Colony submits 36-month time-line
The Colony Association is requesting double the amount of time originally requested for completing renovation of the Colony from an 18-month extension, to a 36-month extension beyond the Dec. 31, 2012 deadline.
The Colony extension request will be held at a quasi-judicial hearing before the town commission at 9 a.m. on Sept. 24. This week, in a letter dated Sept. 19, Association attorney Donald Hemke sent the town a letter giving a newly proposed timeline for development plans for the new Colony. The completion date for the new Colony would be on or before Dec. 31, 2015 according to the timeline.
“Given the above timeline (see timeline below), and in light of the Town Commission’s meeting of September 4, 2012, the Association would request a 36-month extension of the ‘deadline’ of December 31, 2012, to December 31, 2015,” wrote Hemke.
At Monday’s Sept. 24 workshop, town commissioners will determine whether to extend the Dec. 31, 2012 abandonment period of the Colony. If the commission does not extend the Dec. 31 deadline, the Colony will revert back to its former zoning of 6 units per acre, thereby losing its current 237 grandfathered units, and instead allowed to have approximately 90 – 100 units.
At the Sept. 4 regular commission meeting, Town Planning and Zoning Director Robin Meyer suggested that if the commission extends the grandfathering of the units, it should impose conditions to reduce the rat and pest population and to ensure that landscaping is maintained. Neighboring condominium owners such as those at the Aquarius, have also expressed health concerns associated with the abandoned property, as rats and mice have been spotted inhabiting the structures. Aquarius owners also proposed their own milestones and guidelines for the Colony.
Meyer added that his concern if the application is denied, is that it could create additional legal challenges and issues. This issue is of concern, he said, as one of the Colony’s problems in finalizing a development plan is its inability to settle its ongoing lawsuits.
As made public this week, an engineering company hired by Citizens Property Insurance has deemed the five-story central tower unsafe for anyone to enter, as one of the central beams on the fifth floor is corroded and falling downward (see related story this issue).
Colony Association President Jay Yablon has assured the town and neighboring Aquarius residents that the is willing to work with them on all of the problems associated with the Colony’s abandoned state, including vermin and decaying buildings. Yablon also stated that the Association is working with the town to resolve the five-story tower structural issue, as well as any structural problems in the surrounding buildings.
Colony Association’s proposed timeline:
1. No later than Oct. 15, the Association’s developer will meet with the association and initiate efforts to confirm that the proposed restoration or redevelopment can comply with the state, Town and FEMA requirements. By Dec. 1, 2012 the Association will have determined whether the proposed restoration or redevelopment can comply with state, Town and FEMA requirements.
2. No later than December 1, 2012 the Association or its developer will execute a definitive agreement with its developer and its resort manager.
3. No later than December 1, 2012 the Association or its developer will inspect and evaluate physical conditions at the Colony in connection in deciding whether to renovate or redevelop.
4. No later than January 1, 2013, the Association will brief its members concerning whether to restore or redevelop and informally poll the members concerning whether to restore or redevelop.
5. No later than February 1, 2013, the Association or its developer will engage a civil engineer to begin infrastructure design for the restoration or redevelopment.
6. No later than February 1, 2013, the Association or its developer will engage an architect to prepare schematic and working drawings for the restoration or redevelopment.
7. No later than June 1, 2013, the Association will apply for approvals and/or permits for the restoration or development from the town.
8. No later than December 1, 2013, the Association or its developer will solicit bids from contractors to restore or redevelop.
9. No later than February 1, 2014, the Association will obtain a formal legally-binding vote from its members to proceed to restore or redevelop.
10. No later than May 1, 2014, the Association or its developer will begin construction of the restoration or redevelopment.
11. No later than December 31, 2015, construction of the restoration or redevelopment will be complete.