HomeMy WebLinkAboutOrdinance - City Council - Regular - 3204 - 6/7/2004ORDINANCE NO. 3204
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, GRANTING A PLANNED UNIT
DEVELOPMENT FOR PALOMINO ESTATES LOCATED IN
SECTIONS 3, 4, AND 10, TOWNSHIP 45 SOUTH, RANGE 25
EAST, LEE COUNTY, FLORIDA; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT
MYERS, FLORIDA, that:
SECTION 1. Worthington Holdings, LLC, (Worthington), as owner,
has requested a Planned Unit Development on the hereinafter described
property.
SECTION 2. The parcel of land on which the Planned Unit
Development is granted is described in Exhibit "A" and reflected on the maps
attached hereto as Exhibit "B" and incorporated herein by reference.
SECTION 3. The Planned Unit Development allows for development
of a residential community to be known as Palomino Estates located on a
tract of land approximately 287.93 acres in size. The project will consist
generally of 700 dwelling units, a club house/recreational center and a
neighborhood park.
SECTION 4. Development of the Palomino Estates Planned Unit
Development shall be in accordance with the following terms and conditions:
A. The project is to be a phased development with an expected
project build out of ten (10) years from June 7, 2004. Vertical
development is expected to commence in year 2005. Failure to
obtain a building permit or commence construction as
provided herein within two (2) years and to continue
construction in good faith to substantial completion, or the
passage of ten (10) years from June 7, 2004, will cause the
ORDINANCE NO. 3204
Planned Unit Development to expire without necessity of
further notice and be of no further force and effect.
B. Development shall generally comply with the final approved
Master Concept Plan for Palomino Estates, attached hereto as
Exhibit "B" and incorporated herein by reference.
C. The overall density for that portion of Palomino Estates
described as the Northwest Quarter of Section 10,
Township 45 South, Range 25 East shall not exceed
2.0 dwelling units per acre, and the density on uplands
located on this portion of the project shall not exceed
4.0 dwelling units per acre.
D. Worthington shall implement the surface water monitoring
plan attached hereto as Exhibit "C" and incorporated herein
by reference. Worthington will ensure that the water
monitoring and reporting obligations shall be incorporated as
a legally binding obligation upon the future Palomino Estates
Community Association, Inc. and/or any other entity charged
with the operation and maintenance of the surface water
management system for Palomino Estates. The City of Fort
Myers will enforce the monitoring and reporting requirements
of Exhibit "C", but will not be obligated to enforce the water
quality standards (or any exceedance of such standards) on
the project, unless it desires to do so.
E. The deviations approved for this project, as identified on the
Planned Unit Development Site Plan, prepared by Community
Engineering Services, Inc., with a revision date of May 17,
2004, are as follows:
(1cq City Code Requirement. Sec.25-66. Schedule of
district regulations.
(1) Minimum lot size
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ORDINANCE NO. 3204
(a) Single-family (A-1)
2. Width: 60 feet
Deviation: The minimum width shall be fifty (50) feet for
single-family villas and single-family zero lot
line.
(1 b) City Code Requirement: Sec. 25-66. Schedule of
district regulations.
(1) Minimum living area square feet
(a) Single-family (A-1): 1,000 square feet
Deviation: The minimum living area shall be seven
hundred (700) square feet for
single-family zero lot line.
(lc) City Code Requirement: Sec.25-66. Schedule of
district regulations.
(3) Maximum lot coverage: (A-1) 40% and (A-3) 45%
Deviation: The maximum lot coverage shall be forty-two
and one-half percent (42.5%) for single-family
villas (A-1) and single-family zero lot line (A-1) .
The maximum lot coverage shall be fifty-two
percent (52%) for single-family homes (A-1) and
single-family attached (A-3).
(1 d) City Code Requirement: Sec. 25-66. Schedule of
district regulations.
(4) Maximum building height (A-1): 32 feet.
Deviation: The maximum building height shall be
thirty-five (35) feet for single-family villas, single-
family homes, and single-family zero lot line.
(1e) City Code Requirement: Sec.25-66. Schedule of
district regulations.
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ORDINANCE NO. 3204
(4) Maximum building height (A-3): Height cannot
exceed twice the least proposed yard setback.
Deviation: The maximum building height shall be sixty (60)
feet, regardless of side yard setback, for
multi -family buildings.
(1,) City Code Requirement: Sec. 25-66. Schedule of
district regulations.
(4) Maximum building height: Height cannot exceed
twice the least proposed yard setback.
Deviation: The maximum building height , shall be
thirty-five (35) feet, regardless of side yard
setback, for single-family attached units.
(1g) City Code Requirement: Sec.25-66. Schedule of
district regulations.
(5) Minimum front yard setback: 25 feet
Deviation: A minimum front yard setback to twenty (20)
feet shall be permitted for all residential units.
(114 City Code Requirement. Sec.25-66. Schedule of
district regulations.
(6) Minimum side yard setback (A-1): 10 feet
Deviation: A minimum side yard setback of five (5) feet
shall be permitted for single-family villas and
single-family homes.
(11) City Code Requirement: Sec.25-66. Schedule of
district regulations.
(6) Minimum side yard setback (A-3): 7 feet
Deviation: A minimum side yard setback of five (5) feet one
side and zero (0) feet the other side shall be
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ORDINANCE NO. 3204
permitted for outer units of single-family
attached units.
(Ij) City Code Requirement: Sec. 25-66. Schedule of
district regulations.
(6) Minimum side yard setback (A-1): 10 feet
Deviation: A minimum side yard setback of ten (10) feet on
one side and zero (0) feet on the other shall be
permitted for single-family zero lot line.
(1k) City Code Requirement: Sec.25-66. Schedule of
district regulations.
(6) Minimum side yard setback: 7 feet
Deviation: A minimum side yard setback of zero (0) feet or
seven (7) feet shall be permitted for fee simple
units in multi -family buildings.
(I t) City Code Requirement. Sec. 25-66. Schedule of
district regulations.
(8) Minimum waterfront yard setback: 25 feet
Deviation: A minimum waterfront yard setback of
twenty (20) feet for attached pools with a
twenty-five (25) foot setback for buildings shall
be permitted for all residential districts.
(2a) City Code Requirement: Sec.25-231. Building
setbacks.
All buildings in a recreation district (REC) shall be
located at least thirty (30) feet or one-half (1 / 2) the
width of the street right-of-way, whichever is larger,
from all existing and proposed streets and at least
twenty-five (25) feet from all property lines.
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ORDINANCE NO. 3204
Deviation: A minimum front yard setback of twenty (20)
feet shall be permitted for recreational facilities.
(2b) City Code Requirement: Sec.25-231. Building
setbacks.
All buildings in a recreation district (REC) shall be
located at least thirty (30) feet or one-half (1 / 2) the
width of the street right-of-way, whichever is larger,
from all existing and proposed streets and at least
twenty-five (25) feet from all property lines.
Deviation: A minimum side yard setback of twenty (20) feet
shall be permitted for recreational facilities.
(2c) City Code Requirement: Sec.25-231. Building
setbacks.
All buildings in a recreation district (REC) shall be
located at least thirty (30) feet or one-half (1 /2) the
width of the street right-of-way, whichever is larger,
from all existing and proposed streets and at least
twenty-five (25) feet from all property lines.
Deviation: A minimum right-of-way setback of twenty (20)
feet shall be permitted for recreational facilities.
(2d) City Code Requirement: Sec. 25-232. Building Height.
The maximum building height in the recreation
district (REC) shall be thirty-two (32) feet.
Deviation: The maximum building height shall be
thirty-five (35) feet, regardless of side yard
setback, for recreational facilities.
(3) City Code Requirement: Sec. 25-271. Fences, Walls
and Hedges.
ORDINANCE NO. 3204
(3) In all residential and professional office districts,
the fencing type utilized for the front yard shall
be one (1) uniform type of material, style and
color. In the case of a corner lot, both street
frontages shall be considered the front yard and
subject to this requirement. The variety of
fencing types in all residential and professional
office districts is limited to three (3) different
types per parcel.
Deviation: A variety of fences will be allowed throughout
the development.
(4) City Code Requirement: Sec.25-288. Model
home/sales office.
Model homes may be permitted in any residential
land use district and are subject to the following
requirements:
(2) Time limit on approval shall be five (5) years
maximum or the completion of lot sales in the
subdivision, whichever comes first. A one-time
extension of approval (up to three (3) additional
years) may be granted by the board of
adjustments.
Deviation: Model homes shall be allowed for up to ten (10)
years or until completion of lot sales.
(5) City Code Requirement: Sec.25-288. Model
home/sales office.
Model homes may be permitted in any residential land
use district and are subject to the following
requirements:
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ORDINANCE NO. 3204
(3) Parking areas must be able to accommodate
four (4) cars.
Deviation: Parking for model units shall be allowed at a
central sales facility.
(6) City Code Requirement: Section 27-99. Residential,
subdivision, commercial, industrial identification signs.
In any land use district, signs, masonry wall,
landscaping and other similar materials or features
may be combined to form a display for neighborhood or
project identification, and shall not exceed one hundred
twenty-five (125) square feet. The legend of such sign
or display shall consist only of the subdivision,
commercial or industrial name, and description of the
project name. No more than two (2) signs shall be
permitted per entrance.
Deviation: Identification signs shall be allowed at two
locations along I-75 in addition to the signs
allowed at project entrances. Sign sizes shall
meet the regulations set forth in Section 27-99.
(7) City Code Requirement: Sec.25-67. No building
permits issued.
No permits for buildings shall be issued prior to the
completion of fifty (50) percent by dollar value of all site
improvements.
Deviation: Building permits shall be allowed prior to
completion of fifty percent (50%) of dollar value
of all site improvements. A bond in the amount
of one hundred fifteen percent (115%) of
ORDINANCE NO. 3204
infrastructure cost will be provided prior to
issuance of building permit for vertical growth.
(8) City Code Requirement: Sec.28-68. No building
permits issued.
No permits for buildings shall be issued prior to the
completion of fifty (50) percent by dollar value of all site
improvements.
Deviation: Clearing, excavation and development area fill
permits shall be allowed prior to approval of the
preliminary plat as long as the planned unit
development, South Florida Water Management
District Permit and Army Corps of Engineers
permits have been approved for the site.
(9) City Code Requirement: Section 28-108. Lots
All lot dimensions and areas shall not be less than the
minimum required for the land use district in which the
lot is located.
(2) Corner lots shall be at least fifteen (15) percent
greater in width than the minimum required for
the land use district in which the lot is located.
Deviation: Corner Lots are allowed to be the same width
as standard lots.
(10) City Code Requirement: Sec. 28-110. Easements.
(a) Easements shall be dedicated for public utilities
and shall be six (6) feet wide along the side lot
lines, and twelve (12) feet wide along the front
and rear property lines. When more than one (1)
lot is used as a building site, the outside
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ORDINANCE NO. 3204
boundary of the building site shall be subject to
such easements.
Deviation: A twelve and one-half (121/2) feet public utilities
easement shall be provided along the
right-of-way. Side and rear easements are
eliminated.
(11) City Code Requirement: Sec. 29-44. Pavement width.
(a) Each traffic lane shall be a minimum twelve (12)
feet in width. Where available or attainable
width of right-of-way imposes limitations,
narrower lanes may be allowed by the public
works department.
Deviation: Ten (10) foot traffic lanes shall be permitted.
(12) City Code Requirement: Sec. 29-44. Pavement
width.
(c) Rights -of -way standards are as follows:
(1) Local Streets
a. Curb and gutter ... 50 feet
Deviation: Forty (40) foot rights -of -way shall be permitted.
(13) City Code Requirement: Sec. 29-63.
Sidewalks/sidewalk ramps.
(a) All streets shall be provided with sidewalks on
each side of the street. Sidewalks shall be a
minimum of five (5) feet wide, with saw joints at
least every five (5) feet. In industrially zoned
areas, sidewalks may be omitted if approved by
the public works department. Sidewalks shall be
located within the right-of-way, abutting the
right-of-way line. F-type gutter is required when
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ORDINANCE NO. 3204
sidewalk is within five (5) feet of pavement edge.
Where a curb is extended past a sidewalk, a
sidewalk ramp meeting the state design
standards for handicapped facilities shall be
installed on both sides of the street.
Deviation: A five (5) foot sidewalk or six (6) foot on -road
pathway alternative will be provided on one side
only.
(14) City Code Requirement: Sec. 29-88. Size of parking
space and accessibility.
(a) The following minimum dimensions for parking
facilities shall apply:
Aisle width: twenty-four (24) feet
Deviation: Aisle widths of twenty (20) feet are allowed
where multi -family units include driveways.
(15) City Code Requirement: Sec. 29-88. Size of parking
space and accessibility.
(b) The following shall apply to all uses except
single- or duplex -family dwellings:
(1) All off-street parking facilities shall be so
arranged that no vehicle shall have to
back into the right-of-way of any street.
Deviation: Multi -family units with driveways shall be
allowed to back -out into the right-of-way.
(16) City Code Requirement: Sec. 30-79. Site plan.
The site plan submitted may be either of the following:
(1) A site plan indicating the total percentage of tree
canopy on the site of the proposed development.
(2) Aerial photographs indicating the total
percentage of tree canopy on the site of the
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ORDINANCE NO. 3204
proposed development. Estimates as to tree
canopy shall be only by a registered landscape
architect, graduate forester, arborist,
horticulturist, or botanist.
Deviation: Florida Land Use, Land Cover Classification
System (FLUCCS), Quad and Soils maps shall be
accepted in lieu of a site plan indicating the total
tree canopy or estimates provided a qualified
professional. All other development shall comply
with the applicable provisions of the City Growth
Management Code.
F. All roads within the Planned Unit Development shall be
privately owned and maintained, unless dedicated to
and accepted by an appropriate governmental entity for
maintenance purposes, in accordance with the
requirements of the Growth Management Code,
Chapter 29 Traffic Circulation and Parking,
Section 29-69 Private Streets. The developer may
submit an operational plan for any guard/gatehouses
in accordance with the requirements of Section 29-70
Guardhouses and gatehouses. This plan shall be
submitted to and approved by the City prior to the first
final plat approval.
SECTION 5. Commitments and requirements of Palomino Estates
are as follows:
A. School impacts associated with the project will be addressed
through the payment of impact fees.
B. The developer shall meet the standards for park and
recreation facilities through the provision of adequate on -site
recreational facilities as permitted in the Comprehensive Plan,
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ORDINANCE NO. 3204
Recreation and Open Space Element, Policy 1.1; Action 1.1.1;
Standard 1.1.1.4.
C. Traffic impacts associated with the projects are to be mitigated
by the developer through the payment of impact fees. The
developer will be responsible for all site -related improvements,
including the construction of Palomino Lane between the
project entrance and Penzance Road pursuant to the road
construction development order issued by Lee County. At
such time as the number of residential building permits
issued for Palomino Estates and the adjoining Parker Preserve
development equals or exceeds five hundred (500) dwelling
units in the aggregate, a traffic monitoring study will be
undertaken during the subsequent March through May peak
period by a traffic engineering firm, as selected by the City and
approved by the developers of the respective projects, to
determine the operational characteristics, capacity, and level
of service (LOS) on Palomino Lane between Penzance
Boulevard and a point approximately one thousand five
hundred (1,500) feet north of the Daniels Road and Palomino
Lane intersection at the northern entrance to the Renaissance.
If the LOS on this segment of Palomino Lane fails by virtue of
having an LOS of "F" the traffic study shall reflect what, if any,
improvements should be made to this segment of Palomino
Lane. Any improvements deemed necessary to the segment of
Palomino Lane between the northern entrance to the
Renaissance development and Penzance Boulevard will be
considered site -related, and Palomino Estates and Parker
Preserve will be responsible for the costs of the traffic study
and all such site -related improvements identified as necessary
by the traffic study to maintain an acceptable LOS. Parker
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ORDINANCE NO. 3204
Preserve will be responsible for paying sixty-eight
percent (68%) or one thousand three hundred
thirty-two (1,332) authorized units of one thousand nine
hundred fifty (1,950) units and Palomino Estates will be
responsible for paying thirty-two percent (32%) or six hundred
eighteen (618) authorized units of one thousand nine hundred
fifty (1,950) authorized units of such costs. If the total actual
development for these projects is less than one thousand nine
hundred fifty (1,950) authorized units, then a revised
percentage for each project will be calculated based upon the
final buildout densities for each development as approved by
the City. Within thirty (30) days of receipt of written invoices
for the traffic study, Palomino Estates shall remit its
proportionate share to the firm responsible for conducting the
traffic study.
D. The developer shall be required to file a preliminary
subdivision plat and record all final subdivision plats, and
subsequent re -plats prior to the development of the property,
except as provided in deviation eight (8) above, in accordance
with Chapter 28 Subdivisions of the Growth Management
Code, in addition to complying with the requirements of the
Planned Unit Development
E. Building permits for vertical construction may be issued prior
to the completion of fifty percent (50%)of the dollar value of all
site improvements in accordance with deviation seven (7)
above.
A variance from these provisions will not be required at
platting.
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ORDINANCE NO. 3204
F. The developer will comply with the Environmental Conditions
attached hereto as Exhibit "D" and incorporated herein by
reference. The City may hire an environmental consultant, at
the developers expanse, to ensure compliance with these
conditions.
SECTION 6. All development approvals shall be binding upon the
owner, developer, successors and assigns.
SECTION 7. Copies of the plans and specifications referenced
herein are on file with the City Clerk's Office and with the Community
Development Department.
SECTION S. Failure to comply with the terms and conditions of the
Planned Unit Development for Palomino Estates will result in the
termination of the development approval, upon written notice by the City to
the developer. In such case, said Planned Unit Development shall become
null and void and the underlying land use designation of Special
Development Area, Mixed -Residential, and Conservation Lands Use shall be
restored.
SECTION 9. A Notice of Public Hearing was published in a
newspaper of general circulation in accordance with applicable law.
SECTION 10. SEVERABILITY. If for any reason any provision,
paragraph, word, section or article of this ordinance is invalidated by any
Court of competent jurisdiction, the remaining provisions, paragraphs,
words, sections and chapters shall not be affected and shall continue in full
force and effect.
SECTION 11. This ordinance shall become effective upon adoption.
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ORDINANCE NO. 3204
PASSED IN PUBLIC SESSION of the City Council of the City of Fort
Myers, Florida, this 7th day of June, A.D., 2004.
Yea
— A I& -
Tammara Hall
P,
Yea
Veronica S. Shoe esker
Y,/—
Xnn Yp-A &'j 0.1 A
M Knight, Ed.D.
Yea
MichaWF1Aa&!n�"A-s
Randall P. Henderson, Jr.
Council Members
APPROVED this 7th day of Jui
FILED in the Office of the City Clerk this 7th day of June, A.D., 2004.
Marie Adams, CMC
City Clerk
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ORDINANCE NO. 3204
EXHIBIT "A"
Legal Description
DESCRIPTION
OF A PARCEL OF LAND
LYING IN
SECTIONS 3 & 10, TOWNSHIP 45 SOUTH, RANGE 25 EAST
(PALOMINO ESTATES)
A tract or parcel of land situated in the State of Florida, County of Lee,
lying in Sections 3 & 10, Township 45 South, Range 25 East, being
further described as follows:
Beginning at the northwest corner of Section 10, Township 45 South,
Range 25 east; thence S 0014834" E along the west line of said Section
10 for 2643.88 feet; thence N 89°29'50" E along the east -west quarter
section line of said Section 10 for 2616.97 feet to the center of said
Section 10; thence continue N 89°29'50" E along said east -west quarter
section line for 1497.40 feet to a point on the westerly right-of-way line of
Interstate 75 (I-75), said point being on a non tangent curve to the left, of
which the radius point lies S 85°09'33" W, a radial distance of 22,800.31
feet; thence northerly along the arc, through a central angle of 07°2636"
for 2962.03 feet; thence N 82123'52" W for 15.95 feet to the point of
curve of a non tangent curve to the right, of which the radius point lies
S 77°42'08" W, a radial distance of 22,785.31 feet; thence southerly
along the arc, through a central angle of 01 °21'29" for 540.07 feet;
thence S 74021' 17" W for 105.38 feet; thence S 26054' 10" E for 8.60 feet;
thence S 30°06'07" W for 89.05 feet; thence S 33°23'02" W for 60.01 feet;
thence S 26049'40" W for 121.62 feet; thence S 3402140" W for 65.69
feet; thence S 29°07'34" W for 38.16 feet; thence S 19° 15' 19" E for 57.99
feet; thence S 15°41' 14" W for 117.87 feet; thence S 10°54'24" W for
39.43 feet; thence S 06003'05" W for 384.78 feet; thence S 65°00' 10" W
for 68.01 feet; thence S 37013'53" W for 25.53 feet; thence S 27°08'53" W
for 77.15 feet; thence S 88°45'49" W for 80.91 feet; thence S 23° 18'41" W
for 13.82 feet; thence S 42036'36" W for 34.05 feet; thence N 89°57'06" W
for 33.94 feet; thence S 42°36'36" W for 16.71 feet; thence S 00°46'31" W
for 68.87 feet; thence S 07012'S0" E for 10.32 feet; thence S 75010' 14" E
for 8.35 feet to the point of curve of a non tangent curve to the right, of
which the radius point lies S 11'34'00" W, a radial distance of 28.08 feet;
thence southeasterly along the arc, through a central angle of 47°46'34"
for 23.41 feet; thence S 24°03' 10" E for 3.29 feet; thence S 14°28'57" E
for 5.20 feet; thence S 06°42'56" E for 9.73 feet; thence S 00043' 14" W for
24.49 feet; thence S 04028'53" W for 20.12 feet; thence S 04° 14'24" W for
27.74 feet; thence S 02° 14'51" W for 17.43 feet; thence S 01° 10' 12" E for
16.74 feet to the point of curve of a non tangent curve to the left, of
which the radius point lies N 88°49'48" E, a radial distance of 130.23
feet; thence southerly along the arc, through a central angle of 12°40'57"
for 28.83 feet; thence S 13037'32" E for 22.49 feet to the beginning of a
curve to the right having a radius of 120.42 feet; thence along the arc of
said curve through a central angle of 08°29'27" for 17.85 feet; thence
S O1054'39" E for 46.14 feet; thence S 03006'22" E for 28.39 feet; thence
S 05° 16'43" E for 11.15 feet; thence S 08° 10' 19" E for 39.68 feet; thence
S 06°52' 10" E for 18.58 feet; thence S 02°50' 12" E for 17.27 feet; thence
S 04°27' 18" E for 28.61 feet; thence S 05056'33" E for 21.46 feet; thence
S 08°57' 11" E for 37.34 feet; thence S 10'51'24" E for 29.04 feet; thence
S 08051'56" E for 13.31 feet; thence S 03°54' 13" E for 7.53 feet to the
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ORDINANCE NO. 3204
beginning of a curve to the right having a radius of 62.52 feet; thence
along the arc of said curve through a central angle of 36°30'29" for 39.84
feet; thence S 90100'00" W for 862.35 feet; thence N 89°51'41" W for
34.70 feet; thence N 44°02'27" E for 70.37 feet; thence N 66°54'01" E for
44.70 feet; thence N 64° 16' 19" W for 13.57 feet; thence N 55°36'40" E for
92.55 feet; thence N 68°37'29" E for 48.53 feet; thence N 16° 17'S1" E for
55.77 feet; thence N 62°40'28" E for 44.30 feet; thence N 13°02'50" E for
49.55 feet; thence N 30°08'32" E for 54.22 feet; thence N 04°45'20" E for
60.33 feet; thence N 71°25'23" E for 72.31 feet; thence N 48°29'00" E for
56.52 feet; thence N 56°03'32" E for 45.63 feet; thence N 22°41'53" E for
59.86 feet; thence N 23°42'43" E for 88.27 feet; thence N 52°20'59" E for
62.55 feet; thence N 40°08'04" E for 75.73 feet; thence N 04°48'51" E
for 39.43 feet; thence N 13°22'07" W for 60.38 feet; thence N 05°21'49" W
for 29.58 feet; thence N 45°47'45" W for 33.31 feet; thence
N 05° 17'52" W for 49.60 feet; thence N 08°45'56" E for 66.97 feet; thence
N 32°05'06" E for 32.89 feet; thence N 34°35'30" W for 43.59 feet; thence
N 22°59'39" W for 85.07 feet; thence N 60°04'00" W for 76.52 feet; thence
N 16° 17'09" W for 32.98 feet; thence S 58'45' 11" W for 50.36 feet; thence
N 71°26'26" W for 127.89 feet; thence N 53°27'03" W for 98.15 feet;
thence N 10°52'05" E for 60.94 feet; thence N 74°27'02" W for 97.02 feet;
thence N 66°58'47" E for 65.96 feet; thence N 38°56'22" W for 14.34 feet;
thence N 35141'38" W for 62.70 feet; thence N 29°21'07" W for 38.85 feet;
thence N 62°27' 16" W for 25.86 feet; thence N 45°42'54" W for 69.44 feet;
thence N 19°23'05" E for 72.91 feet; thence N 69°36'24" E for 90.44 feet;
thence S 80°53'08" E for 39.53 feet; thence N 86° 18'58" E for 32.22 feet;
thence N 46°29'29" E for 38.00 feet; thence N 73°03'24" E for 62.33 feet;
thence N 44° 15'30" E for 23.74 feet; thence N 37°46'52" E for 51.90 feet;
thence N 20°35'50" W for 72.29 feet; thence N 09°26'06" W for 152.22
feet; thence N 19°48' 12" E for 103.64 feet; thence N 53°38'34" E for
77.47 feet; thence N 44° 18'41" E for 138.97 feet; thence N 74°54'39" E
for 116.67 feet; thence S 89° 10'05" E for 45.34 feet; thence N 44°28'37" E
for 96.75 feet; thence N 08° 17'31" E for 16.66 feet; thence N 12° 11'44" W
for 88.51 feet; thence N 45°48'38" E for 85.12 feet; thence N 08°05' 12" W
for 67.64 feet; thence N 02°53'00" E for 73.22 feet; thence N 51°12'51" E
for 72.56 feet; thence N 52°01'33" E for 54.00 feet; thence N 18° 13'56" E
for 42.67 feet; thence N 50°58'07" E for 52.18 feet; thence N 30° 16'40" E
for 25.54 feet; thence N 39°20'29" W for 51.08 feet; thence N O5°04'23" E
for 64.19 feet; thence N 12°54'25" E for 108.15 feet; thence
N 33°42'21" E for 18.47 feet; thence N 45°02'26" W for 28.31 feet; thence
N 53° 10'09" W for 26.44 feet; thence S 90°00'00" W for 57.55 feet; thence
S 53°08'30" W for 414.36 feet; thence S 58° 13' 17" W for 457.84 feet;
thence S 88°07'32" W for 181.19 feet; thence N 89°20'08" W for 400.58
feet; thence N 44°03'53" W for 300.76 feet; thence N 37°03'54" W for
168.37 feet; thence N 05°32'05" E for 234.11 feet; thence N 00°44'50" E
for 56.98 feet to the point of curve of a non tangent curve to the left, of
which the radius point lies N 02°23'24" E, a radial distance of 176.45
feet; thence northerly along the arc, through a central angle of
183° 17'08" for 564.46 feet; thence N 00°44'50" E for 23.77 feet; thence
N 00*21'53" W for 473.89 feet; thence N 00*41'48" E for 103.99 feet0;
thence S 82°53'06" W for 55.49 feet; thence S 77°55' 19" W for 56.41 feet;
thence N 79°42'34" W for 44.05 feet; thence N 81°52'52" W for 55.72 feet;
thence S 90100'00" W for 82.74 feet; thence S 74°04'34" W for 57.36 feet;
thence S 90100'00" W for 74.86 feet; thence N 78°42'20" W for 80.35 feet;
thence N 67' 11'43" W for 81.21 feet; thence N 67°00'03" W for 41.11 feet;
thence N 05° 16'04" E for 2.52 feet; thence N 82°06' 14" W for 64.55 feet;
thence S 32° 15'S9" W for 1,036.13 feet; thence S 02° 19'50" W for 891.66
feet; thence S 31°35'32" W for 68.03 feet; thence S 19°51'08" W for
A-2
ORDINANCE NO. 3204
177.93 feet; thence S 29°27'32" W for 88.08 feet; thence S 55° 10'26" W
for 261.30 feet to the point of beginning.
Containing 287.93 acres, more or less.
Subject to easements, restrictions, reservations and
rights -of -way (recorded and unrecorded, written and unwritten)
Bearings are based on the north line of Section 10, Township 45
South, range 25 east as bearing S 88°5732" W.
A-3
ORDINANCE NO. 3204
EXHIBIT "C"
PALOMINO ESTATES
Final Water Quality Monitoring Plan
Objective: To evaluate any potential impact to the surface water quality
at the Palomino Estates project site.
This final water quality -monitoring plan consists of the following items:
1. Surface Water Quality Monitoring
2. Site Location Data
3. Data Analysis
4. Annual Water Quality Monitoring Report
5. Water Quality Monitoring Plan Revisions and Corrective Action
Plans
Surface Water Oualitv Monitorin
The surface water sample location SW-1 is shown on the attached figure.
No surface water sample will be collected if the sample location is
observed to be dry. The surface water sample will be laboratory analyzed
by a State of Florida certified environmental laboratory.
Table 1 Surface Water Parameters
Surface water sample location SW-1 will be sampled once during the dry
season (February/March) and twice during the rainy season
(August/September). The rainy season samples will be taken
approximately one month apart. The surface water samples will be
laboratory analyzed for the parameters listed in Table 1 of the Water
Quality Monitoring Plan (attached) and for metals, bacteria, and
herbicides/pesticides, as set out below.
Metals
An unfiltered and field filtered (1.0 micron) surface water sample will be
collected at the location (SW-1) once each year during the wet season.
The unfiltered and filtered surface water samples will be submitted to the
analytical laboratory. The unfiltered surface water samples will be
laboratory analyzed for arsenic, lead and copper using a minimum
detection limit (MDL) of <3 micrograms per liter (ug/ �, < 1 ug/ 1, and < 1
ug/ 1, respectively. The field filtered surface water samples will not be
laboratory analyzed unless arsenic, lead or copper is detected above the
respective MDL in the unfiltered surface water sample.
Bacteria
Surface water samples will be collected once during the dry season
(February/March) and once during the rainy season (August/September)
and submitted to the analytical laboratory for fecal coliform and
Enterococci. Should any of the samples result in detectable fecal coliform
in concentrations greater than state standard for Class III fresh surface
water, additional sampling and analytical testing will be performed to
determine if there is a potential impact or if the first sample was not
representative of the average condition.
C-1
ORDINANCE NO. 3204
Herbicides / Pesticides
Surface water samples will be collected from SW 1 once during the dry
season (February/March) and once during the rainy season
(August/September). The surface water samples will laboratory analyzed
for constituents detected by EPA Method 619.
Site Location Data
The Annual Water Quality Monitoring Report will contain the following
site location data:
• Latitude and Longitude and State Plane 1983 Northing and Easting of
the surface water sampling location.
• Text directions to the surface water sample location.
Data Analvsis
The pre -development baseline water quality will be established for the
project site by sampling once during the dry season (February/March)
and twice during the wet season (August/September) prior to any
construction at a location that is representative of the water flowing
across the site or in the Six Mile Cypress Slough, if there is no water
flowing across the site, in close proximity to the SWI. location. The
Conservancy will be notified at least fifteen (15) days prior to the pre -
development baseline sampling events, and will have the opportunity to
accompany the representative of Palomino Estates and assist in
establishing the location for the pre -development baseline water quality.
Post -development water quality monitoring will commence at SW 1 when
the property development is 50% complete as determined by the number
of certificates of occupancy that have been issued as compared to the
total number permitted by the Planned Unit Development approved by
the City of Fort Myers. The future water quality data will be compared to
applicable dry or wet season baseline data and to applicable State Water
Quality Standards for Class III Waters found in Chapter 62-302 Florida
Administrative Code. Appropriate statistical methods will be applied to
the laboratory analytical data to identify any changes or trends in water
quality.
Water Quality Monitoring Reports
A copy of the water quality monitoring results will be provided to the
Conservancy and to the City of Fort Myers within thirty (30) days after
the results are received. In addition, an annual report shall be prepared
with the results. The report period will be October 1 through September
31 with the annual report due to The Conservancy/City of Fort Myers on
December 31 of each year. The report will contain the laboratory
analytical data from water samples collected during the dry and wet
season sampling events of the previous year. All laboratory analytical
data will be tabulated for ease of interpretation. The summary of results
will be provided in the electronic format.
The amounts of fertilizer, herbicides and pesticides applied to the
development and the listed contents will be reported each year. This list
will also contain the identification of specific compound types, which may
be examined using organic compound scans. The results from the
organic compound scans will be compared to baseline data or applicable
portions of Chapter 62-302 and 62-550 Florida Administrative
C-2
ORDINANCE NO. 3204
Code (F.A.C.) to develop acceptable discharge criteria. The annual report
will contain recommended EPA methods for herbicides and pesticides for
the next year based on their usage (or change thereto) during the
previous year. Should the herbicide and pesticide application practices or
material change during the Annual Report Year, a notification must be
made to The Conservancy/ City of Fort Myers along with appropriate
monitoring modification recommendation prior to the next sampling
event.
The annual report will also contain the most recent total number of
certificates of occupancy that have been issued and the total number
available under the approved PUD.
Water Ouality Monitoring Plan Revisions and Corrective Action
Plans
The Conservancy/ City of Fort Myers will review the monitoring
requirements every three (3) years to determine if reduction or
elimination of the monitoring requirements is justified. Justification for
the reduction or elimination will be based on non-exceedance of baseline
and Class III water quality standards by waters discharged from the
project site. In the event that a laboratory analytical result indicates that
a post -development surface water sample exceeds baseline or Class III
standards, verification sampling and laboratory analytical testing will be
performed. Non-exceedance of baseline or Class III standards by
subsequent test(s) will keep the project in compliance. Any exceedance of
the applicable Class III standards by water discharged from the project
after verification testing will require immediate cessation of use of the
item(s) that caused the exceedance. If the exceedance of Class III water
quality standards cannot be corrected by cessation of use of any
particular item used on the site, then a corrective action plan shall be
submitted to the Conservancy and City of Fort Myers within 60 days that
will address the continued operation and maintenance without further
exceedance of the Class III standards. Any exceedance of the applicable
baseline water quality by water discharged from the project after
verification testing will require the submission of a corrective action plan
to the Conservancy/ City of Fort Myers within 60 days that will address
the continued operation and maintenance without further exceedance of
the baseline water quality by waters discharged from the project site.
C-3
ORDINANCE NO. 3204
EXHIBIT "C"
Surface Water Monitoring
TABLE 1— MMXMtJM NOMIrORMG PA X"TERS AND METHODS
Aualvte/Pa�-ametex
•
� ad
.
ec it
Secohi Disk
20 cm sakes onl
'
Tem eratttre
EPA 1983 170.1
specific conductance
EPA 1993 120.1
dissolved gUlen
EPA (198A 360.1
0.1
PH
EPA 1983 ,150.1
color
BPA 1983 110.3. ac
1 PCU
tarbidi
EPA 1983 •180.1
.0.01 NT U
total a'Mended solids
SPA 1983 160.2
1
cbloro h 11-tt netted for haeo h la
SM 17m Ed., 40200 H
0.S ug/L
total nitroen
calculation CM +NO2-NO3-
0.'01
total 3061daUttrogm
SM If Ed. 4500-N or B or C
0.1
total ammonia nitro en
EPA 1983 350.1
0.02
total nitrite + nitra#e nitro en
EPA 1983 3 3.2
0.01 m
disadved ortho hog bats .
VA 1953 4 365.1 field filtered
0.005 znWL
total oa Oros
EPA 1983 365.a r365A
0.0510 '
total 'a carbon
EPA 1983 415.1
1
Chloride
I EPA 1983 , 300.0
1 UPAL
2158 JOHNNON WEfiT POST -DEVELOPMENT SURFACE WATER U PLE
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ORDINANCE NO. 3204
EXHIBIT "D"
Environmental Conditions
Palomino Estates
A) General Conditions:
1) Limit Tract Nineteen (19) to single family lots, a minimum
of seven thousand eight hundred (7,800) square feet, not to
exceed thirty-five (35) feet in height.
2) Limit Tract Twenty (20) to single family lots, a minimum of
six thousand (6,000) square feet, not to exceed
thirty-five (35) feet in height.
3) Provide a minimum eighty-two (82) foot, average one
hundred forty-four (144) foot buffer in the northwest
corridor of the project adjacent to the Six -Mile Cypress
Slough as shown with cross hatching on the Planned Unit
Development (PUD) plan sheet three (3) of nine (9) dated
May 17, 2004.
4) Entire buffer to be undisturbed, left in a natural condition
except for the removal of exotic plants. Management for
wildlife in this buffer zone is encouraged through native
plantings on the buffer side of the berm and retention of
dead trees (snags).
5) Provide a dimensioned cross section and acreage of the
expanded buffer area showing the location of the berm and
native plantings prior to preliminary plat approval. One
hundred percent (100%) native plantings shall be placed on
the preserve side of the berm.
6) Provide a filter marsh in the northern end of Lake
Fifteen (15) . A dimensioned cross section and acreage of
D-1
ORDINANCE NO. 3204
the filter marsh to be provided prior to preliminary plat
approval.
7) Prior to preliminary plat approval, provide detail of the filter
marsh planting to include use of a biodegradable filter
fabric for stabilization, one hundred percent (100%) native,
herbaceous species planted on three (3) foot centers with
fifty percent (50%) coverage at time of Certificate of
Completion.
8) An additional surface water quality sampling event to be
added to the monitoring program attached as Exhibit "C" in
May/June after the first significant rainfall. In addition,
the detection limits on metals Arsenic, Lead and Copper are
reduced to lug/I.
9) Prior to preliminary plat approval provide an enlarged detail
rendering of the revised recreation areas with drainage
treatment labeled.
10) Prior to preliminary plat approval provide a planting plan
for dry detention areas with one hundred percent (100%)
native species with fifty percent (50%) coverage at
Certificate of Completion Plants to be concentrated at
inflow and outfall structures.
11) Implement the Gopher Tortoise Management Plan as
detailed on plan sheet eight (8) of nine (9) dated May 17,
2004. The developer will obtain a Gopher Tortoise
relocation permit from Florida Fish and Wildlife
Conservation Commission.
12) Prior to vegetation removal or site work all Gopher Tortoise
and/or commensal species found during burrow excavation
D-2
ORDINANCE NO. 3204
must be relocated to existing abandoned burrows or
constructed starter burrows in the fenced preserve area.
13) An educational package including the Eastern Indigo
snake, Big Cypress Fox Squirrel and Gopher Tortoise must
be distributed to all clearing and site work contractors prior
to commencement of vegetation clearing or site work. If an
Eastern Indigo snake is encountered, construction activity
must cease and a biologist contacted to move the snake to
the Gopher Tortoise preserve area.
14) Prior to the final inspection of site work for their respective
phases, an environmental consultant shall certify to the
City that the Wood Stork littoral creation in the southeast
corner of the project is constructed in conformance with the
Army Corps of Engineers permit drawings, and that the
filter marsh in Lake Fifteen (15) has been constructed in
conformance with the Typical Planting Section on page
seven (7) of nine (9) of the Planned Unit Development plans
dated May 17, 2004.
15) No excavated material will be removed from the Palomino
Lane/Palomino Estates project site.
16) Due to the amount of fill required for this project, a tree
survey will not be required. In lieu of a tree survey a good
quality color aerial and Florida Land Use, Land Cover
Classification System (FLUCCS) map will be submitted
showing areas of impact.
17) Construction of the lakes will conform to the conditions of
the Deep Lake Management Guidelines as shown on plan
sheet eight (8) of nine (9) dated May 17, 2004.
D-3
ORDINANCE NO. 3204
18) At construction, lake shorelines must be sinuous in
configuration to provide increased length and diversity of
the littoral zone.
19) All project lake littoral zones must conform to the
management plan note on plan sheet eight (8) of nine (9)
dated May 17, 2004 and littoral zone cross section and
planting detail on plan sheet nine (9) of nine (9) dated
May 17, 2004.
20) Littoral plantings must be composed of one hundred
percent (100%) native aquatic species appropriate to the
location and conditions of the wetland creation/mitigation
areas.
21) Littoral plantings must include a minimum of one (1) native
shade tree per one hundred (100) feet of shoreline and
one (1) plant per linear foot of shoreline as measured at the
control elevation.
22) Plants may be installed in clusters around the lake
perimeter. Clusters must contain a minimum of
twenty-five (25) plants within a fifty (50) square foot area.
23) At least four (4) species must be planted. Minimum
required herbaceous plant size is a two (2) inch container
referred to as a liner. At least fifty percent (50%) of the
trees must be a minimum of ten (10) feet in height, have a
two (2) inch caliper, at twelve (12) inches above the ground,
and a four (4) foot spread.
24) Shrubs must be, at a minimum, three -gallon size, a
minimum of twenty-four (24) inches in height at planting
and be spaced eighteen (18) to thirty-six (36) inches on
center. Within twelve (12) months of planting they must be
WE
ORDINANCE NO. 3204
at least thirty-six (36) inches in height and maintained in
perpetuity at a height of no less than thirty-six 36 inches.
25) At construction stake out, prior to commencement of
vegetation cleaning or site work, every effort will be made to
adjust the staking to incorporate native trees, especially
any heritage trees into the perimeter berm, borders of lakes,
conservation areas and buffers. Prior to final plat approval
the words perimeter berms and buffers will be added to the
note on the Landscape Plan, sheet nine (9) of nine (9) dated
May 17, 2004.
26) At construction, lakes will incorporate an undulating
shoreline and provide a vegetated littoral zone per the
littoral zone planting details on sheet nine (9) of nine (9)
dated May 17, 2004.
27) The Developer will implement the surface water quality
monitoring plan agreed to as part of the Settlement
Agreement with the Conservancy of Southwest Florida, said
plan being attached hereto as Exhibit "C" and incorporated
herein by reference.
28) Depending upon the source of groundwater utilized at the
project for irrigation purposes, additional water quality
monitoring may be required. The developer may utilize
either of the following options:
A. The developer presently has a water use permit from
the South Florida Water Management
District (SFWMD) to utilize groundwater from the
Lower Hawthorne aquifer for irrigation purposes. If
the developer chooses to utilize groundwater from
the Lower Hawthorne aquifer for irrigation purposes,
D-5
ORDINANCE NO. 3204
the developer shall comply with the monitoring plan
and requirements proposed by Rand Edelstein Jr. by
memo dated May 17, 2004, said plan and
requirements being attached hereto as Exhibit "E"
and incorporated herein by reference. These
monitoring requirements will cease upon mandatory
connection to the City's reuse water system and
utilization of reuse water for the irrigation needs of
the project as set forth in condition 29 below.
B. If approved by the SFWMD (if such approval is
required), the developer may utilize potable water on
a temporary basis until reuse water is available and
connected to the project so as to meet the irrigation
needs of the project. In the event potable water is
utilized on a temporary basis, the monitoring
requirements attached hereto as Exhibit "E" will not
apply. The Developer may utilize potable water
under this option only until the mandatory
connection to reuse occurs in accordance with
condition 29 below.
C. If approved by the SFWMD, the developer may utilize
water from the surficial and/or sandstone aquifers or
from the water management ponds located within the
project to meet its irrigation needs on a temporary
basis until reuse water is available and connected to
the project. The monitoring requirements attached
hereto as Exhibit "E" will not apply in the event water
from the ponds or the surficial and/or sandstone
aquifers is utilized for irrigation purposes. The
•
ORDINANCE NO. 3204
Developer may utilize water under this option only
until the mandatory connection to reuse occurs in
accordance with condition 29 below.
29) Regardless of which option under condition 28 the
Developer chooses, the Developer will be required to
construct a reuse water line at the time the potable water
line is constructed. In the event a reuse line has been
constructed from Six Mile Cypress Parkway, across or
under the Six Mile Cypress Slough, and through the
adjoining Parker Preserve development to the intersection of
Penzance and Palomino Roads (or if the imminent
construction of said line has been adequately secured),
then the Developer will extend the reuse line from its
terminus at the Penzance/Palomino intersection to the
project. Alternatively, if a reuse line has not been extended
from Six Mile Cypress Parkway, through Parker Preserve to
the Palomino/Penzance intersection, then the Developer
will extend a reuse line from its present terminus on
Treeline Avenue, down Treeline to the GSD canal, along the
GSD canal, under I-75 to the project. Within 12 months
from written notice from the City that reuse water is
available, the Developer will utilize reuse water and
discontinue use of groundwater and/or potable water for
irrigation purposes. The City will reimburse the Developer
for any oversizing of the reuse line that the City requires,
and will reimburse the Developer for any "extraordinary
costs" associated with the reuse line construction (the term
"extraordinary costs" being defined in the same manner as
contained in that certain Utility Extension Agreement dated
D-7
ORDINANCE NO. 3204
October 10, 2003, by and between the City and
Worthington Holdings LLC). The City agrees to reserve
reuse capacity in the amount of 350,000 gpd for use by the
Palomino Estates project; however, in the event reuse water
is not available to the project for any reason on or before
ten years from the date of this approval, the City will
reimburse the Developer the entire cost of the reuse line
construction.
30) Prior to final inspection of site work for each phase,
preserve boundary signs will be posted on every other lot
line of single-family lots where preserve areas are adjacent
to residential lots. For multi -family, signs will be placed at
every other building with a maximum spacing of two
hundred sixty (260) feet.
31) All preserve and buffer areas will be staked and inspected
prior to commencement of site clearing or excavation.
32) Prior to vegetation removal and/or land clearing, all
preserves and buffer areas within the development will be
protected with staked construction fencing.
33) The developer will provide educational information in sales
brochures and at closings for homebuyers to educate
prospective residents regarding the sensitive setting of the
project next to the Six Mile Cypress Slough. Educational
pamphlets will identify the protected wildlife found on the
project site, including the Eastern Indigo Snake, Wood
Storks, Big Cypress Fox Squirrel and Gopher Tortoise.
Pamphlets will also identify native plants and xeriscape
techniques for landscaping and explain the invasive nature
a:
ORDINANCE NO. 3204
of noxious exotic species in the south Florida landscape
and control methods.
34) Prior to preliminary plat approval, project lighting will be
designed and certified by an electrical engineer to be in
conformance with the Lee County Outdoor Lighting
Standards (LCLDC) Section 34-625 (Exhibit F), to reduce
sky glow and horizontal light scatter.
35) Prior to final plat approval, incorporate the Big Cypress Fox
Squirrel Habitat Management Plan as referenced in the
South Florida Water Management District (SFWMD) permit
Exhibit 28 A-C.
36) Prior to final plat approval, incorporate the Eastern Indigo
Snake Management Plan as referenced in the SFWMD
permit Exhibit 29 A-C.
37) Incorporate by reference the conditions of the South Florida
Water Management District (ERP 36-04507-P;
Water Use 36-04507-W and Water Use GP36-04500-W) and
the ACOE [SAJ-2002-2401 (IP-TWM)l permits.
38) If blasting is proposed the developer must demonstrate .
what measures will be used to ameliorate any negative
impacts. This must include soil borings, drawings showing
the location(s) of the blasting, and any other information
deemed necessary to allow analysis of the impact on
surficial and sub -surface water resources.
39) Blasting will be allowed only in accordance with the
technical standards for blast intensity established in the
Lee County Blasting Ordinance in effect at the time of site
construction, including maximum peak particle
velocity (ppv) limitations. The developer will pay for a
ORDINANCE NO. 3204
qualified seismographic expert to ensure compliance with
the Lee County Blasting Ordinance.
B) Landscaping Requirements:
1) Prior to preliminary plat approval, provide a landscape plan
that complies with the following General landscape
conditions:
a. Provide one (1) tree per three thousand (3,000)
square feet of development area.
b. For single-family lots, provide a minimum of two (2)
trees per lot.
C. All buffer plantings will be installed on the
residential side of any fence or wall that may be
used. Fences or walls must be placed to allow a
minimum fifteen (15) foot planting area.
2) Prior to preliminary plat approval, provide a
landscape plan that complies with the following internal
parking area landscape conditions:
a. Internal landscaping must meet or exceed a total of
ten percent (10%)of the total paved parking area and
meet the following minimum guidelines.
b. The minimum average dimension of any required
internal landscaped area must be ten (10) feet.
C. At a minimum one (1) tree will be planted for every
two hundred (200) square feet of required
landscaped area. A cluster of three (3) palms can be
substituted for one (1) canopy tree.
d. At a minimum one (1) shrub will be planted for every
twenty (20) feet of required landscaped area
D-10
ORDINANCE NO. 3204
e. A minimum of a ten (10) foot wide by eighteen (18)
foot long curbed landscaped island shall be required
for every one hundred (100) linear feet of parking
area so that no parking space will be more than one
hundred (100) feet from a tree.
f. A minimum five (5) foot landscaped area with one (1)
shrub for every twenty (20) square feet shall be
required when any parking area abuts any street
right-of-way, roadway or street easement.
g. All internal landscaped areas must be covered with
grass, groundcover, shrubs or other approved
landscaping material and this must be so noted on
the landscape plans. Sand, gravel, rock, shell or
pavement is not appropriate landscape material.
h. Only organic, non -cypress mulch is permitted
3) Prior to preliminary plat approval, provide a
landscape plan that complies with the following minimum
buffer requirements:
a) Multi -family to Single Family Residential:
1. Fifteen (15) foot wide buffer with five (5) trees
per one hundred (100) linear feet and a double
staggered continuous hedge
2. All trees to be a minimum ten (10) feet in
height with a two (2) inch caliper (dbh) at
four (4) feet above the ground with a four (4)
foot spread.
3. Hedges
to be
a minimum
of twenty-four (24)
inches
above
the ground
at time of planting
D-11
ORDINANCE NO. 3204
and maintained in perpetuity at a height of no
less than thirty-six (36) inches.
b) Recreation to Residential:
1. Fifteen (15) foot wide buffer with five (5) trees
per one hundred (100) linear feet and a double
staggered continuous hedge
2. All trees to be a minimum ten (10) feet in
height with a two (2) inch caliper (dbh) at
four (4) feet above the ground with a four (4)
foot spread.
3. Hedges to be a minimum of forty-eight (48)
inches above the ground at time of planting
and maintained in perpetuity at a height of no
less than sixty (60) inches.
C) Irrigation Standards:
1) To improve the survivability of required landscaping,
cultivated landscape areas must be provided with an
automatic irrigation system. All required irrigation systems
must be designed to eliminate the application of water to
impervious areas, including roads, drives and other vehicle
areas. Required irrigation must also be designed to avoid
impacts on existing native vegetation.
2) Developments that have required landscaping must be
irrigated by the use of an automatic irrigation system with
controller set to conserve water. Moisture detection devices
must be installed in all automatic sprinkler systems to
override the sprinkler activation mechanism during periods
of increased rainfall. Where existing irrigation systems are
modified requiring the acquisition of a permit, automatic
D-12
ORDINANCE NO. 3204
activation systems and overriding moisture detection
devices must be installed.
3) Prior to preliminary plat approval, provide the following
irrigation system details on the landscape plans. Include
the following minimum standards:
a) Irrigation systems must be designed to eliminate the
application of water to impervious areas, including
roads, drives and other vehicle areas. Required
irrigation must also be designed to avoid impacts on
existing native vegetation.
b) Landscaping must be irrigated by the use of an
automatic irrigation system with controller set to
conserve water. Moisture detection devices must be
installed in all automatic sprinkler systems to override
the sprinkler activation mechanism during periods of
increased rainfall. Where existing irrigation systems are
modified requiring the acquisition of a permit, automatic
activation systems and overriding moisture detection
devices must be installed.
D) Landscape Maintenance
1) Adhere to Best Management Practices (BMP) for the
landscape maintenance specifically in the application of
herbicides, fertilizer and pesticides to reduce off -site
transport of sediment, nutrients, and pesticides through
the surface water and ground water by observing and
incorporating the following guidelines:
a) Applicators must possess a pest control business
license and a certified operators certificate from the
D-13
ORDINANCE NO. 3204
Florida Department of Agriculture and Consumer
Services.
b) Application of herbicides, pesticides, fertilizer and
irrigation must be conducted by approved methods
and at appropriate rates.
c) Use Integrated Pest Management (IPM) to minimize
pests and apply chemicals only when appropriate.
2) The use of pesticides, fungicides or herbicides is limited to
products that meet the following criteria:
a) Must be consistent with the United States
Department of Agriculture -National Cooperative Soil
Survey (USDA-NRCS) Soil Rating for Selecting
Pesticides.
b) Must have the minimum potential for leaching into
groundwater or loss from runoff.
c) Products must be approved by the Environmental
Protection Agency (EPA).
d) Applicators must be "Certified Pesticide Applicators".
e) The half-life of products used shall not exceed
seventy (70) days.
3) Prior to preliminary plat approval, add the referenced
BMP's for landscape maintenance to the plans and
homeowners documents.
D-14
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