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HomeMy WebLinkAboutOrdinance - City Council - Regular - 3205 - 6/7/2004ORDINANCE NO. 3205 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, GRANTING A MIXED -USE RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR THE PARKER-DANIELS RESIDENTIAL MIXED USE PROJECT LOCATED IN SECTION 9 AND SECTION 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. Parker Daniels Inc., as owner, has requested a Planned Unit Development on the hereinafter described property. SECTION 2. The parcel of land to which the Planned Unit Development is granted is described in Exhibit A. The Planned Unit Development is divided into a southern parcel and a northern parcel by an environmental feature (the "Cypress Arm") that connects to the Six Mile Cypress Slough. The Parker Daniels PUD Master Plan is reflected on Exhibit B attached hereto and incorporated herein by reference. SECTION 3. The Planned Unit Development permits the development of a residential community with recreational amenities located on a tract of land approximately 444 acres in size. The project will consist of not more than one thousand three hundred thirty-two (1,332) dwelling units, a clubhouse, a recreational center, and other open space containing recreational amenities. SECTION 4. The terms, conditions and deviations for the project are as follows: (a) The project is limited to one thousand three hundred thirty-two (1,332) units. Only three hundred seventy-two (372) units of the one thousand three hundred thirty-two (1,332) units may be developed north of the Six Mile Cypress Slough Arm. The density of the ORDINANCE NO. 3205 area south of the Cypress Arm is limited to nine hundred sixty (960) dwelling units. (b) No multi family residential units shall exceed the lesser of (i) three (3) stories over parking or (ii) sixty-five (65) feet in height. (c) No residential units shall exceed two (2) stories including parking (a) within three hundred (300) feet of the Six Mile Cypress Slough currently under the ownership of Lee County or the South Florida Water Management District; and (b) the western side of each road along the Six Mile Cypress Slough currently under the ownership of Lee County or the South Florida Water Management District that is depicted on the attached Exhibit B. (d) No Type D multi -family units will be allowed within three hundred (300) feet of the Six Mile Cypress Slough under the ownership of Lee County or the South Florida Water Management District. SECTION 5. Development of the Parker Daniels Planned Unit Development residential community shall be in accordance with the terms and conditions as follows: (a) The project is to be a phased development with an expected build out of ten (10) years from the date of approval. However, project build -out will depend upon market conditions. No amendment will be necessary should build -out conditions vary from projections. Vertical development will begin within two (2) years of the approval date of this planned unit development or the culmination of any appeal. Failure to obtain a building permit or commence construction as provided herein within two (2) years of the approval date of this ordinance and to continue in good faith to substantial completion from the date the ordinance was approved, will cause the Planned Unit Development approval to expire without necessity of further notice and to be of no further force and effect. The Developer can request a one (1) year 011 ORDINANCE NO. 3205 extension of the date to commence, and said request can be approved if the developer has been diligently pursuing the marketing and development (evidence to show preconstruction sales of fifteen percent (15%) of the subject property. (1) Development shall generally comply with the revised Planned Unit Development Master Plan dated May 17, 2004, prepared by Vanasse 8s Daylor, attached hereto as Exhibit B and incorporated herein by reference. Property development standards, deviation -from standards and other deviations from development regulations are as follows and once adopted, become the applicable regulations for development of the land herein described on Exhibit A and illustrated on Exhibit B. 3 ORDINANCE NO. 3205 PROPERTY DEVELOPMENT REGULATIONS *Exceptions/Deviations from Standard GMC Use Regulations are Noted Below SINGLE FAMILY/ MULTI - TWO FAMILY FAMILY DUPLEX BUILDIN SINGLE SF ZERO ** GSAND FAMILY LOT LINE ATTACHED (A3) (A3) MINIMUM LOT VILLAS & DETACHED (A-2) AREA & HOMES (A-1) (A-1) (TYPE C & (TYPE X)*** DIMENSION (TYPE A) (TYPE A) (TYPE B) D) Lot Size 4,200 SF (1) 4,000 SF (1) (9) N/A N/A Lot Width 42 FT. (2) 40 FT. (2) 70 FT. 75 FT. 25 FT. Lot Depth 100 FT. 100 FT. 100 FT. 100 FT. 100 FT. Street Setback 20 FT. (3) 20 FT. (3) 20 FT. (3) 20 FT. (3) 10 FT. (3) Side Setback 5 FT. (4) 0 FT. OR 10 5 FT. (4) MIN. 7 FT 0 (4) FT. (8) Rear Setback 5 OR 0 FT. 5 OR 0 FT. 5 OR 0 FT. 5 OR 0 FT. 20 FT. (Principal &. (5) (5) (5) (5) Accessory) Waterfront 20 FT. (10) 20 FT. (10) 20 FT. (10) 20 FT. (10) 20 FT. Yard Setback (10) Min. 10 FT. 10 FT. 10 FT. MIN. 14 * 14 FT. Separation Bet. Principal Bldgs Maximum 35 FT. (6) 35 FT. (6) 35 FT. (6) 65 FT. (6) 35 FT. (6) Bldg. Height Minimum 1000 SF 1000 SF 1000 SF 1 BR 700 1000 SF Living Area SF 2 BR 1000 SF +2 BR 1200 SF (7) Maximum Lot 40% 40% 45% 45% 45% Coverage *Any building exceeding thirty-five (35) feet in height must maintain a minimum building separation of fifteen (15) feet plus one (1) foot for every two (2) feet of building height over thirty-five (35) feet. ** Inclusion of attached single-family (three (3) or more dwelling units) structure irrespective of fee simple lots for each dwelling unit. ***See illustration Type X on the Exhibit B Planned Unit Development Master Plan SF=SQUARE FEET, FT=FEET (a) Deviation from Section 25-66 (1) (a) (1) to reduce the lot area from six thousand (6,000) square feet to four thousand two hundred (4,200) square feet. and four thousand (4,000) SF for zero (0) lot line structure. M ORDINANCE NO. 3205 (b) Deviation from Section 25-66(1)(a)(2) to reduce the lot width from sixty (60) feet to forty-two (42) feet in Residential (A-1 and forty (40) feet for zero (0) lot line structures. (c) Deviation from Section 25-66(5) to reduce street setback from twenty-five (25) feet to twenty (20) feet and ten (10) feet for traditional urban design (see Illustration Type X, Exhibit B, the Planned Unit Development Master Plan). On corner lots, the setback from the longest dimension shall be ten (10) feet. (d) Deviation from Section 25-66(6) to reduce side setback from ten (10) feet to five (5) feet and zero (0) feet for traditional urban design (see Illustration Type X Exhibit B). (e) Deviation from Section 25-66(7) to reduce rear setback for principal buildings from ten (10) feet to five (5) feet, and for principal and accessory buildings to zero (0) setback when adjacent to lakes and common open space, but nonetheless subject to the twenty (20) foot distance requirement from lake control elevation or bulkhead. (fl Deviation from Section 25-66(4) to increase the maximum height from (i) thirty-two (32) feet to thirty-five (35) feet and from (ii) ** height cannot exceed twice the least proposed yard setback to sixty-five (65) feet a) Notwithstanding the foregoing, multi -family structures may not exceed three (3) stories over the parking structure. 5 ORDINANCE NO. 3205 (g) Deviation from Section 25-66(1)(2)(c) to establish minimum floor area for multi -family units greater than two (2) bedrooms. (h) Deviation from Section 25-66(6) to revise side setback to ten (10) feet on one side and zero (0) feet on the other; ten (10) foot building separation to be maintained (see illustration Type A Exhibit B, the Planned Unit Development Master Plan). (i) Deviation from Section 26-66 (1(b) (1) to reduce the lot area from six thousand (6,000) to three thousand (3,500) square feet per dwelling unit. (j) Deviation from Section 25-66(8) to reduce waterfront yard from twenty-five (25) to twenty (20) feet from lake control elevation or bulkhead. (2) Club house or other amenity common structures alternative property development regulations. CLUB HOUSE (Based on Recreational District (REC) MINIMUM LOT AREA & DIMENSIONS CLUBHOUSE OR OTHER AMENITY STRUCTURES MINIMUM AREA 10,000 SF MINIMUM. SETBACKS FRONT 20 FT. (1) SIDE 20 FT. (2) REAR (PRINCIPAL STRUCTURE.) 20 FT. (3) REAR (ACCESSORY STRUCTURE) 10 FT. (4) RIGHT OF WAY 20 FT. (5) WATERFRONT 20 FT. (6) MAXIMUM HEIGHT 3 STORIES OR 50 FT. (7) MAXIMUM LOT COVERAGE 50% Cel ORDINANCE NO. 3205 (a) Deviation from Section 25-231 to reduce front property setback from twenty-five (25) feet to twenty (20) feet. (b) Deviation from Section 25-231 to reduce side property line setback from twenty-five (25) feet to twenty (20) feet. (c) Deviation from Section 25-231 to reduce rear (principal structure) property line from twenty-five (25) feet to twenty (20) feet. (d) Deviation from Section 25-231 to reduce rear (accessory structure) property line from twenty-five (25) feet to twenty (20) feet. (e) Deviation from Section 25-231 to reduce right-of-way setback from thirty (30) feet or one-half (1/2) the width of the street right-of-way to twenty (20) feet. (fl Deviation from Section 25-231 to reduce water -body setback from twenty-five (25) feet to zero (0) feet to allow common amenity structures to be constructed zero (0) feet from lake control elevation or bulkhead. (g) Deviation from Section 25-232 to revise maximum building height from thirty-two (32) feet to three (3) stories or fifty (50) feet. (3) The deviations for this project are identified on the planned unit development site plan and are as follows: 7 ORDINANCE NO. 3205 (a) Deviation from Section 20-1 to define the required frontage for cul-de-sac lots to be measured at the mid -point of the lot depth. (b) Deviation from Section 21-98(b) to delete requirement for providing a tree survey of existing conditions if a Florida Land Use Land Cover Classification System (FLUCCS) map and a current aerial are provided the Community Development Department. (c) Deviation from Section 25-271(1) to allow a variety of fencing options throughout the development. (d) Deviation from Section 25-288(2) to allow model homes for up to ten (10) years or until the completion of lot sales. (e) Deviation from Section 25-288(3) to allow parking for model homes to be provided at a central sales facility. (fl Deviation to Section 27-99 limiting project entry signs to allow two (2) ground signs or wall signs at the principal entrance to the Parker Daniels development and at the entrance to each individual residential tract shown on the Planned Unit Development Master Plan, Exhibit B which shall be limited to sixty (60) square feet each and shall not exceed a height of six (6) feet. The signs shall not contain more than the project name of the overall development and the project name of the individual tracts and related insignias or mottos. ORDINANCE NO. 3205 (g) Deviation from Section 28-67 to allow building permits to be issued upon approval and recordation of a final plat and to allow building permits for other site amenities including model homes, clubhouse, other amenity buildings, guardhouse, sales center, maintenance facilities, and ancillary structures upon approval of the Site Improvement Plans. (h) Deviation from Section 28-108(2) to allow corner lots to be the same size as interior lots. (i) Deviation from Section 28-110 to eliminate all interior lot line easements except in special applications deemed necessary by a private utility company. (j) Deviation from Section 29-43, which requires multi -family residential driveway widths to be twenty-four (24) feet reduced to twenty (20) feet, and to allow single-family driveway widths to be reduced from twelve (12) feet to ten (10) feet. (k) Deviation from Section 29-44, to allow rights -of -way and pavement widths as illustrated on Exhibit B, the Planned Unit Development Master Plan details sheet, with ultimate determination of the widths, within the ranges specified at the time of plat approvals. Deviations may also be allowed to intersection radii, at the time of Plat approvals. (1) Deviation from Section 29-48, which requires cul-de-sac dead-end streets to meet certain specifications relative to the diameter of the cul-de-sac and pavement width be revised to allow a ORDINANCE NO. 3205 minimum pavement diameter of ninety (90) feet for all cul-de-sac irrespective of housing structure type. (m) Deviation from Section 29-63 to allow sidewalk or pathway alternatives as follows: (1) From north of tract 11 to tract 19, and all tracts devoted to single-family housing sidewalks will be constructed on one side only, otherwise sidewalks will not be required on multi -family tracts in lieu of a five (5) foot wide on -road pathway. (2) Sidewalk construction will take place prior to the issuance of any certificate of occupancy. (n) Deviation from Section 29-88(B)(1) to allow multi -family dwelling units with driveways to back out into the right-of-way when opposite other multi -family housing pads of similar parking lot layout as illustrated on Exhibit B, the Planned Unit Development Master Plan. (o) Deviation from Section 29-89 that establishes minimum specifications for street surface material/construction and design standards, to allow decorative pavers on private, internal roads within the development provided the same sub -grade specifications as illustrated on Exhibit B, the Planned Unit Development Master Plan, details sheet apply. (p) Deviation from Section 30-57(b) to allow that the tree canopy requirements for individual lots or tracts will be waived as long as the overall tree canopy 10 ORDINANCE NO. 3205 requirements of Section 30 of the Growth Management Code are exceeded within the Planned Unit Development boundaries. (q) Unless otherwise requested by provisions herein, all other development shall comply with the applicable provisions of the City Growth Management Code. (4) 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. This plan shall be submitted to and approved by the City Council at the time of preliminary plat approval. (5) The developer shall provide a vegetated marsh as indicated on the Planned Unit Development Master Plan sheet three (3) of five (5) dated May 17, 2004 and in conformance with the Typical Marsh Cross Section attached as Exhibit B, the Planned Unit Development Master Plan. (6) A survey for native orchids shall be conducted prior to issuance of Land Clearing or Site Work permits, which ever occurs first. At construction stakeout every reasonable effort will be made to avoid removal of native trees with orchids, however, if the impact is unavoidable, or located on Melaleuca, the native orchids will be relocated to comparable, appropriate habitat in the onsite preserves. 11 ORDINANCE NO. 3205 The relocation is to be completed prior to issuance of Land Clearing or Site Work permits. (7) All project lakes shall include vegetated littoral slopes extending one (1) foot above and two (2) feet below the control elevation. (8) Lake Littoral slopes to conform to the following standards: (a) 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. (b) 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. (c) Littoral 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. Placement of clusters at the inlet and outfall areas is strongly encouraged. (d) At least four (4) different species must be used in the planting program. The minimum required herbaceous plant size is a two-inch (2") container referred to as a liner. At least fifty percent (50%) of the trees must be a minimum of ten (10) feet in height and have a two-inch (2") caliper (at twelve (12) inches above the ground) and a four (4) foot spread. (e) Shrubs used in littoral plantings must be, at a minimum, three (3) gallon size, a minimum of twenty-four (24) inches in height at planting and be 12 ORDINANCE NO. 3205 spaced eighteen (18) to thirty-six (36) inches on center. Within twelve (12) months of planting they must be at least thirty-six (36) inches in height, and must be maintained in perpetuity at a height of no less than thirty-six (36) inches. (9) Landscaping Conditions (a) The developer shall provide one (1) tree per three thousand (3,000) square feet of development area. (b) Every single-family lot must include a minimum of two (2) trees per lot. (c) Prior to preliminary plat approval, the Applicant must provide a parking area landscape plan that complies with the general landscape conditions as follows: 1. Internal landscaping must meet or exceed a total of ten percent (10%) of the total paved parking area and meet the minimum guidelines as follows: a. The minimum average dimension of any required internal landscaped area must be ten (10) feet. b. At a minimum, one (1) tree shall be planted per two hundred (200) square feet of required landscaped area. A cluster of three (3) palms can be substituted for one (1) canopy tree. C. A minimum of one (1) shrub shall be planted per twenty (20) feet of required landscaped area. 13 ORDINANCE NO. 3205 d. A minimum ten (10) foot wide by eighteen (18) foot long curbed landscaped island shall be required for every one hundred (100) linear feet of parking lot so that no parking space will be more than one hundred (100) feet from a tree. e. A minimum five (5) foot landscaped area, with one (1) shrub for every twenty (20) square feet, shall be required when any parking lot abuts a street right-of-way, roadway, or street easement. f. All internal landscaped areas must be covered with grass, groundcover, shrubs or other approved landscaping material and a note to this effect must be included on the landscape plans prior to preliminary plat approval. Sand, gravel, rock, shell or pavement are not appropriate landscape materials. g. Only organic (no cypress) mulch is allowed in common maintenance areas and shall be encouraged in single-family areas. h. All buffer plantings shall be installed on the residential side of any fence or wall. (d) The minimum buffer requirement, between Multi -family and Single Family Residential (except where differing types of uses are 14 ORDINANCE NO. 3205 separated by a lake with a minimum width of one hundred (100) feet) shall be as follows: 1. A fifteen (15) foot wide buffer with five (5) trees per one hundred (100) linear feet and a double staggered continuous hedge. 2. All trees shall be a minimum ten (10) feet in height with a two-inch (2") caliper measured diameter at breast height (dbh) at four (4) feet above the ground with a four (4) foot spread. 3. Hedges shall be a minimum of twenty-four (24) inches above the ground at time of planting and maintained in perpetuity at a height of no less than thirty-six (36) inches. (e) The minimum buffer requirements between Recreation areas and Residential (except where differing types of uses are separated by a lake with a minimum width of one hundred (100) feet). (1) A fifteen (15) foot wide buffer with five (5) trees per one hundred (100) linear feet and a double staggered continuous hedge. (2) All trees shall be a minimum ten (10) feet in height with a two-inch (2") caliper measured diameter at breast height (dbh) at four (4) feet above the ground with a four (4) foot spread. (3) Hedges shall be a minimum of thirty-six (36) inches above the ground at time of planting and shall be maintained in perpetuity at a height of no less than sixty (60) inches. 15 ORDINANCE NO. 3205 (10) The Developer shall provide irrigation system details on the landscape plan prior to preliminary plat approval, that include the minimum standards as follows: (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 a 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. (11) The Surface Water Quality Monitoring Plan Schedule B from the Settlement Agreement between Parker Daniels and the Conservancy of Southwest Florida is attached hereto and made a part hereof as Exhibit C. (a) For all water sampling specified in the Settlement Agreement, the detection limits for metals Arsenic, Lead and Copper shall be reduced to lug/l. (12) If the project proposes to construct twenty (20) foot deep lakes, a permit modification must be submitted and approved by the South Florida Water Management District (SFWMD) prior to preliminary plat approval. 16 ORDINANCE NO. 3205 Twenty (20) foot deep lakes represent a maximum depth for lakes and are allowed with the condition that the excavation does not penetrate a groundwater confining layer. Excavations deeper than twelve (12) feet must address long-term management strategies for the lake which include, at a minimum the conditions in a Deep Lake Management Plan as follows: (a) A destratiiication system shall be installed in any lake that exceeds twelve (12) feet in depth prior to certificate of compliance for the development order. Documentation that the proposed destratiiication system is adequately sized and designed for each lake deeper than twelve (12) feet shall be submitted prior to preliminary plat approval. (b) Native shade trees, meeting the specifications of the Lee County Land Development Code (LCLDC) section 10-416(a)(1) must be planted around the lake perimeter, calculated at one tree per one hundred (100) feet of lake shoreline measured at control elevation. The tree planting is in addition to other required trees and must be coordinated with lake littoral plant requirements. The planting locations proposed to meet the wetland herbaceous plant requirements set forth in the LCLDC section 10-418, and other additional trees, must be graphically detailed as part of the Deep Lake Management Plan. All plants must be grouped or clustered together around the lake perimeter. 17 ORDINANCE NO. 3205 (c) The property owner must record covenants, in a form acceptable to the City Attorney, prior to preliminary plat approval, that address the lake management techniques, including operation of the destratification system specified in the Deep Lake Management Plan, will be maintained for the life of the lake. (d) A post -construction bathymetric survey, signed and sealed by a professional surveyor and mapper, must be submitted to the Community Development Department prior to certificate of compliance. (e) Approval of a maximum excavation depth does not grant the right to achieve that depth if it creates surplus material that would not otherwise be created if the excavation was ceased at a lesser depth. (fl If the excavation exceeds the maximum controlled water depth of twenty (20) feet, the developer will be liable for a fine of two dollars ($2.00) per cubic yard (in -situ measure) for each cubic yard of material excavated beyond the maximum controlled water depth. The penalty may not exceed those provided in Florida Statutes, Chapter 162. (g) No excavated material will be removed from the project site. (13) The bridge structure across the Six Mile Cypress Slough Arm will be constructed at a width no greater than sixty-three (63) feet, and spans totaling three hundred (300) feet, with a minimum six (6) foot clearance. ORDINANCE NO. 3205 (14) Prior to preliminary plat approval, the Parker Daniels Project shall provide written certification to the City that the project lighting is in compliance with Lee County lighting requirements (in place as of May 2004). As per the lighting requirements the fixtures and placement of fixtures shall be designed to minimize sky glow and illumination of the Six Mile Cypress Slough and the Six Mile Cypress Slough Arm, in accordance with the Lee County Lighting Standards, Exhibit E. (15) A copy of the project's Conservation Easement as described in the Army Corps of Engineers permit which includes preservation and restoration of 147.5 acres, more or less, of wetlands and uplands through perpetual eradication of exotic and nuisance plant species as defined by the Florida Exotic Pest Plant Council List of Invasive Species (EPPC) Category 1, shall be provided as part of the application for preliminary plat approval. At preliminary plat approval, the City Surveyor must make a finding that the plat is consistent with the Conservation Easement. (16) The developer shall provide a copy of the Surface Water Management District permit and plans as part of the application for preliminary plat approval. At preliminary plat approval, the City Surveyor must make a finding that the plat is consistent with the plans. (17) Prior to issuance of a land clearing or site work permit, all preserve and wetland areas shall be staked and fenced for protection during construction activities. (18) The developer shall include educational information in sales brochures for residents that educates the residents 19 ORDINANCE NO. 3205 regarding the sensitive setting of the project next to the Six Mile Cypress Slough, and which identifies native plants and xeriscape techniques for landscaping, identifies and explains the invasive nature of noxious exotic species in the south Florida landscape and control methods. The homeowner's documents shall designate who will enforce and oversee compliance with the exotic eradication in perpetuity. This designation to be provided at preliminary plat approval. (19) At construction stakeout the developer shall make every reasonable effort to incorporate existing native trees, shrubs, ground cover and heritage trees adjacent to conservation areas, perimeter berms and lakes. (20) The developer shall provide educational material to residents at time of closing that educates the residents about minimizing potential human/bear interactions. (21) The developer shall implement the Big Cypress Fox Squirrel Habitat Management plan labeled Exhibit D as required by South Florida Water Management District (SFWMD) ERP No. 36-04092-P. (22) Documentation concerning the function and maintenance of drainage features will be provided to purchasers of single family lots at time of closing that advises the residents to avoid encroachment into drainage easements. (23) Educational information shall be provided to buyers about this regions year round water restrictions at time of closing. (24) In lieu of a tree survey a good quality color aerial and Florida Land Use Land Cover Classification System (FLUCCS) map will be submitted to the Community 20 ORDINANCE NO. 3205 Development Department showing areas of impact and preservation at time of final plat submittal. (25) Rear yard setbacks for principal structures will be twenty-five (25) feet measured from the rear lot line inclusive of the perimeter berm and swale but no less than five feet from the easement edge closest to the principal structure. (26) The developer will provide fencing or a native vegetative barrier and signs at the development/conservation area interface at two hundred (200) foot maximum centers. (27) A copy of the Water Management District and Army Corps of Engineers permits, including the Urban Stormwater Management Program for the Parker Daniels Development Fort Myers, Florida (Exhibit 18 of the South Florida Water Management District permit) and Stormwater Pollution Prevention Plan for Construction Activities (Exhibit 19 of the South Florida Water Management District permit) in the Water Management District Environmental Reserve permit shall be submitted to the Community Development Department at time of preliminary plat submittal. (28) Bulkheads on lakes may be placed adjacent to single-family homes if a littoral planting area, a minimum of three (3) feet wide is installed on the lakeside of the bulkhead. (29) To address water quality concerns, water quality sampling and analysis of both the Mid -Hawthorn and Surficial groundwater shall be conducted to identify the constituents of the groundwater and establish baseline levels. Groundwater sampling shall include a Standard Complete Chemical Analysis upon construction of the groundwater 21 ORDINANCE NO. 3205 wells. The referenced analysis to include, Calcium, Magnesium, Sodium, Potassium, Strontium Bicarbonate, Carbonate, Sulfate, Chlorides, Nitrate, Fluoride, TDS, Total hardness, Non -carbonate hardness, alkalinity, pH, Conductivity, Silica and Iron. This sampling shall be done at time of well construction for one well in each aquifer (i.e. Surficial and Mid -Hawthorn). a. The Surficial aquifer sampling and analysis shall be conducted in shallow wells located between the project discharges and the wetlands. b. Sample results will be reported to the South Florida Water Management District (SFWMD), City of Fort Myers Community Development Department, Lee County Natural Resources Department, and Conservancy of Southwest Florida within thirty (30) days of sample collection. (30) Sidewalks shall be installed on both sides of the main spine road. (31) The City shall work with the developer to ensure the appropriate timing for addressing compliance with all of the environmental conditions. The City shall ensure compliance at the time of plan/plat submittal, and prior to the certification of the Project as complete. SECTION 6. Commitments and requirements of the Parker Daniels Planned Unit Development are as follows: (a) School impacts associated with the project will be addressed through the payment of impact fees. (b) Public safety and governmental services impacts are provided in Sections 10, 11 and 12 of the Annexation Agreement by and 22 ORDINANCE NO. 3205 among Parker Daniels, Inc., William S. McJunkin, Frances S. McJunkin, and the City of Fort Myers. Water and Sewage impacts. As provided by the terms and conditions of the above referenced annexation agreement. (c) All provisions of the Annexation Agreement, as it may be amended, by and among Parker Daniels, Inc., William S. McJunkin, and Frances S. McJunkin and the City of Fort Myers dated September 25, 2002, as amended on May 17, 2004, not otherwise addressed shall by reference herein be made a part of the regulations which apply to the development of the Parker Daniels, Inc., Planned Unit Development, a mixed -use residential community. d) In addition to the requirements of the Planned Unit Development, the developer shall be required to file a preliminary subdivision plat and record all final subdivision plats, and subsequent replats prior to the development of the property, in accordance with Chapter 28, Subdivisions of the Growth Management Code. e) The developer will be required to provide all site related transportation facilities on Penzance Road west of Palomino Lane and any site related improvements needed to the existing two lane section of Palomino Lane lying north of the point where Renaissance development access transects Palomino Lane to the intersection of Penzance Road and Palomino Lane. fl The developer will pay transportation impact fees and will address site related impacts. g) The residential development shall follow the attached lighting standards, Exhibit E. h) The developer shall perform surface water quality monitoring in accordance with the standards set forth in the attached Exhibit F. 23 ORDINANCE NO. 3205 i) The developer shall provide the city engineer with a copy of all surface water quality monitoring reports performed in accordance with the standards set forth in Exhibit F. k) Depending on the source of water used for irrigation, additional water quality monitoring may be required until reclaimed water becomes available. The developer may utilize any of the options as follows: 1. The Developer presently has a water use permit from the SFWMD to utilize groundwater from the surficial and Mid -Hawthorn aquifers for irrigation purposes. The water from both aquifers will be mixed in the surface water management system prior to being pumped into, the irrigation distribution system. If the Developer chooses to utilize groundwater from the Mid -Hawthorn aquifer, the Developer shall institute additional monitoring as per attached Exhibit A. These additional monitoring requirements will cease upon utilization of Options k.2 or k.3 2. If approved by SFWMD, the Developer may utilize surficial and Mid -Hawthorn aquifers for irrigation water supply and store the Mid -Hawthorn water in an isolated storage pond prior to pumping it into the irrigation system. The Mid -Hawthorn water may be mixed with surficial aquifer water within the distribution system but may not be mixed within the surface water management system. If the Developer selects this option, monitoring of the groundwater shall be required. 24 ORDINANCE NO. 3205 3. On a temporary basis until reclaimed water becomes available, the Developer may utilize potable water if approved by SFWMD, for irrigation and no groundwater monitoring will be required. 1) The Developer shall utilize reclaimed water from the City of Fort Myers, when it become available, for irrigation purposes and no groundwater monitoring will be required. m) Regardless of which option under condition k the Developer chooses, the Developer will be required to extend a water reclaimed line to service the development at the time the reclaimed water line is constructed from the front entrance of Palomino Estates to the Parker Daniels site. Palomino Estates Development is required by its ordinance, in conjunction with the City, to construct a reclaimed water line from its present terminus on Treeline Avenue, south along Treeline to the GSD Canal, along the GSD Canal, under Interstate 75 to the Palomino Estates Development. The developer and the City will enter into an utility agreement that will address location, size and location of reclaimed water lines. The City agrees to reserve reuse capacity in the amount of 400,000 gpd for use by the Parker Daniels 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. SECTION 7. All development approvals shall be binding upon the owner, developer, successors, and assigns. SECTION 8. Copies of the plans and specifications referenced herein are on file in the City Clerk's Office and the Community Development Department. SECTION 9. Failure to comply with the terms and conditions of the Planned Unit Development will result in the termination 25 ORDINANCE NO. 3205 of the Planned Unit Development, upon written notice to the developer. In such case, the Planned Unit Development shall become null and void and the zoning shall revert to that which most closely parallels the current housing structure types and uses as governed by Residential AAA for that land which is vacant. The developer also agrees to the irrigation supply and water quality monitoring conditions as outlined in Exhibit G. If the Planned Unit Development shall become null and void, the developer shall reimburse the City for all costs associated with the then required Future Land Use Map Amendment to address the re -zoning. SECTION 10. A notice of public hearing was published in a newspaper of general circulation in accordance with applicable law. SECTION 11. 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 12. This ordinance shall become effective immediately upon adoption. 26 ORDINANCE NO. 3205 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this Th day of June, A.D., 2004. p.m. 2004. Yea — z Tammara Hall Yea �y Veronica S. Shoemaker 1 Yea n M.t7g'Ed.D. Yea Mich el FlAAers Randall P. Henderson, Jr. Council Members APPROVED this Th day of June, A.D., 2004, at 5.4 h o'clock FILED in the Office of the City Clerk this Th day of June, A.D., 27 Marie Adams, CMC City Clerk ORDINANCE NO. 3205 EXHIBIT "A" LEGAL DESCRIPTION The South Half (S 1/2) of Section 9, Township 45 South, Range 25 East, lying and being in Lee County, Florida. Less and except those portions acquired by Lee County in a portion of Deed Book 243, Page 483 (said portion being described below), Official Records Book 2137, Page 1110, and Official Records Book 2557, Page 1284, all in the public records of Lee County, Florida. A portion of Deed Book 243, Page 483 A 5o foot strip of land, the centerline of which is described as follows to -wit: Beginning at the SW Corner of Section 9, Township 45 South, Range 25 East; thence proceed east on the southerly boundary of said Section 9 for 2,640 feet, to the center line of said Section 9, and the end of said 50 foot strip. Official Records Book 2137, Page 1110-1113: A tract or parcel of land lying in Township 45 South, Range 25 East, parcel is described as follows: the South Half (S 1/2) of Section 9, Lee County, Florida which tract or Beginning at the southwest corner of said fraction and said section run North 01 °42'49" West, along the west line of said fraction and said section for 2652.74 feet, to the northwest corner of said fraction; thence run North 88°48'54" East, along the north line of said fraction for 1913.00 feet; thence run South 17°28'25" West, for 81.59 feet; thence run South 88°30' West for 335 feet; thence run South 11'30' West for 590 feet; thence run South 25°45' West for 705 feet; thence run South 30°00' West for 1,600 feet, to a intersection with the south line of said fraction and said section; thence run South 88°41' 12" West, along said south line for 250 feet, to the point of beginning. Containing 62.21 acres more of less. Official Records Book 2557, Page 1284: The south 30 feet, of the Southeast 1/4, of Section 9, Township 45 South, Range 25 East, said land situate, lying and being in Lee County, Florida. The above described all lying within Section 9, Township 45 South, Range 25 East, and contains 254.80 acres. -and- The South One -Half (S 1/2), of the Southwest One -Quarter (SW 1/4) of the Southwest One -Quarter (SW 1/4), of the Southwest One -Quarter (SW 1/4), of Section 10, Township 45 South, Range 25 East, Lee County, Florida The above described all lying within Section 10, Township 45 South, Range 25 East, and contains 4.894 acres. A-1 ORDINANCE NO. 3205 -and- The Northeast 1/4 of Section 9, Township 45 South, Range 25 East, Lee County, Florida, less and except a parcel deeded to Lee County as recorded in Official Records Book 1482, Page 801; together with an easement recorded in OR Book 2315, Page 242, over, upon and under the following described property; The south 60 feet of the west 690 feet of the Southwest 1/4 of the Northwest 1/4 in Section 10, Township 45 South, Range 25 East, Lee County, Florida; -and- The north 5 feet of the east 30 feet of the North 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 45 South, Range 25 East, Lee County, Florida; -and- The north 5 feet of the west 30 feet of the North 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 45 South, Range 25 East, Lee County, Florida. The less -out from Official Records Book 1482, Page 801, being described as follows: A tract of parcel of land lying in the North Half (N 1/2), of the Northeast Quarter (NE 1/4), Section 9, Township 45 South, Range 25 East, Lee County, Florida which tract of parcel is described as follows: Beginning at the northwest corner of said fraction of a section, run North 88°54'33" east, along the north line of said fraction for 745 feet; thence run South 34° 15' West, for 115 feet: thence run South 52°30' West, for 675 feet; thence run South 34°45' West, for 227.02 feet, to an intersection with the west line of said fraction; thence run North 01 ° 17' 12" West, along said west line for 678.48 feet, to the point of beginning. Containing 5.55 acres, more or less. Subject to easements, restrictions and reservations of record. And subject to and including the mutual easement for ingress and egress as described in Official Records Book 2234, Page 3800-3805, Lee County public records. And subject to an easement for ingress and egress as described in Official Records Book 1888, Pages 1044-1045, Lee County public records. -and- The Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 25 East, Lee County, Florida, less the parcel for road right-of-way as legally described in Official Record Book 1149, Page 1746, containing approximately 5.62 acres; A-2 ORDINANCE NO. 3205 -and- Less the acquisition parcel of Six Mile Cypress as legally described in Official Records Book 1666, Page 3669, containing 124.84 acres more or less; -and- Less that portion of the Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 25 East, lying west of the westerly right-of-way of Six Mile Cypress Parkway (State Road 80B), Lee County Florida. (From Official Records Book 1666, Page 3669, Lee County records.) A tract or parcel of land lying in the Northwest Quarter (NW 1/4), of Section 9, Township 45 South, Range 25 East, Lee County, Florida which tract or parcel is described as follows: Beginning at the northeast corner of said fraction, run South 01 ° 17' 12" East, along the east line of said fraction for 445 feet; thence run South 54" 15' West for 138 feet; thence run South 23°38' West for 156 feet; thence run South 32°50' West for 333 feet; thence run South 45°48' West for 116 feet; thence run South 10' 11'22" West for 145.26 feet; thence run South 35' 11'22" West for 391.20 feet; thence run South 42°54' West for 198 feet; thence run South 16°37' West for 137 feet; thence run South 18° 19' East for 116 feet; thence run South 64°29'06" East for 374.25 feet; thence run South 17°28'25" West for 620.57 feet; thence run North 76°21'58" West for 268.08 feet; thence run South 69°31'50" West for 105.28 feet; thence run South 42°27'53" West for 89.83 feet, to an intersection with the south line of said fraction; thence run South 88°48'54" West along said south line for 1,502.99 feet, to the southwest corner of said fraction; thence run North 01 °42'49" West, along the west line of said fraction and said section for 1,631.64 feet, to an intersection with the southeasterly line of Six Mile Parkway (250 feet wide); thence run northeasterly, along said southeasterly line along the arc of a curve to the right of radius 5,604.58 feet (chord bearing North 32°45'28" East) for 569.60 feet, to a point of tangency; thence continue along said southeasterly line, North 35°40' 10" East for 684.23 feet to an intersection with the north line of said fraction and said section; thence run North 88°54'33" East along said north line, for 1,930.02 feet to the point of beginning. Containing 124.84 acres, more or less. Bearings herein above -mentioned are plane coordinate for the Florida West Zone. The above -described tracts of land contain 444.013 acres. A-3 t Jill N cn K— td Vanasse"�..=-�"`' Daylor ......- .-•. ParkerDerielg6Ne .Ian Parker Avd* Ply Mader Wen EA M 7 . Ed*V caramm 4 saaaa. D e ra r-W* •s s ea.v n C. L. C.,.O, n.,+aa ■s oa., a ,...,. e .°mow iii MI: MENEENNEMI Mel till aiiii -.1. t3 i ii �u 7 d a -. t�(6 1 i E 111 i I is 3 e�F'l{if i{lit q ss.s a }t Fl:* It # " sE �$ eta i [ 3 t Y i i q .7 t t € € i� s fill tjt a � L {�! ?�E�'f � � •� � . b $�s � � �_$$� •i " C-a+ YM14dW M1W �•�� Daylor �'^W� 90010atte6 lMrg `•� !',,,,^�"'�` erm �v ��urw.vmr 1 awu ra.u.m aw. re�a o�ai aw ieiiW r►o E16W V no u..aw nr: s � � ,s S. R&W n e r Vanasse � -- �- .�. a� AUDUM (NWD N I Q� 8 9 1 Q �i # I d � i � I1 F E a i$i Aa,. E4Q gswt , Y p9 ¢ 11 Vanasse— m Daylor ..,... =,. 9,99 °�' FtYJaa, wis 33999 Parka OMliak PAD Muh9 m o &M T QNa9 aMal m9�t p imt IS S &W 23 L lai s Nw JM a aw sx r-x-u ;/ RR i i i e Fa O O N e�� � g � �� � �e• � c�� F Y� � c 32c iC ig �� �'���� 9d �i 4i4� i�€ .. - yj f i Y � F �� €1 2 � 2�4 4� •�i ,� f 2�R � a � �i � ...if 3 C71 Vanasse «a Daylor ,.,,,�,s:.. awo,. ara< n yr+s ro m aroaa ps*w DW* PW Mods Plan EWkW I • (alakGpaDalalBhlef s ctnn a s 14 r--* +s s a°". a c to Courtly, �� w r-u-u •= sx-u ORDINANCE NO. 3205 EXHIBIT "C" PARKER DANIELS SURFACE WATER QUALITY MONITORING PLAN OBJECTIVE: To monitor pre -development and post -development surface water quality at the proposed Parker Daniels development. The; surface water quality monitoring plan consists of the following items: 1. Pre -Development Surface Water Quality Baseline Standard Location 2. Post -Development Surface Water Quality Sample Locations 3. Surface Water Quality Sample Frequency 4. Laboratory Analysis S. Surface Water Quality Monitoring Report 6. Surface Water Quality Monitoring Plan Revisions PRE -DEVELOPMENT SURFACE WATER QUALITY BASELINE STANDARD LOCATION A location map that shows the location of the pre -development surface water quality Baseline Standard location is provided as Figure 1. The monitoring performed by Lee County in Six Mile Cypress Slough for station Six Mile #3 will serve as the pre -development surface water quality Baseline Standard as shown in the following table. Analyte Units of Measure Median or 50 Percentile 8& Percentile TN m 0.78 1.16 TP In 0.06 0.17 BOD m 1.6 3.0 TSS See Note A mg/L 1.7 6.0 Note A: The level described in the 800 percentile is not the 80a` percentile figure but a level agreed upon by Parker and the Conservancy. POST -DEVELOPMENT SURFACE WATER QUALITY SAMPLE LOCATION. The post -development surface water quality sample will be collected at control structure CS-1 and CS-3, which are located south and north, respectively, of the arm of the Six Mile Cypress Slough. These sample locations will be representative of other residential areas over which surface water flows and ultimately discharges from the storm water management system. Additionally, CS-1 and CS-3 are located near the Six Mile Cypress Slough. A location map that shows the location of post -development surface water sample locations are provided as Figure 2. The sample will be collected upstream of the control structure and prior to leaving the project site. The surface water samples will be collected by qualified personnel in accordance with ORDINANCE NO. 3205 EXHIBIT "C" sampling procedures outlined in FDEP-SOP-001/01. The surface water sample will be grab collected using laboratory supplied containers and placed immediately on ice in a laboratory supplied cooler. The surface water quality samples will be shipped overnight using chain -of - custody procedures to a State of Florida, Department of Health, Bureau of Laboratories certified (NE:LAP) environmental laboratory for analysis. SURFACE WATER QUALITY SAMPLE FREQUENCY. Pre. -development surface water samples are those taken by Lee County at the site known as Six Mile #3. No further pre -development sampling is proposed. The, post -development samples will be collected monthly when discharge over the control structure is observed. Post -development sampling and laboratory analysis will commence on either the south or the north side of the project after 50% completion of that portion of the proposed project. The entity responsible for the stormwater management system shall submit an annual report to the District, with a copy to the City of Fort Myers and the Conservancy, that provides the number of certificates of occupancy issued for the north and south sides of the project. LABORATORY ANALYSIS The following table lists the parameters that will be analyzed. Parameter Minimum Detection Limits specific conductance 0.3 umho/cm pH N/A turbidity (NM 0.1 NTU total suspended solids 1 mg/1 total nitrogen 0.05 mg/l total Kjeldahl nitrogen 0.05 mg/l total ammonia nitrogen 0.01 mg/l total nitrite + nitrate nitrogen 0.005 mg/l dissolved orthophosphate 0.001 mg/l total phosphorus 0.003 mg/1 Chlorophyll a, Spectrophotometric Method 0.5 ug/1 BOD 2 mg/1 Oil & Grease 5 mg/l Copper 3 ug/1 Dissolved Oxygen 0.2 mg/l *Fecal Coliform N/A *Arsenic 5 ug/1 ORDINANCE NO. 3205 EXHIBIT "C" Parameter Minimum Detection Limits *Lea 5 ug/1 Pesticides — 619 Screen Hardness N/A *Tested once a year. SURFACE WATER QUALITY MONITORING REPORTS. The monitoring results from each monitoring event shall be submitted to the South Florida Water Management District. Copies will also be provided to the City Engineer of the Department of Public Works, the City Clerk of the City of Fort Myers, and the Conservancy. In addition, an annual report, for the report period of October 1 through September 30, shall be submitted to the South Florida Water Management District, with copies to the City of Fort Myers and the Conservancy of Southwest Florida, by December 31 of each year. The report will contain a description of field conditions, field sampling methods, laboratory analytical reports, and tables for ease of interpretation. The annual report will also contain site location data; including, coordinates and text directions to the sample locations. Appropriate statistical methods will be applied to the laboratory analytical data to identify changes or trends in water quality. The table of laboratory analytical results will be provided in electronic format. Post -development water quality results will be compared to the Baseline Standards and to the narrative and numerical standards listed in the State of Florida Water Quality Standards for Class III Waters, Chapter 62- 302, Florida Administrative Code, as applicable to the Parker Daniels development. The commercially applied quantities of fertilizer, herbicides, and pesticides will be listed in the annual report along with listed contents for a period of three years. The 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 numerical or narrative State standards set forth in the State of Florida Water Quality Standards for Class III Waters, Chapter 62-302, Florida Administrative Code, as applicable to the Parker Daniels development. SURFACE WATER QUALITY MONITORING PLAN REVISIONS The District will review the monitoring requirements three (3) years after commencement of monitoring to determine if reduction or elimination of the monitoring requirements are justified. Justification for the reduction or elimination will be based on non-exceedance of Baseline Standards or State Water Quality Standards by waters of the project site during the previous three (3) years. If monitoring is not eliminated at that time, the District shall review the monitoring results each year thereafter to determine if continued monitoring is necessary. 1 u .•'__. � t- fir S;p��,. �^� �� tt� ENGINEERING ORDINANCE NO. 3205 EXHIBIT "C" SURF -ACE WlTER— ~L E LOCAIM Penzance Blvd. WORMKnON ON DRAWINC OBTAINED FROM VANASSE & DAYLOR, LLP DATED MAY 1, 2003 POST -DEVELOPMENT SURFACE WATER SAMPLE LOCATIOON MAP E N G I N E E R I N G PARKER DANIELS PARCEL FIOURU io ORDINANCE NO. 3205 0 0 a EXHIBIT "D" no o. fu Z (U. o 04V) � � o� `o o pq 4111-01 ' ORDINANCE NO. 3205 EXHIBIT "D" °4-1 oo o 4. A off' M 0 a O .�'� ~, 42 a . C) —,o L9 y A ORDINANCE NO. 3205 EXHIBIT E Sec. 34-625. Outdoor lighting standards. (a) Purpose. The purpose of this provision is to curtail and reverse the degradation of the night time visual environment by minimizing light pollution, glare, and light trespass through regulation of the form and use of outdoor lighting; and to conserve energy and resources while maintaining night-time safety, utility, security and productivity. (b) Applicability. All new luminaires, regardless of whether a development order is required, must comply with the provisions and standards of this section. (c) General, exemptions. The following are generally exempt from the provisions of this section: (1) Emergency lighting required. for public safety and hazard warning luminaires required by federal or state regulatory agencies; (2) Outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene and gasoline; (3) Low wattage holiday decorative lighting fixtures (comprised by incandescent bulbs of less than 8 watts each or other lamps of output less than 100 lumens each) used for holiday decoration; and (4) Lighting for public roads except as provided in section 14-77. (d) Standards and Criteria —In addition to the standards and criteria for outdoor lighting established in this subsection, there are.standards for sea turtle lighting in chapter 14, Article I, division 2 of this code and further technical standards are specified in a related county administrative code. When specific standards are not addressed in these sources, the standards of the Illuminating Engineering Society of North America (IESNA) will apply. (1) Illuminance. Table 1 is provided as a general synopsis of. the illumination level requirements. These levels are based upon general use or task categories and are measured in footcandles on the task surface (for example the parking lot or area, surface) with a light meter held parallel to the ground or other surface, facing up, unless otherwise specifically stated. Table 1. Illumination Level Requirements (1) TARI F INRFT- Useffask Initial Actual Footcandles (2),(4) Initial Uniformity Avg. (3) Parking, multifamily Low vehicular/pedestrian activity 0 3 min. 4:1 Medium vehiculadpedestrian activity 10.8 min. 4:1 Parking, Industrialkommerciall institutional, municipal ORDINANCE NO. 3205 EXHIBIT E UselTask Initial Actual Initial Uniformity Footcandles (2),(4) Avg. (3) High activity, e.g.,shopping centers, fast food 1.2.min. 4:1 facilities, major athietiddvic, cultural events. Medium activity, e.g., office parks, hospitals, 0.8 min. 4:1 commuter lots, culturallciviclrecreational events Low activity, e.g., neighborhood shopping, 0.3 min. 4:1 . indusbW employee parking, school., church ping . Non-residenttai walkways and bikeways 10.3 min. 5:1 canopy, drhre4hru, fuel pumps, overhang 16.0 min 5:1 Notes: (1) These specified illumination level criteria are the initial actual levels to be measured at the time of final inspection fora certificate of compliance. The outdoor lighting must be maintained so the average illumination levels do not increase above the specked values. The minimum illumination levels may decrease over time consistent with the Light Loss Factor (LLF) associated with the installed fixtures. (2) In no case may the illumination exceed 0.5 footcandle measured, at the property line. The amount of illumination projected onto a residentially zoned property or use from another property, may not exceed 0.2 footcandle measured at 10 feet from the property line onto the adjacent residential property. (3) Uniformity ratios dictate that the average illumination values may not exceed initial values by more than the product of the initial value and the specific ratio. For example, in the case of commercial parking and high activity, the initial average illuminance may not be in excess of 4.8 footcandles (1.2 x 4). (4) Where all night -safety or security lighting is to be provided, the lighting intensity levels should provide the lowest possible illumination to discourage crime and undesirable activity and to.effectively allow surveillance but may not exceed 50 percent of the levels normally permitted for the use as specified in this code. (2) Lamp standards. Lamp types. and colors must be in harmony with the adjacent community, any special circumstances existing on the site, and with surrounding installations. Lamp types must be consistent with the task and setting and should not create a mix of colors unless otherwise specifically approved by the director for a cause. shown. Specifically, mercury vapor lamps are prohibited. The installation, sale, offering for sale, lease or purchase of any mercury vapor light fixture or lamp for use as outdoor lighting in the county is specifically prohibited. Lighting of outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, etc. are exempt from the lamp type standards provided. that all other applicable provisions are met. (3) Luminaire standards. Fully shielded, full cutoff luminaires with, recessed bulbs ORDINANCE NO. 3205 EXHIBIT E and flat lenses are the only permitted fixtures for outdoor lighting, with the following exceptions. a. Luminaires that have a maximum output of 260 lumens per fixture (the approximate output of one 20 watt incandescent bulb), regardless of number of bulbs, may be left unshielded provided the fixture has an opaque top to keep light from shining directly up. b. Luminaires that have a maximum output of 1,000 lumens per fixture (the approximate output of one 60. watt incandescent bulb), regardless of number of bulbs, may be partially shielded, provided the bulb is not visible, and the fixture has an opaque top to keep light from shining directly up. c. Sensor activated lighting may be unshielded provided it is located in such a manner as to prevent direct glare and lighting into properties of others or into a public right-of-way, and provided the light is set to only go on when activated and to go off within five minutes after activation has ceased, and the light must. not be triggered by activity off the property. Flood or spot.luminaires with a lamp or lamps rated at 900 lumens or less may be used except that no spot or flood luminaire -may be aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, or directed skyward, or directed towards the shoreline areas, The luminaire must be redirected or aimed so that illumination is directed to the designated areas and its light output controlled as necessary to eliminate such conditions. Illumination resulting from such lighting must be considered as contributing to the illumination levels specified herein. e. All externally illuminated billboards and signs must be lighted by shielded fixtures mounted at the top of the sign and aimed downward. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds. with light lettering or symbols -is preferred to minimize detrimental effects. Illumination resulting from sign lighting must be considered as contributing to the illumination levels specified herein. f. Fixtures used to accent architectural .features, materials, colors, style of buildings, landscaping, or art must be located, aimed and shielded so that light is directed only on those features. Such fixtures must be aimed or shielded to minimize light spill onto adjacent properties or into the night sky in conformance with illumination and luminaire standards. g. All non -essential exterior commercial lighting must be turned off after business hours. (4) Luminaire mount standards. the following standards apply to luminaire mountings. a. Free standing luminaires. Light poles must be placed on the interior of the site. When light poles are proposed to be placed on the perimeter of the ORDINANCE NO., 3205 EXHIBIT E site, specific, consideration should be addressed to compliance with the illumination standards at the property line and off the property onto adjacent residential property. The maximum height of light poles for parking lots and vehicular use areas may not exceed 25 feet measured from the ground level directly below the. luminaire to the bottom of the lamp itself. Light poles located within 50 feet of a residentially zoned property or use may not exceed 15 feet. Poles used to illuminate pedestrian walkways may not exceed 15 feet. Lighting for outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, etc., are exempt from the mounting height standards provided that all other. applicable provisions are met. b. Building mounted luminaires. These luminaires. may only be attached to the building walls and the top of the fixture may not exceed the height of the parapet, or the roof, or 25 feet, whichever is the lowest. C. Canopy lighting. Light fixtures mounted on the underside of a canopy must be recessed or shielded full cutoff type so that the light is restrained to 85 degrees or less from the vertical. As an alternative (or supplement) to the canopy ceiling lights, indirect lighting may be used where the light is beamed upward and then reflected down from the underside of the canopy. When this. method is used, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. No part of the canopy may be back -lighted. Lights may not be mounted on the top or sides (fascias) of the canopy. The sides (fascias) of the canopy may not be illuminated in any mariner. d. Trees and landscaping. To avoid conflicts, locations of all light poles and fixtures must be coordinated with .the locations of all trees and landscaping whether existing or shown. on the landscaping plan. Vegetation screens may not be employed to. serve as the means for controlling glare. Glare control must be achieved through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. (e) Development order and permit criteria. The applicant for any development order or building permit, as applicable under the provisions of this code involving outdoor lighting fixtures, must submit as part of the application evidence .that the proposed work will comply with the outdoor lighting standards of this code. Specifically the submission must include the following: , 1. Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices. . 2. A detailed description of the reflectors, and other devices. catalogue cuts and drawings wattages for each fixture. illuminating devices, fixtures, lamps, supports, The . description must include manufacturer's including pictures, sections, and proposed 3. All applications for development orders or building permits, except for single family and duplex building permits, must provide photometric data, such as that ORDINANCE NO. 3205 EXHIBIT E .fumished by the manufacturer of the proposed illuminating devices, showing the angle of cut-off and other characteristics of the light emissions including references to the standards contained herein. 4. All applications for development orders or building permits, except for single family and duplex building permits, must provide. photometrics in initial footcandles output for all proposed and existing fixtures on -site shown on a 20 foot by 20 foot grid on an appropriately scaled plan. On -site lighting to be included in the calculations must include, but is not limited to, lighting for parking lot, canopies, and building mounted and recessed lighting along the building facades and overhangs. The photometric plan must include a table showing the. average, minimum, and maximum footcandles of illumination on the site and within 50 feet of the site and the calculations deriving the averages. Evidence must be provided demonstrating that the proposed lighting plan will comply with the requirements of this code. The use of a light loss factor (LLF) is not permitted in these photometrics. This photometric ,plan must be coordinated with the landscape plan to identify the location of trees and other landscaping features with respect to the lighting devices. Rejection or acceptance of the photometric plan will be based on this code. (f) Compliance. Prior to the final inspection for a certificate of compliance pursuant to section 10-183, site verified footcandle readings must be provided demonstrating that the outdoor lighting, as installed, conforms with the proposed photometrics and the letter of substantial compliance provided by a registered professional engineer must include a certification that the outdoor lighting is in compliance with this code. 2. If any outdoor light fixture or the type of light source therein, is changed after the permit or development order has been issued, a change request or development order amendment must be submitted for approval together with adequate information to assure compliance with this code. This request or amendment must be approved prior to the installation of the proposed change. 3. Outdoor lighting must be maintained in compliance with this code. (g) Existing outdoor lighting. Light pole height requirements do not apply to existing light poles. Existing light fixtures must be brought into compliance with this code within ten years of the adoption of this code (June 24, 2003). Any fixtures replaced after the date of the adoption of this code (June 24, 2003) must be replaced with fixtures that comply with the standards established herein. Illuminance levels specified in this code apply to all outdoor lighting. (Ord. No. 03-16, § 6, 6-24-03) Secs.34-626--34-650. Reserved. ORDINANCE NO. 3205 EXHIBIT F EXHIBIT "F" Section I from Settlement Agreement by and between Parker Daniels, Inc. and Conservancy of Southwest Florida, dated January 8, 2004 1. Surface Water Quality Monitoring Program. 1.1 Parker hereby agrees, to implement the surface water quality monitoring program set forth in the Surface Water Quality Monitoring Plan attached and incorporated hereto as Schedule "B" (the "Surface Water Quality Monitoring Agreement'). The "Baseline Standard" to be used in the Surface Water Quality Monitoring Agreement shall be the pre - development levels established by the data for the Six Mile #3 water quality monitoring site for constituents with narrative water quality standards in the State of Florida Water Quality Standards for Class III Waters (Chapter 62-302, Florida Administrative Code), as applicable to Parker Daniels development, as specified in the Surface Water Quality Monitoring Agreement. 1.2 Parker further agrees that the requirements of the Surface Water Quality Monitoring Agreement will be incorporated in and made a part of a revised permit to be submitted for approval to the South Florida Water Management District. If the District does not approve the revised permit containing the requirements of the Surface Water Quality Monitoring Agreement, then Parker agrees to incorporate these requirements into the Planned Unit Development ("PUD") zoning application to be submitted to the City of Fort Myers with respect to the Parker Daniels development. In the event the District does not approve the revised permit and the Surface Water Quality Monitoring Agreement is to be incorporated into the PUD a letter signed by Parker shall be delivered to the City setting forth the requirements of this Section. 1.3 All water quality sampling reports and plans required to be. filed pursuant to the Surface Water Quality Monitoring Agreement will be filed with the South Florida Water Management District. Copies will also be provided to the City Engineer of the Department of Public Works, the City Clerk of the City of Fort Myers, and the Conservancy. 1.4 The monitoring results shall be.compared to the numerical values set forth in the State of Florida Water Quality Standards for Class III Waters (Chapter 62-302 Florida Administrative Code), as applicable to. the Parker Daniels development. If the post -development monitoring results exceed the aforesaid State Water Quality Standards for any parameter for 3 out of 4 monitoring events,'the entity responsible for the stormwater management system shall notify the District that State Water Quality Standards have been exceeded: The entity responsible for the stormwater management system shall submit to the District within sixty (60) days a plan of corrective action to bring the stormwater discharges into compliance with State Water Quality Standards. The District shall review the plan, request additional information and revisions to the plan, if necessary, and approve the plan prior to implementation: In reviewing the plan, the District shall consider comments, if any, from the Conservancy. 1.5 The monitoring results shall be compared to the Baseline Standard for monitoring parameters for which there are narrative water quality criteria in State of Florida 2. FINAL 1/7/04 Tampa/27289.14 55286.00100 ORDINANCE NO. 3205 EXHIBIT F Water Quality Standards for Class III Waters (Chapter 62-302 Florida Administrative Code), as applicable to the Parker Daniels development. There will be three levels of review for the monitoring results as compared to the Baseline Standard: (1) if the monitoring results for any parameter exceed the 50" percentile level in, the Baseline Standard for that parameter three out of four consecutive monitoring events, the entity responsible for the stormwater management system shall notify the District that the Baseline Standard for that parameter has been exceeded and shall identify, to the degree possible, why the exceedances occurred; (2) if the monitoring results for any parameter exceed the 50'h percentile level in the Baseline Standard for that parameter for any six (6) consecutive monitoring events, the entity responsible for the stormwater management system shall notify the District that the Baseline Standard for that parameter has been exceeded and shall perform an assessment of the cause or causes of the exceedances and submit the assessment to the District; (3) If the monitoring results for any parameter exceed the 8& percentile level in the Baseline Standard for that parameter three (3) times within any four (4) consecutive events, the entity responsible for the stormwater management system shall notify the District within thirty (30) days that the Baseline Standard for that parameter has been exceeded and shall develop and submit a plan for corrective action to the District within one hundred eighty (180) days that includes: (a) identification of the cause(s) of the exceedances of the Baseline Standard; and (b) proposed modifications, if any, to the Urban Stormwater Management Program that would adjust the best management practices (BMP) or incorporate new BMPs to bring the results back into the range of the Baseline Standard. The District shall review the plan, request additional information and revisions to the plan, if necessary, and approve the plan prior to implementation. In reviewing the plan, the District shall consider comments, if any, from the Conservancy. In addition, for Chlorophyll a, beginning after 100% buildout of either the Parker North Parcel (herein defined) or the Parker South Parcel (herein defined), a trend analysis will be conducted for the analytical results on an annual basis for the water monitoring station and submitted with the annual report described below. If there, is a statistically significant increasing trend in Chlorophyll a after one year or more of sampling following buildout on either the Parker North. Parcel or Parker South Parcel, the entity responsible for stormwater management shall notify the District and shall assess the cause(s) of the statistically significant increasing trend in a. report to the District within sixty (60) days. The report shall also include a plan for adjustment of existing BMPs or additional BMPs to address the causes(s) of the increasing trend in Chlorophyll a discharges. 2. Urban Stormwater Management Program. 2.1 Parker hereby agrees to the Urban Stormwater Management Program attached and -incorporated hereto as Schedule "C" (the "Urban Stormwater Management Program"). 2.2 Parker agrees that the Best Management Practices as described in the Urban Stormwater Management Program, including but not limited to Pest Management Program and Nutrient Management Program, shall be incorporated into a revised South Florida Water Management District permit and made a part of the underlying restrictive covenants placed on Parker Daniels that will bind the various homeowners as well as the Homeowners Association to the applicable portions of the Urban Stormwater Management Program. In addition, Parker shall insure that the overall Urban Stormwater Management Program shall be 3 FINAL 1/7/04 289.14 55286.00 r . 5286.00100 ORDINANCE NO. 3205 EXHIBIT G PARKER DANIELS PUD Proposed Irrigation Supply and Water Quality Monitoring Conditions REVISED BY CITY ON 5/26/04 @ 12:17 PM 1. The Developer will implement the surface water quality monitoring plan agreed to as part of the Settlement Agreement with the Conservancy of Southwest Florida, except that minimum detection limits for arsenic, copper and lead will be reduced to 1 ug/1 as per the environmental consultant recommendation. 2. Depending on the source of water used for irrigation, additional water quality monitoring may be required. The developer may utilize any one of the following options: a. The Developer presently has a water use permit from the SFWMD to utilize groundwater from the surficial and Mid -Hawthorn aquifers for irrigation purposes. The water from both aquifers_ will be mixed in the surface water management system prior to being pumped into the irrigation distribution system. If the Developer chooses to utilize groundwater from the Mid -Hawthorn aquifer, the Developer shall institute additional monitoring as per attached Exhibit A. These additional monitoring requirements will cease upon utiliiation of Option 2.b or 2.c. b. If approved by SFWMD, the Developer may utilize surficial and Mid -Hawthorn aquifers for irrigation water supply and store the Mid -Hawthorn water in an isolated storage pond prior to pumping it into the irrigation system. The Mid -Hawthorn water may be mixed with surficial aquifer water within the distribution system but may not be mixed within.the surface water management system. If the Developer selects this option, no monitoring of the groundwater shall be required. c. The Developer may utilize reclaimed water from the City of Fort Myers for irrigation purposes and no groundwater monitoring will be required. On a temporary basis until reclaimed water becomes available, the Developer may utilize potable water and/or surficial aquifer water, if approved by SFWMD, for irrigation and no groundwater monitoring will be required. 3. Regardless, of which option under condition 2 the Developer chooses, the Developer will be required to construct a reuse water line to service the development at the time the potable water line is constructed from the current terminus of an existing reuse water line at Six Mile Cypress Parkway (near the US Homes Heritage Palms Development), across or under the Six Mile Cypress Slough, and through the adjoining Parker Preserve development to the intersection of Penzance and Palomino Roads. If the Palomino Estates Development chooses to construct their water 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, then the water reuse line to be constructed by Parker will only be constructed from the current terminus of an existing reuse water line at ORDINANCE NO. 3205 EXHIBIT G Six Mile Cypress Parkway (near the US Homes Heritage Palms Development), across or under the Six Mile Cypress Slough into the Parker Development. 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 Annexation Agreement, as amended on May 17, 2004, by and between the City and Parker Daniels). The City agrees to reserve reuse capacity in the amount of 400,000 gpd for use by the Parker Daniels 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.