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
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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.
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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.
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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.
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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:
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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ORDINANCE NO. 3205
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ORDINANCE NO. 3205
EXHIBIT "D"
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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.