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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