressed parcels identified as Folio No. 10259590 and 10458794, as described in Exhibit B. 2. In exercise of its authority the City Council has determined it necessary to amend the Official Zoning Map as shown on Exhibit A to insure that the Official Zoning Map is in full compliance with the Laws of the State of Florida; to preserve and enhance present advantages; encourage the most appropriate use of land, water and resources consistent with the public interest; and deal effectively with future problems that may result from the use and development of land within the City of Fort Myers. 2 ORDINANCE NO: 4068 3. The Official Zoning Map shall have the legal status as set forth in Florida Statutes and is subject to the Land Development Regulations of the City. 4. All approvals shall be binding upon the owners, developers, successors and assigns. 5. Notices of public hearings were published in a newspaper of general circulation in accordance with the law. 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, and sections shall not be affected and shall continue in full force and effect. 7. Effective Date. This ordinance shall become effective 31 days after the adoption of Ordinance 4072, unless a challenge is filed pursuant to Sec. 163.3187(5)(a), F.S. 3 ORDINANCE NO. 4068 EXHIBIT A ZONING MAP City of Fort Myers ORFMYERS Zoning Map: RZ25-0032 - Folio IDs: 10259587, 10259588, 10458794, 10259598, 1 n75oca7 1 niSoSQFz 1 n')5QsQ5 1 n'}5QSQn R. 1 ng5Q5Q 1 Zoning District ® Subject Parcels u CI - Commercial intensive © Parcel Boundaries IL - Light Industrial I6 City Boundary CON - Conservation Lands 1W MDP-3 - Master Development Plan 3 Nap fa teferonro only and a not Survey Ime City of Fert llyen matae. oo crams oe Yusc+naes about tpe Y or nunnry O S00 1.000 of the in:mstion contained on this mep, sod sxpnwb ductaltoa liability for stow I • i i I i 1 I std omisataa. Feet Date: 1/22/2025 I Source: City of Fort Myer Community Development GIS 4 ORDINANCE NO. 4068 EXHIBIT B LEGAL DESCRIPTION DESCRIPTION.• (INSTRUMENT No. 2012000284376) LOT 8, SABAL RIDGE, AN UNRECORDED SUBDIVISION LOCATED IN SECTION 23, TOWNSHIP 25 SOUTH, RANGE 25 EAST, ACCORDING TO THE MAP RECORDED IN OFFICIAL RECORDS BOOK 966, PAGES 452 AND 453, INCLUSIVE, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION CONVEYED TO LEE COUNTY, FLORIDA, A POLITICAL SUBDIVISION, BY WARRANTY DEED RECORDED IN O.R. BOOK 2224, PAGE 450, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. ALSO LESS AND EXCEPT THAT PORTION OF LAND AS DESCRIBED IN THAT CETAIN LIS PENDENS RECORDED IN OFFICIAL RECORDS BOOK 3738, PAGE 3368, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. DESCRIPTION: (INSTRUMENT No. 2012000284381) LOT 9, SABAL RIDGE, AN UNRECORDED SUBDIVISION LOCATED IN SECTION 23, TOWNSHIP 25 SOUTH, RANGE 25 EAST, ACCORDING TO THE MAP RECORDED IN OFFICIAL RECORDS BOOK 966, PAGES 452 AND 453, INCLUSIVE, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION CONVEYED TO LEE COUNTY, FLORIDA, A POLITICAL SUBDIVISION, BY WARRANTY DEED RECORDED IN O.R. BOOK 2224, PAGE 450, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. ALSO LESS AND EXCEPT THAT PORTION OF LAND AS DESCRIBED IN THAT CETAIN LIS PENDENS RECORDED IN OFFICIAL RECORDS BOOK 3910, PAGE 3796, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. DESCRIPTION.• (O.R. BOOK 3880, PAGE 1068) THE WEST HALF OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 23, TOWNSHIP 45 SOUTH, 5 ORDINANCE NO. 4068 RANGE 25 EAST, LEE COUNTY, FLORIDA. ALSO KNOWN AS THE WEST HALF OF LOT 11 OF THAT CERTAIN SUBDIVISION COMMONLY KNOWN AS SABAL RIDGE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN O.R. BOOK 966, PAGES 452-453, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. DESCRIPTION: (O.R. BOOK 3897, PAGE 237) THE EAST HALF OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 23, TOWNSHIP 45 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA. ALSO KNOWN AS THE EAST HALD OF LOT 11 OF THAT CERTAIN SUBDIVISION COMMONLU KNOWN AS SABAL RIDGE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN O.R. BOOK 966, PAGES 452-453, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. SUBJECT TO A 50 FOOT ROADWAY EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTHERLY BOUNDARY OF THE PROPERTY, AS RECITED IN THAT CERTAIN DEED RECORDED IN OFFICIAL RECORDS BOOK 1906, PAGE 2337, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. DESCRIPTION.• (O.R. BOOK 3880, PAGE 992) TRACT 15, SABAL RIDGE, AN UNRECORDED SUBDIVISION IN SECTION 23, TOWNSHIP 25 SOUTH, RANGE 25 EAST, AS REFLECTED ON PLAT RECORDED IN OFFICIAL RECORD BOOK 966 AT PAGES 452 AND 453, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 100 FEET AS CONVEYED TO LEE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IN O.R. BOOK 1372, PAGE 1603. DESCRIPTION: (O.R. BOOK 3087, PAGE 1612) TRACT 16, SABAL RIDGE, AN UNRECORDED SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN OFFICIAL RECORDS BOOK 966, PAGES 452 AND 453, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA. LESS THE SOUTH 100 FEET AS CONVEYED ORDINANCE NO. 4068 TO LEE COUNTY, FLORIDA IN OFFICIAL RECORDS BOOK 1372, PAGE 1603, OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA. DESCRIPTION.• (O.R. BOOK 3450, PAGE 949) TRACT 17, SABAL RIDGE, AN UNRECORDED SUBDIVISION IN SECTION 23, TOWNSHIP 25 SOUTH, RANGE 25 EAST, AS REFLECTED ON PLAT RECORDED IN OFFICIAL RECORD BOOK 966 AT PAGES 452 AND 453, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 100 FEET AS RECORDED IN OFFICIAL RECORD BOOK 1320, PAGE 2190. DESCRIPTION.• (O.R. BOOK 3952, PAGE 2490) TRACT 18, OF SABAL RIDGE, AN UNRECORDED SUBDIVISION IN SECTION 23, TOWNSHIP 25 SOUTH, RANGE 25 EAST, ACCORDING TO THE PLAT THEREOF AS SHOWN IN OFFICIAL RECORDS BOOK 966, PAGES 452 AND 453, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 100 FEET THEREOF CONVEYED TO LEE COUNTY, IN OFFICIAL RECORDS BOOK 1270, PAGE 1248, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS AND EXCEPT THE PARCELS DESCRIBED IN AMENDED ORDER OF TAKING RECORDED IN O.R. BOOK 2239, PAGE 4131, ET SEQ., PUBLIC RECORDS OF LEE COUNTY, FLORIDA. DESCRIPTION.• (INSTRUMENT No. 2005000147332) A PORTION OF LOT 20 OF "SABAL RIDGE" AN UNRECORDED SUBDIVISION IN SECTION 23, TOWNSHIP 25 SOUTH, RANGE 25 EAST, AS REFLECTED IN PLAT RECORDED IN OFFICIAL RECORDS BOOK 966 AT PAGES 452 AND 453 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWING: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 20; THENCE N.88°06'15"E., ALONG THE NORTH LINE OF SAID LOT 20 FOR 80.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.88°06'15"E. ALONG THE NORTH LINE OF SAID LOT 20, FOR A DISTANCE OF 223.01 FEET; THENCE S.00°59'07"E. FOR 219.93 FEET; THENCE S89°42'16"W. FOR A DISTANCE OF 123.02 FEET; THENCE N.45°41'21"W. FOR A 7 ORDINANCE NO. 4068 DISTANCE OF 142.11 FEET TO A POINT ON A LINE 80.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT 20; THENCE N.00°59'07"W. ALONG SAID PARALLEL LINE, FOR A DISTANCE OF 114.54 FEET TO THE POINT OF BEGINNING. ORDINANCE NO.4068 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this 17th day of November 2025. s-eS Teresa Watkins Brown Diana Giraldo I pP Terolyn P. Watson Fred Burson Darla Bonk Councilpersons APPROVED this 17th day of November 2025. Kevin B. Anderson Mayor FILED in the Office of the City Clerk this 17th day of November 2025. .�J Mary Hagemann, CMC City Clerk