HomeMy WebLinkAboutResolution - City Council - Regular - 2014-24 - 9/2/2014RESOLUTION NO. 2014-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FORT MYERS, FLORIDA, ISSUING AN AMENDED
AND RESTATED DEVELOPMENT ORDER FOR THE
FORUM PREVIOUSLY A PART OF AND FORMERLY
KNOWN AS THE OMNI DEVELOPMENT OF REGIONAL
IMPACT, A DEVELOPMENT OF REGIONAL IMPACT
LOCATED EAST OF INTERSTATE 75 AND NORTH OF
COLONIAL BOULEVARD; PROVIDING FOR FINDINGS
OF FACT, CONDITIONS OF APPROVAL, CONCLUSIONS
OF LAW AND ADMINISTRATIVE REQUIREMENTS;
REPEALING RESOLUTION NO. 2006-37 AND ALL PRIOR
RESOLUTIONS PERTAINING TO THE DEVELOPMENT
ORDER FOR THE FORUM DEVELOPMENT OF
REGIONAL IMPACT; MAKING A FINDING OF NO
SUBSTANTIAL DEVIATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS: Pursuant to Section 380.06 of the Florida Statutes,
the City Council of the City of Fort Myers adopted Resolution No. 88-28
on July 18, 1988, as requested by Daniel F. Adams, owner, in the
Application for Development Approval for Omni Interstate Park, and
amended by Resolution Nos. 90-46, 97-54, and 2001-65 and renamed
and amended by Resolution No. 2002-56 adopted on November 18,
2002, changing the name to The Forum, a Development of Regional
Impact (the "project"); and
WHEREAS: The City Council of the City of Fort Myers, on
June 20, 1988, took into full consideration the report and
recommendation of the Southwest Florida Regional Planning Council,
the City of Fort Myers Planning Board, the City staff and the documents
and comments made at the public hearing and found: a) the project and
property previously known as Omni Interstate Park, now known as The
Forum, are fully and accurately described in the Application for
Development Approval, on file in the Office of the City Clerk; b) the
application is in conformance with Chapter 380, Florida Statutes; c) the
proposed development is not in an Area of Critical State Concern,
RESOLUTION NO. 2014-24
pursuant to Chapter 380, Florida Statutes; d) the proposed development
is consistent with the Comprehensive Plan of the City of Fort Myers;
e) the proposed development is consistent with local land development
regulations, and, together with the conditions set forth below, with the
report and recommendations of the Southwest Florida Regional Planning
Council; and
WHEREAS: Subject to the terms and conditions of the
Development Order adopted by Resolution No. 2002-56, the developer is
authorized to construct 762 dwelling units plus 100,000 square feet of
office space, 100,000 square feet of industrial space, 425,000 square feet
of retail space, and 102 hotel rooms on 706.3 acres as shown on Map 14,
attaehed as Exhibit r; and
WHEREAS: The Master Developer AGB, LLC of Florida, a Florida
Limited Liability Company, of The Forum submitted a Substantial
Deviation Application to amend the Development Order, which was
adopted on August 14, 2006 by Resolution No. 2006-37, repealing
Resolution No.2002-56 and all prior resolutions pertaining to the
Development Order for The Forum Development of Regional Impact;
amending Map H that guides the location of development to show the
maximum number of units approved was revised from 762 dwelling
units to 1,252 dwelling units, (402 single family detached and
850 multi -family, including townhomes); amending the square footage of
office from 100,000 square feet to 756,040 square feet (not to exceed
420,000 square feet of medical office, amending the square footage of
retail from 425,000 square feet to 1,272,824 square feet, and amending
the number of hotel rooms from 102 to 552 that can be constructed; and
WHEREAS: Between 2008 and 2012, City Council considered
and approved two requests for timeframe extensions for the final build
out date in Resolution Nos. 2008-14 and 2012-16, with a resulting
2
RESOLUTION NO. 2014-24
amended build out date of December 31, 2019, for The Forum
Development of Regional Impact, without any changes to Map H; and
WHEREAS: The Champion Development Corporation, owner of
20 vacant parcels in The Forum Development of Regional Impact,
applied in 2014 to amend the Development Order to add a revised
conversion table in order to be able to convert unused square footage for
office uses to multi -family residential units, which would allow the
expansion of the assisted living facility located at The Forum; such
amendment causing no change to Map H attached as Exhibit C.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF FORT MYERS, FLORIDA, that:
A. DEVELOPMENT APPROVAL
1. Subject to the terms and conditions of this Development
Order, the Master Developer is authorized to construct or cause to be
constructed the uses and square footage maximums listed on Map H
and in paragraph A.2. below on the 706.3 acres of land located at the
northeast quadrant of Colonial Boulevard and Interstate 75 in Lee
County, Florida, as legally described in Exhibit "A" attached hereto and
as shown on the location map in Exhibit "B" attached hereto. Master
Developer shall mean, AGB, LLC of Florida, a Florida limited liability
company, its successors and assigns.
2. Subject to the terms and conditions of this Development
Order, and as reflected on Map H, the Master Developer is authorized to
construct or cause to be constructed the uses, number of dwelling units,
and square footage identified in the following schedule:
a. The uses and density/intensity approved by Resolution
No. 2006-37 adopted on August 14, 2006, remain in effect,
and are reflected on Map H, as follows:
(1) 756,040 s.f. - Office (not to exceed 420,000 s.f. of
medical office)
3
RESOLUTION NO. 2014-24
(2) 100,000 s.f. - Industrial
(3) 1,272,824 s.f. - Retail
(4) 1,252 Dwelling Units (402 single family detached;
850 multi -family, including townhomes)
(5) 552 units - Hotel
(6) 50,000 s.f. - community facilities (neighborhood park
and YMCA)
b. The above -described build -out parameters are approved
subject to the conditions herein. The Forum Application
for Development Approval, the Substantial Deviation
Application, the sufficiency responses to said applications
and the recommendations of the Southwest Florida
Regional Planning Council (SWFRPC) that have been
incorporated herein have resolved all of the issues
identified for the project, as proposed. Development of the
project shall be in accordance with Map H, attached hereto
as Exhibit "C."
C. The buildout parameters set forth herein underwent the
substantial deviation review process to evaluate the
project's transportation impacts, and to ensure that
adequate provisions have been made to address the
transportation impacts and mitigation. The SFWMD
construction and operation permits for all phases of
development must be consistent with the conceptual
SFWMD permit and the backbone water management
system. All property within The Forum is subject to the
conditions set forth herein.
d. The following Exhibits D-I referred to within this Resolution
are not attached but are on file in the permanent record of
M
RESOLUTION NO. 2014-24
the 2014 The Forum Development of Regional Impact
Amendment in the Office of the City Clerk:
1) Exhibit D: Side Walk/Bike Path
2) Exhibit E: SR 82 Right -of -Way Revised: Not
included, roadway is constructed;
3) Exhibit F: Improvements Needed to Roadways
4) Exhibit G: Hanson Street Right -of -Way Easement
5) Exhibit H: Hanson Street Drainage Easement
6) Exhibit I: Biennial Report Requirements
3. Subject to the terms and conditions of this Development
Order, the Master Developer is authorized to construct or cause to be
constructed the following uses and maximum densities/intensities by
use of the Conversion Table shown in Section E. Transportation,
Paragraph 1 La. (s.f. = square feet):
a. Total Office Uses:
• Option 1: 676,040 s.f total office uses and not to
exceed 340,000 s.f. of Medical Office; or
• Option 2: 606,040 s.f. total office uses and not to
exceed 270,000 s.f. of Medical Office.
b. Residential Units: 1,788 Dwelling Units with the following
maximums:
• 402 Single Family detached;
• 126 Multi -family - Assisted Living units;
• 200 Multi -family - Independent Living units;
• 1,060 Multi -family general units, including
townhomes.
C. The City and McMahan Sv Associates, its transportation
consultant, evaluated the adjustment to the development
parameters.
5
RESOLUTION NO. 2014-24
0 Option 1 reduces the medical office square footage
by 80,000 s.f. for a maximum of 340,000 square feet,
which is a 10% reduction in the P.M. Peak Hour
external trips.
0 Option 2 reduces the medical square footage by
150,000 square feet for a maximum of
270,000 square feet, which is a 15% reduction in the
P.M. Peak Hour external
B. DRAINAGE/ WATER QUALITY
1. Prior to iee approval of a final plat by the City of Fort
Myers, the Developer of a parcel seeking preliminary plat approval shall
provide a conceptual surface water management permit issued by the
SFWMD for the parcel that is being platted. All applicants shall provide
information, to the satisfaction of the SFWMD as part of the SFWMD
permitting process, that floodplain encroachment and net basin storage
are addressed consistent with the Florida Administrative Code and the
Basis of Review. The actual lake acreage will meet the acreage
requirements set by the SFWMD permit. This information shall be in the
format and in accordance with Answer 17.1 on Page SFWMD-3 and
Answer 17.2 on Page SFWMD-4 of The Omni Interstate Park SECOND
SUFFICIENCY dated July 1987. In the event there is a conflict between
these requirements and any permit issued by the SFWMD, the SFWMD
permit will control.
2. A construction permit issued by the SFWMD shall be
required for each construction phase. All design standards, water
quality and best management practices presented in the Application for
Development Approval (ADA) and subsequent sufficiency responses shall
be incorporated into each phase. In the event there is a conflict between
the best management practices identified in the ADA and the best
RESOLUTION NO. 2014-24
management practices and mitigation requirements of any permit issued
by the SFWMD, the requirements of the SFWMD permit will control.
3. Permit applications filed with the SFWMD shall be
consistent with all related parts of this Development Order. The City
shall review SFWMD permit applications for consistency with other DRI
development order conditions and the Application for Development
Approval commitments.
4. The backbone surface water management system for The
Forum has been installed and it contains a total of 90.35 acres of native
plant communities on -site, and approximately 391 acres will be
enhanced off -site within the Six Mile Cypress Slough Preserve in
accordance with the project's SFWMD permits.
5. The Master Developer (or any entity charged with the
maintenance of the drainage system) shall conduct annual inspections
of The Forum master stormwater management system so as to ensure
that these areas are maintained in keeping with the final approved
designs, and that the water management system is capable of
accomplishing the level of stormwater storage and treatment for which
it was intended. All SFWMD permittees within the project shall
conduct annual inspections of their surface water management system,
as required by their SFWMD permit, to ensure proper maintenance of
the storm water management system. Proper maintenance includes
regular mowing of grassed stormwater treatment areas, the removal of
debris from the storm water management system, and the immediate
replacement or correction of any erosion to lake banks.
6. The Master Developer (or an entity charged with the
maintenance of the drainage system) will undertake a regularly
scheduled vacuum sweeping of all private streets and parking areas
within the project. All individual parcel/lot owners and lessees of
7
RESOLUTION NO. 2014-24
commercial property, shall undertake a regularly scheduled program of
vacuum sweeping of their respective streets and parking areas.
7. All tenants, owners, and property owners associations
within the project must fertilize and irrigate in accordance with SFWMD
Best Management Practices (BMPs). These BMPs include but are not
necessarily limited to the proper timing and minimum applications of
fertilizers, pesticides, and herbicides on landscaped areas of the project;
use of biodegradable varieties whenever possible; and use of slow release
nitrogen fertilizers. Coordination with the County Extension Office of
the Soil Conservation Service will be undertaken.
8. All commitments made by the applicant within the ADA,
the substantial deviation applications, and subsequent sufficiency
responses related to Questions 10, 12, and 19 of the ADA, that are not
inconsistent with the above conditions, are hereby adopted as conditions
of approval.
C. ENERGY
1. Where appropriate the individual site developer/property
owner shall incorporate at a minimum the following energy conservation
measures into their development, through deed restrictions and/or
covenants with successors in title. All applications for site plan
approvals and building permits shall be accompanied by a document
detailing proposed compliance with these conditions. If additional deed
restrictions or covenants beyond those currently recorded are utilized to
insure compliance, such documents shall be approved by the Fort Myers
City Attorney's Office prior to recording. If no deed restrictions are
approved and recorded, site plan approvals and building permits will
address the following features:
a. Provision of a bicycle/pedestrian system connecting all
land uses, to be placed along arterial and collector roads
N.
RESOLUTION NO. 2014-24
within the project. This system is to be consistent with
local government requirements. Each individual site
developer shall construct the bikepaths in accordance with
the bike path plan in Exhibit "D" on file in the Office of the
City Clerk. Sidewalks will be provided by individual site
developers in accordance with the City's Growth
Management Code.
b. Provision of bicycle racks or storage facilities in
recreational, commercial and multi -family residential areas.
C. Cooperation in the location of bus stops, shelters, and
other passenger and system accommodations for a transit
system to service the project.
d. Use of energy efficient features in window design
(e.g., tinting and exterior shading).
e. Use of operable windows and ceiling fans.
f. Installation of energy efficient appliances and equipment.
g. Prohibition of deed restrictions or covenants that would
prevent or unnecessarily hamper energy conservation
efforts (e.g., building orientation, and solar water heating
systems) .
h. Reduced coverage by asphalt, concrete, rock, and similar
substances in streets, parking lots, and other areas to
reduce local air temperatures and reflected light and heat,
as determined by the Fort Myers public works director, or
his designee.
i. Installation of energy -efficient lighting for streets, parking
areas and other interior and exterior public areas.
j. Use of water closets with a maximum flush of 3.5 gallons
and shower heads and faucets with a maximum flow rate of
0
RESOLUTION NO. 2014-24
33.0 gallons per minute (at 60 pounds of pressure per
square inch) as specified in the Water Conservation Act,
Chapter 553.14, F.S.
k. Selection of native plants, trees, and other vegetation and
landscape design features that reduce requirements for
water, fertilizer, maintenance, and other needs.
1. Planting of native shade trees to provide shade for all
streets, parking areas, and residential units.
M. Placement of trees to provide needed shade in the warmer
months while not overly reducing the benefits of sunlight in
the cooler months.
n. Orientation of structures, as possible, to reduce solar heat
gain by walls and to utilize the natural cooling effects of the
wind.
o. Provision for structural shading, wherever practical when
natural shading cannot be used effectively.
P. Consideration by the project architectural review
committee(s) of energy conservation measures (both those
noted here and others) to assist builders and tenants in
their efforts to achieve greater energy efficiency in the
development.
D. HURRICANE EVACUATION
1. The Master Developer met with the Lee County Disaster
Preparedness and Fort Myers emergency management officials in July
and August 2003 to discuss and identify (if appropriate) any areas in the
common portion of the project that may be utilized as public shelter, and
it was determined that no common areas are suitable for shelter space.
2. Residential and hotel finished floor elevations shall be
above the Category 3 hurricane elevation either totally or through
10
RESOLUTION NO. 2014-24
adequate space in common areas or the upper interior hallways of
multi -story structures or similarly protected area containing no opening
directly to the exterior.
3. Manuals detailing emergency procedures and evacuation
plans shall be developed and distributed by the individual residential
site developers within The Forum, or the manuals must be distributed
by one or more project management entities, or association(s).
4. The City will explore with the YMCA of Lee County, Inc., the
possibility of utilizing for hurricane sheltering the YMCA building to be
constructed on the parcel to be donated by the Master Developer
pursuant to Section J.2. below.
E. TRANSPORTATION
1. The Forum DRI buildout is 2012 2019. The cumulative
(previously approved Phase 1 and buildout) traffic impact assessment,
upon which this Forum DRI assessment is based, assumed expected
Project buildout by December 31, 2012, and included the expected
cumulative impacts from the proposed development described in
paragraph A.2.a. The cumulative buildout development parameters are
anticipated to be built between now and 2012 2019.
11
RESOLUTION NO. 2014-24
2. Site -Related Improvements
a. The developer of any tract, lot or subdivision shall be fully
responsible for its site -related roadway and intersection
improvements within The Forum DRI, including project
access points along Forum Boulevard. Site related
improvements include, but are not limited to, the following:
(a) site driveways and roads; (b) median cuts made
necessary by those driveways or roads; (c) right -turn,
left -turn, and deceleration or acceleration lanes leading to
or from those driveways or roads; (d) traffic control
measures for those driveways or roads; and (e) roads or
intersection improvements whose primary purpose at the
time of construction is to provide access to and through the
development.
b. Site -related improvements include all site -related roadway
and intersection improvements deemed necessary by the
City of Fort Myers, in accordance with City codes and
regulations, at the time of construction plan review and
approval. Improvements may be required at the project's
direct access points onto Colonial Boulevard, State
Road 82, Forum Boulevard, Hanson Street, Dynasty Drive
and any other internal roads within the boundary of the
DRI. The Master Developer shall be responsible for site
related improvements at the intersections of Forum
Boulevard/Colonial Boulevard, Forum Boulevard/SR 82,
and Dynasty Drive/Colonial Boulevard. This section shall
not be interpreted to require the developer to make, provide
or fund intersection improvements that are necessary due
to the widening of Colonial Boulevard, the widening of
12
RESOLUTION NO. 2014-24
C«
0
0
State Road 82, the construction of Hanson Street, or
intersection improvements at Forum Boulevard and
Hanson Street.
The Master Developer will reserve the right-of-way required
for the State Road 82 widening, as determined by FDOT.
Completed.
The right-of-way will be conveyed to the City at no cost to
the City within ninety (90) days of the effective date of the
Development Agreement referred to in paragraph E.5.
below. Completed.
The following roadway segments and intersections have
been found to be significantly and adversely impacted by the proposed
development:
Significantly and Adversely Impacted Roadways
Roadway
Colonial Blvd.
Lee Blvd.
I-75
Gunnery Rd.
Luckett Rd.
Ortiz Ave.
Six Mile Cypress Pkwy.
SR 82
Winkler Ave.
From
Winkler Ave.
Ortiz Ave.
I-75
Forum Blvd.
Treeline Ave.
SR 82
Gunnery Rd.
SR 80
Buckingham Rd.
Ortiz Ave.
Ballard Rd.
Daniels Pkwy.
VS Shoemaker Blvd.
Ortiz Ave.
I-75
Forum Blvd.
Colonial Blvd.
Gateway Blvd.
Fowler St.
Metro Pkwy.
VS Shoemaker Blvd.
13
To
Ortiz Ave.
I-75
Forum Blvd.
Treeline Ave.
SR 82
Gunnery Rd.
Sunshine Blvd.
SR 78
13th Street
Enterprise Pkwy.
Luckett Rd.
Winkler Ave.
Ortiz Ave.
I-75
Forum Blvd.
Colonial Blvd.
Gateway Blvd.
Commerce Lakes Dr.
Metro Pkwy.
VS Shoemaker Blvd.
Colonial Blvd.
RESOLUTION NO. 2014-24
Significantly and Adversely Impacted Intersections
Colonial Boulevard/Winkler Avenue
Colonial Boulevard/ Ortiz Avenue
Colonial Boulevard/ I-75 West Ramp
Colonial Boulevard/I-75 East Ramp
Colonial Boulevard/Forum Boulevard
Colonial Boulevard/Treeline Avenue
SR 82/VS Shoemaker Boulevard
SR 82/Michigan Link
SR 82/Ortiz Avenue
SR 82/I-75 West Ramp
SR 82 / I-75 East Ramp
SR 82 / Forum Boulevard
SR 82/Colonial Boulevard
SR 82/Gateway Boulevard
SR 82 / Commerce Lakes
Lee Boulevard/ Sunshine Boulevard
Lee Boulevard/Gunnery Road
Gunnery Road/ 13th Street
Luckett Road/Ortiz Avenue
Luckett Road/Enterprise Parkway
Ortiz Avenue/Ballard Road
Six Mile Cypress Parkway/Daniels Parkway
Six Mile Cypress Parkway/Penzance Road
Winkler Avenue/Fowler Street
Winkler Avenue/Metro Parkway
Winkler Avenue/VS Shoemaker Boulevard
Needed improvements are identified in Exhibit "F" on file in the
Office of the City Clerk.
4. The Master Developer shall be liable for the provision
and/or funding of the Development's proportionate share of the
improvements identified in Exhibit "F." The Development's total
proportionate share of all roadway and intersection improvements,
reflective of the cumulative buildout development was $29,091,000.00.
The remaining obligation in 2014, as listed in the table in Section E.
Transportation, after paragraph 5.h., was $8,004 328.00. In 2014 it
was determined that the DRI's proportionate share exceeds the amount
of road impact fees that are projected to be generated by the DRI.
Therefore, the DRI's traffic mitigation amount was reduced in half, to
$44,002,165.00. Because reducing the number of trips reduces the
amount of money needed to improve surrounding roadways the
14
RESOLUTION NO. 2014-24
remaining $4,002,165.00 obligation, to be paid by the developer, will be
reduced or eliminated by utilizing Option 1 or Option 2, as outlined in a-
c below:
a. Option 1 will provide for the provision of drainage capacity
within The Forum DRI for a city roadway (Hanson Street
Extension). Option 1 provides for the reduction of
80,000 square feet of Medical Office use, resulting in a
10% reduction in the P.M. Peak hour external trips. The
value of the reduced trips to the roadway system is
$2,502,165.00, leaving a reduced obligation of
$1,500,000.00, to be paid by the developer, in addition to
providing storage for drainage from the new roadway. The
location of the storage area is labeled "Lake" and is between
Lots 13 and 14 on Map H dated 8-4-06.
b. Because the City is expected to make a decision regarding
the route and expansion of Hanson Street within 5 years
and by 2019, Option 1 will be available to the City for a
period of five years from the date of adoption of Resolution
No. 2014-24. The City will select Option 1 in writing, and
the Developer will have ninety (90) days from the date of
the written notice to provide the City with: 1) a survey of
the easement area; 2) a title opinion; and, 3) a permanent
easement that will provide the necessary storage and
attenuation for the water discharged from Hanson Street
Extension.
C. Option 2 provides for the reduction of 150,000 square feet
of Medical Office use, resulting in a 15% reduction in the
P.M. Peak hour external trips. The value of the reduced
trips to the roadway system is $4,002,165.00, reducing the
15
RESOLUTION NO. 2014-24
obligation to $0.00. The original $29,091,000.00 obligation
will be considered to be paid in full if Option 2 is utilized by
the developer.
5. The Development, subject to all development parameters
set forth in Condition A.2.a., shall be vested for transportation
concurrency to the extent set forth in this Section E. (Transportation)
Condition 8., below, for the life of all building permits and site work
approvals issued prior to December 31, 2012 2019, provided that the
Master Developer mitigates the Development's overall traffic impacts
through the scheduled payment of the proportionate share obligation of
$29,091,000.00. The details of this payment are established in a Local
Government Development Agreement
executed
pursuant
to
Section 163.3220, Florida Statutes, as it
may be
amended.
The
Development Agreement includes a combination of scheduled payments
of cash, roads impact fees, credits for prior mitigation, right-of-way
dedication, and other improvements and contributions by the Developer.
The Development Agreement incorporates the schedule for the required
improvements and cash payments set forth in this Resolution. The draft
of the Development Agreement was submitted to the City by the Master
Developer within 30 days of the effective date of Resolution No. 2006-37
of August 14, 2006, and scheduled for review and approval by City
Council within 120 days of the Development Agreement submittal. The
Master Developer shall not be in violation of this DRI development order
condition if the delay in execution is primarily the responsibility of the
City or if the delay occurs due to extended review caused by the City.
The Development Agreement will recognize the following credits against
the proportionate share obligation identified above:
a. The share of the original Omni DRI Phase 1 mitigation of
$5,199,000.00 in road improvement costs attributable to
16
RESOLUTION NO. 2014-24
the property described in Exhibit "A" (the northeast
quadrant of the Colonial/I-75 interchange) is
$3,842,266.00 (based on an acreage allocation between the
Omni northeast parcel and southwest parcel). Adjusting
this credit to 2005 dollars, the total credit for Phase 1
mitigation is $6,147,298.00 and this amount will be
credited against the total proportionate share obligation.
b. Development within The Forum DRI has paid (as of
January 17, 2006) a total of $1,761,497.00 in road impact
fees. Adjusting the $1,761,497.00 roads impact fee
payments to 2005 dollars equals $1,826,998.00, and this
amount was credited against the total proportionate share
obligation. Any other road impact fees paid for the
Development subsequent to this Development Order and
prior to execution of the Development Agreement will also
be credited against the total proportionate share obligation.
C. Condition E.3. of the original Omni DRI Development Order
allows the applicant to receive partial credit for Forum
(Omni) Boulevard to the extent that the road provides
greater capacity than necessary to mitigate the project's
impacts, i.e., "excess capacity." The excess capacity at full
buildout of The Forum is 9.64% of the total capacity.
Therefore, 9.64% of the cost of four-laning Forum
Boulevard is creditable. The creditable portion of the total
four lane costs (estimated at $5,989,583.00 in 2005
dollars) is calculated to be $577,396.00, and this amount
will be credited against the total proportionate share.
d. The Master Developer conveyed to the City unencumbered
fee simple title to 100 feet of right-of-way (consisting of
17
RESOLUTION NO. 2014-24
15.266 acres as shown in Exhibit "G" on file in the Office of
the City Clerk) within The Forum for the Hanson Street
Extension from I-75 to The Forum's east property line,
following the general alignment as shown in the Master
Plan (Map H, Exhibit "C"). The required conveyance is
greater than 100 feet in width in the vicinity of I-75 so as to
accommodate tapers for the fly -over over I-75. The
conveyance will occur within 45 days of demand by the
City, but not earlier than 90 days after the expiration of all
applicable appeal periods for this development order. The
creditable value of the dedication of the 15.266 acres is
based upon an appraisal prepared by a certified appraiser
acceptable to both the City and the Master Developer, and
is based upon the value of the property immediately prior
to approval of this Resolution (i.e., based upon the uses
and Map H approved by Resolution No. 2002-56). This
amount will be 100% creditable against the proportionate
share obligation. The value of the right-of-way to be
conveyed has been at $4,192,200.00.
e. The Master Developer has committed to incorporate the
drainage from the portion of the Hanson Street Extension
that lies within The Forum into The Forum DRI water
management system. The Hanson Street right-of-way,
15.266 acres, will require 3.70 acres of water management
area. The Developer must set aside 3.70 acres of lake area
within the water management system for the drainage for
Hanson Street. The Master Developer must submit for an
amendment to The Forum surface water management
permit within twelve (12) months of the effective date of
OR
RESOLUTION NO. 2014-24
this Resolution to include the 15.266 acres of right-of-way
for Hanson Street in the surface water management system
for The Forum. Prior to the submission and approval of the
amendment to the surface water management permit, all
parties submitting for a surface water management permit,
or an amendment to the backbone water management
permit, within The Forum must submit a copy of the
application to the City at the same time an application is
submitted to the SFWMD. The City will review the
application to ensure that the ability of the backbone
system to provide the water management for the Hanson
Street Extension is not eliminated. The Hanson Street
Extension will drain into The Forum water management
system via a twenty foot easement described in Exhibit "H"
on file in the Office of the City Clerk, into an existing lake
identified as Lake 9. The easement shown on Exhibit "G"
will be conveyed by the Master Developer to the City, along
with perpetual rights to the City to utilize The Forum's
water management system for purposes of draining the
Hanson Street right-of-way, at the same time the Master
Developer conveys the Hanson Street right-of-way
pursuant to paragraph E.5.d., above. Maintenance of The
Forum's water management system (including, but not
limited to, Lake 9 and the easement described in
Exhibit "G") shall be the responsibility of the Master
Developer or any successor property owners' association
authorized by the SFWMD permit to exercise maintenance
responsibilities over The Forum's surface water
management system; provided, however, that if such
19
RESOLUTION NO. 2014-24
maintenance is not performed, the City shall have the right
(but not the obligation) to perform such maintenance on its
behalf. The value of these drainage rights is creditable
against the proportionate share obligation. The value has
been determined based upon an appraisal prepared by a
certified appraiser acceptable to the City and the Master
Developer. The creditable amount was calculated as
35% of the fee simple value of the land area required for
purposes of the Hanson Street right-of-way drainage (i.e.,
the 3.70 acres of Lake 9 and the area described in
Exhibit "G"). This amount will be credited against the
proportionate share obligation. The creditable value of
these drainage rights is $338,450.00.
f. The remaining balance of the proportionate share
obligation, after all credits identified above have been
applied will be paid in three annual cash installments by
the Master Developer. The first payment will cover 50% of
the remaining cash balance. Completed.
g. The second and third installments will cover 25% each of
the remaining cash balance. The balance of the
proportionate share is presently estimated at
$16,008,658.00 in 2005 dollars. The proportionate share
payments will be adjusted annually after 2005 based upon
the Consumer Price Index (CPI) established by the U.S.
Department of Labor, Bureau of Labor Statistics (BLS),
South Urban Region, or its closest equivalent CPI
maintained by the BLS. This provision will be incorporated
into the Development Agreement. The first installment will
occur within thirty (30) days of the full execution of the
20
RESOLUTION NO. 2014-24
Development Agreement, and the second and third
installments shall be made on the first and second
anniversary dates of the due date for the first installment.
In no instance shall any proportionate share payment be
required if this DRI development order is not in effect. In
the event any of the scheduled payments are not made as
provided herein, the City may, at its option, (1) immediately
cease issuance of permits for further development within
the project until the payment is made, with interest or
other appropriate adjustment for the delay in receiving
such payment, (2) declare the project to be immediately
subject to the City's roads impact fees and concurrency
management system, (3) file an appropriate action in a
court of competent jurisdiction to compel payment, and/or
(4) take other action as may be specified in the
Development Agreement.
h. It was determined in 2014 during the process of amending
and restating the Development Order that the DRI's
proportionate share exceeds the amount of road impact
fees that are projected to be generated by the DRI.
Therefore, the DRI's traffic mitigation remaining obligation
amount was reduced in half, from $16,008,658.00 to
$4,002,165.00. Because reducing the number of trips
reduces the amount of money needed to improve
surrounding roadways, the remaining $4,002,165.00
obligation, to be paid by the developer, will be reduced or
eliminated by utilizing Option 1 or Option 2. The
mitigation payments as of 2014 are summarized as follows:
21
RESOLUTION NO. 2014-24
Proportionate Share
Credits
(Phase 1 Mitigation
$6,147,298)
(Paid Impact Fees
$1,826,998)
(Forum Blvd. Capacity
$ 577,396)
(Hanson St. ROW
$4,192,200)
(Hanson St. Drainage
$ 338,450)
Remaining Balance
First Installment
Second Installment is
amended:
$29,091,000
[$13,082,342]
$16,008,658 [paid]
$ 8,004,328** [paid]
$4,002,165.00 is
reduced to
$1,500,000.00 if
Option 1 is chosen; or
reduced to $0.00 if
Option 2 is chosen
Third Installment is
eliminated
"Subject to credits for additional impact fees paid pursuant to pursuant
to this paragraph.
6. All cash payments made to the City must be applied by the
City toward the following improvements:
a. Significantly and adversely impacted roads and
intersections identified above with a priority given to those
improvements which benefit traffic east of I-75.
b. Other non -site related roadway improvements benefiting
the Development which, if constructed, will reduce traffic
impacts on one or more of the listed segments.
7. Building permits for permanent residential, office or
commercial structures may be issued while the Development Agreement
is being processed by both parties (through and including the deadline
date for execution of the Development Agreement established in
paragraph E.5. above), up to the following cumulative maximums:
1,062 dwelling units (660 multi -family and 402 single-family detached);
22
RESOLUTION NO. 2014-24
225,000 square feet of retail; 300,000 square feet of office; and 110 hotel
rooms. These uses will be subject to the payment of impacts fees until
the Development Agreement is executed. The value of the mitigation
actions (including roads impact fee payments) made while the
Development Agreement is being processed shall be credited against the
Project's first cash installment payment. Once the Development
Agreement is fully executed, concurrency for the buildout level of
development shall be vested and will remain in effect provided there is
continuing compliance with the terms of the Agreement. However,
coincident with the second installment payment as identified in
condition E.5.f., above, the Master Developer will provide a summary of
the development activity within the DRI to the date of the second
installment payment. The development summary will include the level
of development (units, square footage, etc.) built to date and the level of
pending development (units, square footage, etc.) with a valid building
permit. The level of existing and pending development 1&411 be e Fea
seeend installment payment. [Text is no longer required due to
adjustments to the Development Parameters.]
8. The right-of-way dedications, improvements, and payments
specified above were made in the timeframes as described above and in
the Development Agreement, and the development schedule and impact
levels remain consistent with the Development Order, the level of
development for buildout identified in paragraph A.3., will be deemed to
have met the transportation concurrency management requirements as
23
RESOLUTION NO. 2014-24
outlined above. If the Master Developer does not complete the
referenced mitigation, does not make the payments as described above
and as reflected later in the Development Agreement, and/or does not
adhere to the development schedule and impact levels approved through
this Development Order, then no further building permits will be issued
until the Master Developer completes the mitigation, and makes the
payments identified.
9. No individual site developer within The Forum DRI is
obligated to pay road impact fees to the City once the Development
Agreement is executed and is in full force and effect. The payment of the
proportionate share in accordance with this Development Order and the
Development Agreement addresses the project's impacts on the
transportation network and is in lieu of the payment of road impact fees
on a building permit by building permit basis. Except for platted single
family lots in residential plats recorded prior to the effective date of this
Resolution and the YMCA and neighborhood park sites identified in
paragraph J. below, when individual site developers apply for building
permits within The Forum (or, in the case of residential subdivisions
approved after the effective date of this Resolution, when permits for site
work approval are requested), the building permits will not be issued
until the City has been provided notarized documentation from the
Master Developer stating the development parameters allocated by the
Master Developer. It shall be the Master Developer's responsibility to
ensure that development allocations do not exceed the development
parameters approved pursuant to this Resolution, and the City shall
assist by not issuing any development approvals that exceed the
development parameters identified in the Master Developer's notarized
statement.
24
RESOLUTION NO. 2014-24
10. Biennial Traffic Monitoring Report
a. The Master Developer, or its assignee, shall submit a
standard DRI biennial monitoring report to the following
entities for review and approval: City of Fort Myers, Lee
County Department of Transportation (LCDOT), the Florida
Department of Transportation (FDOT), FPGA Florida
Department of Economic Opportunity, and the SWFRPC.
The first monitoring report shall be submitted one (1) year
after the effective date of this DRI Development Order, and
further reportings shall be submitted not later than
biennially thereafter. The biennial traffic monitoring report
will be designed in conjunction with the City, LCDOT,
FDOT, and the SWFRPC. Assumptions within the DRI
traffic analysis will require that the Master Developer
perform origin destination surveys to quantify the actual
internal capture between driveways along Forum
Boulevard.
b. Since the Master Developer will be entering into a
Development Agreement with the City and mitigating its
impacts through the established mitigation schedule, the
biennial monitoring program will measure the Project's
actual external trip generation and evaluate conditions at
the Project's access points. The biennial monitoring report
must contain the following information.
(1) P.M. peak hour traffic counts with turning
movements at the Project's access points onto
Forum Boulevard, Colonial Boulevard, and State
Road 82.
25
RESOLUTION NO. 2014-24
(2) Origin -destination data with respect to internal
capture.
(3) A comparison of field -measured Project external
driveway traffic volumes to the Project trip
generation assumed in the DRI analysis. The
Project's trip generation used in the DRI traffic
analysis was 5,402 P.M. peak hour external driveway
trips at Buildout. The field measured Project
external driveway traffic volumes will also be
compared to the transportation concurrency
requirements of paragraph E.7. above.
(4) Existing P.M. peak hour levels of service and needed
improvements at the Project's access points.
(5) Summary of Development Activities to Date.
(6) Estimate of the level of development expected to be
added in the next 2 years.
(7) Status of road improvements addressing any
deviations from the schedule assumed in the ADA.
(8) The amount of external traffic and the proportion of
traffic that is retained internally to the site and that
which is accessing the external road network.
(9) Status report on achieving intermodal links and
access to transit.
If the biennial traffic monitoring report reveals that the Project's
net new external trip generation is greater than estimated and exceeds
the thresholds identified in Section 380.06(19) (b)15, Florida Statutes,
then the statutory provisions regarding substantial deviations will take
effect.
C
RESOLUTION NO. 2014-24
11. The approved parameters, as specified in this Development
Order, may be modified by the Master Developer without further
amendment to this Development Order, subject to the following.
a. This transfer or conversion may occur subject to the
following conversion table:
TO
Single-
Multi-
Assisted
Inde-
Retail
General
Medical
Indus-
Hotel
Family
Living
Office
Office
LAND
Family
pendent
(sg.ft.)
trial
rooms
(d.u.)
L�J
Living
USE
d( u.)
(so.ft.)
(sa.ft.)
(sa.ft.)
d.u.
Single_
Family
1_0
1_7
4_1
5_4
350
675
250
840
1_5
Per d.u.
Multi -
Family
0_6
1_0
2_4
3_2
210
400
150
500
0_9
Per d.u.
Assisted
Livin
0_2
0_4
1_0
1_3
85
160
60
205
0_4
Per d.u.
Indepen-
dent
Livin
0_2
0_
3
0_8
_
10
65
125
45
155
0_3
Per d.u.
Retail
(Per 1.000
2_8
4_8
11.6
15.2
1.000
1.910
725
2.395
4_3
s .ft.
General
FROM
OfBce
(Per 1.000
1_5
2_5
6_1
8_0
520
1.000
375
1,250
2_3
s . ft.
Medical
Office
(Per 1.000
3_
9
_
66
16.1
21.0
1,375
2.635
1.000
3,300
6_0
s .ft.
Industrial
(Per 1.000
1_2
2_0
4_9
6_4
415
795
300
11000
1_8
s .ft.
Hotel
Per room
0_7
1_1
2_7
3_5
230
440
165
555
1_0
Footnotes:
(1) LUG 254 used fer- Assisted r ;, Facility based on ane bed per dwelling unit.
As speei€ied in Lee Geunty Development -Cede See. 34 1494,o bed is
1. In an Assisted Living Facility, one bed is equivalent to one dwelling unit. In an
Independent Living Facility, one bed is equivalent to one dwelling unit even if
cooking facilities are available in the unit.
27
RESOLUTION NO. 2014-24
Land se
To
ogle-
Fami
Mum
Fan
Retai
Genera
Offie
Tediea_l
ofiee
H-VtC
ra,,
1
l
(sq.
{)
/k
(sq.
F
F
e
Single-
faMiy
4-.0
4-.-8
350
690
32.5
4-.3
fn
Fo
Y�7
4-95
38�0�
44
Q-.
D tea,., � 1�
Re tai
!,-G00
p
yr-
54
�
1,000
1,945
r80
92-5
3-.9
TreF
General
offlee
Y 5
Y-A
540
1,000
475
Y 7
(PeT
nnn
(��'Me�}
34
&.5
4�9
2-,1$5
�A00
44
14A*e2Ter
V 9
4-4
265
529
r
i 0
b. This transfer or conversion may occur provided that: 1) the
external trips Wioriginally approved for the DRI remainthe
same (i.e.� which will be reduced from the 5,402 peak hour
external trips originally approved to 4,834 external trips for
Option 1 and 4,590 external trips for Option 2 are not
exceeded; and 2) no additional impact will occur to other
public facilities (such as sewer and water) and; 3) the
conversion will not create a cumulative regionally
significant need for affordable housing. Further, no
alteration to the Map H may occur as a result of the
conversion.
E The e'ohii e-f Eer}V@r—aio ion is limited to no mei-e than the
.
... &
.....
0
RESOLUTION NO. 2014-24
cd. Thirty (30) days notice of any conversion must be provided
to the City, County, FDGA Florida Department of Economic
Opportunity and SWFRPC. In addition, the amount of
conversion must be reported as part of the subsequent
monitoring report.
F. WETLANDS/VEGETATION AND WILDLIFE
1. An ongoing program for the removal and control of
nuisance exotic plants has been instituted by one or more management
entities, and will be continued for the project as required by applicable
permits.
2. Approximately 75.9 acres shall be preserved as shown on
Map H.
3. Portions of the lake littoral zones for mitigation shall be
planted with either cypress seedlings or appropriate emergent and
submerged species, as required by the SFWMD permit for the project.
4. The haul road in Parcel C (.5 acres along southeastern
property line) shall be removed and revegetated to the extent permitted
by the reviewing agencies, at the time the parcel(s) which includes the
haul road is developed.
5. An on -site analysis and inspection for endangered or
threatened species has been completed, and no threatened or
endangered species were identified. If species are found during
construction, the appropriate agencies will be contacted to coordinate
the necessary permit modifications, and related management actions
that may be necessary.
6. As part of the zoning approval for interstate signs at the
Forum, the Master Developer committed to provide the City with
$50,000.00 to be used for enhanced landscaping along Colonial
Boulevard. This funding will be provided by the Master Developer to the
W
RESOLUTION NO. 2014-24
City no later than six (6) months after the effective date of this
Resolution, and, upon payment as provided above, this provision of the
Forum's Planned Unit Development Ordinance (Ordinance No. 3191) will
be deemed satisfied.
G. WATER CONSERVATION
1. The builder of the commercial and residential buildings
shall incorporate the use of water conserving devices as required by
state law (Section 553.14. Florida Statutes).
2. For the purpose of non -potable water conservation, the
Master Developer of the Forum shall require, through the use of deed
restrictions, the utilization of xeriscape principles in the design and
installation of the project's landscaping.
3. No irrigation shall take place on the site between the hours
of 9:00 A.M. and 5:00 P.M. after the establishment of landscaping, to the
exclusion of any secondary system applications.
4. Prior to the construction of each approved individual site,
the individual builder/ developer of the site shall show verification,
acceptable to the City of Fort Myers that adequate water and wastewater
facilities are available for that respective portion of construction.
5. The lowest quality of water practical shall be utilized for all
non -potable water use. A centralized irrigation water supply system
shall be considered, especially if reclaimed wastewater is utilized on -site.
H. SOLID WASTE
1 The owners and tenants of the vertical development shall
investigate methods of reducing solid waste volume at the project. The
project will be bound by all applicable recycling requirements in effect
in the City of Fort Myers.
2. The owners and tenants of the vertical development shall
identify to the City proper on -site handling and temporary storage
30
RESOLUTION NO. 2014-24
procedures for hazardous waste that may be generated on -site, in
accordance with local, regional and state hazardous waste programs.
3. Any off -site disposal of hazardous waste will be the
responsibility of the business that has generated the hazardous waste.
All local and state regulations must be followed by the business entity
disposing of the hazardous waste. All hazardous wastes and all
hazardous materials must be handled, stored, and applied in
accordance with all applicable regulations. The entity that handles,
stores, applies, or otherwise uses the hazardous wastes and materials
must do so in accordance with all applicable laws and regulations.
4. Any medical facility shall ensure that all medical wastes or
waste by-products will be disposed of in accordance with current
industry guidelines and all applicable local, state and federal laws.
5. Site developers will explore the possibility of mulching trees
and brush from clearing activities within the project in order to meet
on -site mulch needs.
I. WASTEWATER MANAGEMENT
1. The owner/tenants of vertical structures should provide
assurances that all special wastewater containing hazardous waste
materials shall be segregated from everyday wastewater and handled in
accordance with the Florida Department of Environmental Protection
criteria.
2. The Master Developer and subsequent property owners'
associations established within the Project shall accept treated
wastewater effluent in bulk from the City of Fort Myers Utility
Department for irrigation purposes if environmental and economical
constraints can be alleviated to all parties' satisfaction.
3. Restaurant owners must comply with any applicable
regulations of the city or of the utility provider in regards to the
31
RESOLUTION NO. 2014-24
installation and maintenance of grease traps, and shall meet all other
regulatory standards and approval requirements.
4. Discharge of hazardous waste effluent into the sewage
system is prohibited unless approved by permit issued by the
Department of Environmental Protection. Any person or entity that
proposes to discharge hazardous waste effluent into the sewage system
shall be responsible for obtaining the appropriate permit or approval for
such action.
J. RECREATION AND OPEN SPACE
1. Neighborhood Park. The Master Developer has addressed
the neighborhood park impacts created by The Forum through an
agreement that provides for the donation of Lot 5 on Map H of 5.4 acres
of land to the City for the installation of neighborhood recreation
facilities, on the east side of Forum Boulevard south of the proposed
Hanson Street Extension. This agreement will be amended to:
a. provide that the 5.4 acres previously identified for
neighborhood park purposes will not be conveyed to the
City but will remain as passive recreation and open space,
and may be excavated for lake purposes; and
b. provide that Lot 15 Lot 16 on Map H attached hereto as
Exhibit "C" will be conveyed to the City for Neighborhood
Park use within forty-five (45) days of the effective date of
Resolution No. 2006-37 on August 14, 2006, at no cost to
the City. Completed.
2. Community Park. The Master Developer will address the
community park impacts created by The Forum through an agreement
that provides for the donation of land to the YMCA for the installation of
community recreation activities. The site to be donated to the YMCA
shall be a parcel consisting of 4.54 acres of developable land located on
32
RESOLUTION NO. 2014-24
the west side of Forum Boulevard south of the proposed Hanson Street
Extension, identified as Parcel 16 on Map H. This land donation to the
YMCA shall be accomplished by the Master Developer at no cost to the
YMCA, and shall occur no later than forty-five days after the effective
date of this Resolution. Proof of such conveyance shall be filed with the
City.
3. Upon completion of the land conveyances described above,
the neighborhood and community park obligations of this project will be
deemed satisfied.
K. PUBLIC SAFETY
1. The Builder paid the Fire impact fees for the first
332 multi -family units when the first building permit was obtained for a
multi -family building. Any subsequent multi -family builder must
prepay the fire impact fees for all units at the time of issuance of the
first building permit for the multi -family development.
2. The Builder must pre -pay the fire impact fees for all platted
single family lots within the single family plat in question. There may be
one or more single family plats filed and approved within The Forum,
and the builder is only obligated to pre -pay the fire impact fees for the
units within the plat where the single family building being permitted is
located. If the developer plats the entire single family area(s) at one
time, the builder must then pre -pay the fire impact fees for the next one
hundred fifty (150) units (the annual absorption rate), and one year
thereafter, the developer must pre -pay the Fire impact fees for the next
one hundred fifty (150) units, and in the third year the developer must
pre -pay the fire impact fees for the remaining one hundred thirty (130)
units. If the absorption rate is significantly lower than the one hundred
fifty (150) units per year anticipated, then the builder and the City of
33
RESOLUTION NO. 2014-24
Fort Myers can make a reasonable adjustment to the amount of fees that
must be pre -paid on an annual basis.
3. For the previously approved Phase I residential
development, the Master Developer was required to pay $45,000.00 to
the City of Fort Myers for the acquisition and maintenance of a police
cruiser. The $45,000.00 was paid to the City on July 7, 2006.
4. The Master Developer shall provide funds for the
acquisition and maintenance of three (3) additional police cruisers at a
cost of $55,603.00 each (in 2005 dollars) for the additional 494 units
approved as part of this substantial deviation. The funding will be
provided on the following schedule: (1) $55,603.00 will be paid within
sixty (60) days of the effective date of this Resolution; (2) $57,603.00 will
be paid within one (1) year of the effective date of this Resolution; and
(3) $59,603.00 will be paid upon the issuance of a building permit for
the 1,063rd residential dwelling unit.
5. All developers shall co-ordinate with the City to ensure the
extension of water lines to provide for adequate fire flow. Prior to the
extension of water lines, the required fire flow and size of piping
necessary will be determined in coordination with the City of Fort Myers
Fire Marshal's Office.
6. Any connection to natural gas lines will be coordinated
with the appropriate authorities for all required inspections and
approvals. All natural gas service must meet all local, state, and federal
safety requirements.
7. Any building where hazardous materials/wastes are to be
used, displayed, handled, generated or stored will be constructed with
impervious floors with adequate floor drains leading to separate
impervious holding facilities that are adequate to contain and safely
facilitate cleanups of any spills, leakage or contaminated substances.
34
RESOLUTION NO. 2014-24
Facilities qualifying under the Superfund Amendments Reauthorization
Act (SARA) Title III of 1986, and the Florida Hazardous Materials
Emergency Response and Community Right to Know Act of 1988, shall
file hazardous materials reporting applications in accordance with said
Acts. Applications shall be updated annually by each reporting facility.
L. AFFORDABLE HOUSING
The Master Developer will mitigate The Forum's impacts on affordable
housing as follows:
1. Pursuant to Florida Administrative Code
Rule 9J-2.048(3)(c), the Master Developer studied the available supply of
affordable housing units utilizing the East Central Florida Regional
Planning Council Housing Methodology and determined that The Forum
DRI has no regionally significant impact on very low, low, and moderate
income housing.
2. The Developer recognizes that the City of Fort Myers
Comprehensive Plan requires that the City address affordable housing
needs throughout the City. Further, the report and recommendation of
the SWFRPC recommends that the development order contain one of
three options to address affordable housing needs in the region.
Accordingly, in order to address the comprehensive plan requirements
and the recommendation of the SWFRPC, the Developer shall contribute
$535,500.00 to the City's Affordable Housing Trust Fund to assist the
City in addressing local affordable housing needs. This payment will be
made in three equal installments of $178,500.00. The first installment
will be made within six months of the effective date of this Resolution,
the second installment will be made on the first anniversary of the first
installment, and the third installment will be made on the second
anniversary of the first installment.
35
RESOLUTION NO. 2014-24
3. If the Master Developer files a Notice of Proposed Change
that extends the buildout of the DRI beyond 2012 and changes the
development parameters approved herein, the Master Developer must
reanalyze the project's impacts on affordable housing. If the analysis
indicates that there will be regionally significant impacts, the Master
Developer must mitigate those impacts in accordance with the applicable
regulations in effect at that time.
M. PUBLIC ART
1. The Master Developer of The Forum will contribute the sum
of $150,000.00 to the City for use in the City's "art in public places"
program. This payment will be made to the City no later than six (6)
months after the effective date of this Resolution. The City commits to
utilize $100,000.00 of the contributed funds within the project:
$50,000.00 in conjunction with the construction of the YMCA facility
identified in paragraph J above and $50,000.00 to be utilized in public
areas of The Forum (subject to review and approval of The Forum's
Design Review Committee). The remaining $50,000.00 will be utilized by
the City in accordance with established City procedures.
N. GENERAL CONDITIONS
1. All commitments and impact -mitigating actions provided by
the applicant within the Application for Development Approval (and
supplementary documents) that are not in conflict with specific
conditions for project approval outlined above are officially adopted as
conditions for approval.
2. The Master Developer shall submit a biennial report on the
development of regional impact to the City of Fort Myers, the Southwest
Florida Regional Planning Council, Department of Community Aff-air-8
Economic Opportunity, and all affected permit agencies as required in
Chapter 380.06(16) Florida Statutes.
36
RESOLUTION NO. 2014-24
3. Prior to the issuance of any local development order or
permit by the City for any development within the project, the City will
determine if the proposed development is consistent with this
Development Order and the City's Comprehensive Plan, and whether the
proposed development is consistent with the concurrency management
plan of the City and Lee County. However, if the terms of this
Development Order and the subsequent Development Agreement are
met, the project is vested for purposes of transportation concurrency.
4. The development phasing schedule adopted pursuant to
this development is a condition of approval for the project. If
development order conditions and applicant commitments incorporated
within the Development Order, ADA or sufficiency responses to mitigate
regional impacts are not carried out as indicated to the extent or in
accord with the timing schedules specified within this development order
and its adopted phasing schedule, then this shall be presumed to be a
substantial deviation for the affected regional issue.
5. All signs will be designed and installed in accordance with
Ordinance No. 3191 adopted on April 5, 2004. The ordinance is on file
in the Office of the City Clerk as Exhibit J.
O. LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT
ORDER AND ADMINISTRATIVE REQUIREMENTS
1. This resolution of the City of Fort Myers, adopted by City
Council in response to the Development of Regional Impact Application
for Development Approval filed for Omni Interstate Park (now known as
The Forum) and the substantial deviation application, shall constitute
the complete Development Order for The Forum DRI adopted pursuant
to Section 380.06, Florida Statutes.
2. This Development Order shall be binding on the Master
Developer and its heirs, assignees, or successors in interest including
37
RESOLUTION NO. 2014-24
the Master Property Owner's Association for the project. Those portions
of this Development Order which clearly apply only to the Master
Developer, shall not be construed to be binding upon future owners of
the project lots.
3. The terms and conditions set out in this document
constitute a basis upon which the Master Developer and City may rely in
future actions necessary to implement fully the final development
contemplated by this Development Order.
4. All conditions, restrictions, stipulations and safeguards
contained in this Development Order may be enforced by either party
hereto by action at law or equity, and all costs of such proceedings,
including reasonable attorney's fees, shall be paid by the non -prevailing
party.
5. Any reference herein to any governmental agency shall be
construed to mean any future instrumentality which may be created and
designated as successor in interest to or which otherwise possesses any
of the powers and duties of any referenced governmental agency in
existence on the effective date of this Development Order.
6. The approval granted by this Development Order is limited.
Such approval shall not be construed to obviate the duty of the Master
Developer, or any individual lot owners or tenants within the project, to
comply with all applicable local or state review and permitting
procedures, except where otherwise specifically provided. Such approval
shall also not obviate the duty of the Master Developer to comply with
any applicable City Ordinance or other regulations adopted after the
effective date of this Development Order. This Development Order is a
document upon which both parties can rely.
7. Subsequent requests for local development permits shall
not require further review pursuant to Section 380.06, Florida Statutes,
Kn
RESOLUTION NO. 2014-24
unless it is found by the City Council, after due notice and hearing, that
one or more of the following is present:
a. A substantial deviation from the terms or conditions of this
Development Order, or other changes to the approved
development plans which create a reasonable likelihood of
adverse regional impacts or other regional impacts which
were not evaluated in the review by the Southwest Florida
Regional Planning Council;
b. An expiration of the period of effectiveness of this
Development Order as herein provided;
C. If the City, during the course of monitoring the project,
demonstrates that substantial changes in the conditions
underlying the approval of the development order have
occurred or that the development order was based upon
substantially inaccurate information provided by the
Master Developer, resulting in additional substantial
regional impacts, then a substantial deviation shall be
deemed to have occurred, and no further development shall
occur until further addressed pursuant to Section 380.06,
Florida Statutes.
Upon a finding that any of the above is present, the City Council
may order a termination of all development activity until such time as a
new Development of Regional Impact Application for Development
Approval has been submitted, reviewed and approved in accordance
with Section 380.06, Florida Statutes, and all local approvals have been
obtained.
8. The deadline for commencing physical development under
this Development Order was five (5) years from the date of adoption of
the initial DRI Order, and this deadline was met. The buildout date
39
RESOLUTION NO. 2014-24
shall be December 31, 2012 2019. This Development Order shall
otherwise terminate on December 31, 2015 2020. An extension of time
can be obtained in accordance with the requirements of
Section 380.06(19), Florida Statutes, as it may be amended. For the
process of determining when the buildout date has been exceeded, the
time shall be tolled during the pendency of administrative and judicial
proceedings relating to development permits.
9. The Community Development Director of the City of Fort
Myers or his designee, shall be the local official responsible for assuring
compliance with this Development Order.
10. The Master Developer, or its successors in title to the
undeveloped portion of the subject property, shall submit a report
biennially to the Fort Myers City Council, the Southwest Florida
Regional Planning Council, the State Land Planning Agency (the
Department of Community Affairs —Economic Opportunity), and all
affected permit agencies as required in Subsection 330.06(18), Florida
Statutes. This report shall describe the state of development and
compliance as of the date of submission, and shall further be consistent
with the rules of the State Land Planning Agency. The biennial report
shall contain information as specified in Exhibit "I".
The first monitoring report shall be submitted to the Community
Development Director not later than one (1) year from the effective date
of this development order, and further reportings shall be submitted not
later than biennially thereafter. Failure to comply with this reporting
procedure is governed by Section 380.06(18), Florida Statutes, and the
Master Developer shall so inform any successor in title to any
undeveloped portion of the real property covered by the Development
Order. This shall not be construed to require reporting from tenants or
owners of individual lots or units.
W
RESOLUTION NO. 2014-24
P. REPEAL OF RESOLUTION NO. 2006-37
1. Resolution No. 2006-37 is hereby repealed by Resolution
No. 2014-24 and deemed of no further force and effect.
H
SEVERABILITY
1. If any section, subsection, sentence, clause or phrase of
this Resolution, or the particular application thereof, shall be held
invalid by any court, administrative agency, or other body with
appropriate jurisdiction, the remaining section, subsection, sentences,
clauses, or phrases under application shall not be effected thereby.
R. TRANSMITTAL; EFFECTIVE DATE
1. Certified copies of this Development Order will be
forwarded to the Southwest Florida Regional Planning Council, the
Master Developer, the Department of Community °gain-s Economic
Opportunity and other appropriate state agencies. This Development
Order is rendered as of the date of that transmittal, but shall not become
effective until the expiration of the statutory appeals period
(forty-five (45) days from rendition) or until the completion of any
appellate proceedings, whichever time is later. Upon this Development
Order becoming effective, notice of its adoption shall be recorded in the
Office of the Clerk of the Circuit Court by the Master Developer, as
provided in Section 380.06(15), Florida Statutes.
41
RESOLUTION NO. 2 014 - 2 4
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 2nd day of September, A.D., 2014.
p.m.
Aye
Aye
Aye
Aye
Aye
Thomas C. Leonardo
Council Members
APPROVED this 2nd day of September, A.D., 2014, at 7 : 01 o'clock
Aye Q4U ek
Randall P. Henderson, Jr.
Mayor
FILED in the Office of the City Clerk this 2nd day of September,
A.D., 2014
42
Marie Adams, MMC
City Clerk
RESOLUTION NO. 2014-24
EXHIBIT A
LEGAL DESCRIPTION
THE FORUM
IN SECTIONS 22, 26 AND 27
TOWNSHIP 44 SOUTH, RANGE 25 EAST
CITY OF FORT MYERS, LEE COUNTY, FLORIDA
All that part of Section 22, Township 44 South, Range 25 East lying
southwesterly of Immokalee Road (State Road 82) and easterly and
southerly of Interstate 75 (State Road 93); and
All that part of the West Half (W 1/2) of the Northwest Quarter (NW 1/4)
Section 26, Township 44 South, Range 25 East lying northwesterly of Six
Mile Cypress as described in deed recorded in Official Record Book 1608
at Page 24 and northwesterly of Audubon Tract as described in Official
Record Book 1119 at Page 1031, Lee County records; and
All that part of Section 27, Township 44 South, Range 25 East lying
easterly of Interstate 75 (State Road 93), northerly of Colonial Boulevard
(State Road 884) and northerly and northwesterly of Six Mile Cypress as
described in deed recorded in Official Record Book 1608 at Page 24, Lee
County records.
Containing 706.3 acres, more or less (from Resolution No. 88-28).
1
RESOLUTION NO. 2014-24
EXHIBIT B
LOCATION MAP
THE FORUM DRI
City or Fort Nye=
Location Map - Foram DRI
Case no. 14-DRI-02.
Q1te1 L ocwon N Dame: 5/2/2014
�err��j�irr ter+. 71. oyl Yr Yr�
�City Boundary W E �._..__,_._.....-�-�_�-,,•
1,M SDI D lAW Fed ryrwyr�rrr�.
L i I I S. Mrrew..-o�arrrrr.
1
RESOLUTION NO. 2014-24
EXHIBIT C
MAP H AS ADOPTED BY RESOLUTION NO. 2006-37
1!
41.22 AO.
MU-2
II A
� 16
4.29 AC. _
SHOORHOO
PARK
17
02.23 AC-
MU-3
3e
MU 2-2 2
NU
n
p :0
y 10.929
i Mu-1
In
1.99 AC. pg
MU-1 5.34 AC.
q� YU-3Mu-3
9
tans Ac,
11
92.77 AC.
MU-3
7a
- 4.58 AC.
Mu -a
fi
IA10E 7.90 AC.
e
91.4E AG
MU-3
b
a
- z.75 AC
Mu-1
—21.90 AG
MU-3
a
_ 5.40 AC.
OPEN OWE/LAKE
S>' PRESERVE
COMPE71 TI
Em
is
AC.
LAKE4w`4
COMM. FACIUTY/YMCA
4
PRESERVE
PdOG AO.
Yu-3
N3-1
RETAIL. QFnM HOTEL
M33 AC.
NU-3
NO-t
RETAIL. OFPIff. HOWL. "BLUMIAL
NR�3
RETAIL. ORICEy HOEL. REGEEPTnAL
1473 AC.
Mu-3
PRESERVE
92AB AC
MU-1
� 1
13.M3 PrC.
Mu-1
9ffi Z�
PA6 AC. 3.D4 A
MU-1 MU-1
IA
11.25 AC.
L Mu-1
76
P-75 AC.
NU-1
WID UM P,AMME M
(PHW n
(PHASE 10
IETAIL ALy000 aP
RETAIL
4Q K4 OF
OFFN E 100,000 SF
19TR NpIAL IMAMS 9F
OFFICE
Pimim'RIAL
W150 SF
HOTEL 102 ROONS
HDTEL
43O RDDY9
RL7MMOL 7W UAITa
IL70EA11&
410 IAUEOE
CONEUNEIY FAOLEIYAUCA
90,0110 BF
LAND IHE
ACRES
RESEEHTOLL
174.9
PETAL
171A
OFALE
M.3
HUM
11..7
INDLIFMAL
67
EMOMC ROW
N.3
MA140M SIREEf ROM
13.3
OPEN SPACE
--
-LAKES
920
-PRESMiYE
769
-MM. OPEN SPACE
7D.2
-LVLPEISATNO SrEFI F
1E.0
OWNUIM PALIUTT
--
-IdEGHOVIHOW PARK
1.3
-CO"NTT PARK
4,3
7OL9
:A9 4t01N�A1 SHEET M"Tn Am=� pL�"r- mr lw
PA. am MOO Tw FoRi 14
PORT MIE1� FLdO3 i'M02-7900
PHAX 334-ODId
ENGINEERING EFiP.&UL WZ Ive-o4-De 3001P91e RS-04-'m Nra 1
1