Loading...
HomeMy WebLinkAboutOrdinance - City Council - Regular - 3226 - 9/20/2004ORDINANCE NO. 3226 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, ISSUING A DEVELOPMENT ORDER FOR ARBORWOOD, A DEVELOPMENT OF REGIONAL IMPACT LOCATED EAST OF INTERSTATE NO. 75 IN SECTIONS 2, 3, 10, 11, 12, 13, 14, 15 AND 23, TOWNSHIP 45 SOUTH, RANGE 25 EAST; PROVIDING FOR FINDINGS OF FACT, CONDITIONS OF APPROVAL, CONCLUSIONS OF LAW AND ADMINISTRATIVE REQUIREMENTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: Pursuant to Section 380.06, Florida Statutes, the City of Fort Myers City Council conducted a public hearing on September 7, 2004, and September 20, 2004, at which the City Council considered the Application for Development Approval (ADA) for Arborwood, a Development of Regional Impact (DRI), which consists of 2,479.13 acres to be developed in the manner described in the application filed by Worthington Holdings Southwest, LLC, a Florida limited liability company (hereinafter "Worthington"), as owners for said development. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: 1. The City Council, of the City of Fort Myers, Florida has considered the response from the Florida Department of Community Affairs (FDCA), the Southwest Florida Regional Planning Council (SWFRPC), Lee County, the City of Fort Myers Local Planning Agency, the public, and the information and comments made on the record before the City Council, and City Council does hereby adopt the following Findings, Conclusions of Law, and Conditions: ORDINANCE NO. 3226 A. FINDINGS OF FACT 1. Worthington, its successors, assigns, and grantees (hereinafter referred to as Worthington, the Developer, or the Applicant) is the owner and developer of a Development of Regional Impact to be known and hereinafter referred to as Arborwood. 2. The factual findings, conclusions of law, conditions and other terms of this Development Order apply to the property described on the attached Exhibit "A", which is attached hereto and made a part hereof. 3. An ADA for Arborwood was submitted on May 12, 2003. The ADA is consistent with the requirements of Section 380.06, Florida Statutes. The ADA was deemed sufficient by the SWFRPC on January 26, 2004. 4. The development was reviewed by the SWFRPC on March 18, 2004, and April 15, 2004, and the SWFRPC issued a report and recommendation on the Arborwood ADA. The report and recommendations were subsequently forwarded to the City of Fort Myers pursuant to Section 380.06, Florida Statutes. The development, as proposed in the ADA and modified by this Development Order is generally consistent with the report and recommendations of the SWFRPC pursuant to Section 380.06(11), Florida Statutes. 5. Notice of the public hearing was provided in accordance with Section 380.06(11), Florida Statutes. 2 ORDINANCE NO. 3226 6. The development is not located in an area designated as an Area of Critical State Concern under the provisions of Section 380.05, Florida Statutes. 7. The development does not interfere with the achievement of the objectives of the adopted State Land Development Plan. The development is consistent with the State Comprehensive Plan if developed in accordance with the terms and condition set forth herein. 8. The development is consistent with the comprehensive plan for the City of Fort Myers, and will be consistent with the City of Fort Myers Growth Management Code if developed in accordance with the terms and conditions set forth herein. 9. Arborwood is a planned community located in the City of Fort Myers east of I-75, north of Daniels Parkway and south of Colonial Boulevard. The property consists of 2,479.13 acres, more or less. Arborwood is a mixed use development that will consist of the land uses described in Exhibit "B" attached hereto and incorporated herein by reference. Recreational amenities will be provided which include, but are not limited to, golf, tennis, swimming, shuffleboard, clubhouse buildings and other passive and active recreation areas. All recreational amenities shall be limited to use by the residents, with the exception of the golf course(s). The golf course(s) shall be private, but may initially be open to the public until the golf course is conveyed from the developer to the members, residents or homeowners' association, or until 50% buildout of the 3 ORDINANCE NO. 3226 residential portion of the DRI is achieved, whichever occurs first. The status of the golf course(s)'s conveyance shall be provided in the biannual report pursuant to Paragraph 6, Section C. The development will provide, at buildout, approximately 628 acres of conservation lands, which include upland and wetland conservation areas. The development shall be generally consistent with Map H, which is identified as Exhibit "C" and is attached hereto and made a part hereof. Adjustments to Map H can occur based on changing market, permit, topographic and other similar change in conditions, upon filing and approval of a Notice of Proposed Change in accordance with Section 380.06, Florida Statutes. 10. Commencement of the site work must occur on or before December 31, 2008. B. CONDITIONS OF APPROVAL This Development Order shall bind those properties described more particularly on the attached Exhibit "A", where the legal description is set forth. The Arborwood DRI is hereby APPROVED by this ordinance of the City Council subject to the conditions, restrictions and limitations that follow. For the purpose of this development order, the term "Developer" or "Applicant" refers to Worthington and includes all of its successors and assigns, and all references to City ordinances or regulations include future amendments unless otherwise stated. 2 ORDINANCE NO. 3226 1. Affordable Housing. The Arborwood DRI does not have a regionally significant impact on affordable housing. However, in order to assist the City with its ongoing efforts to enhance and increase the stock of affordable housing within the City's boundaries, Worthington will donate to the City (on or before issuance of the first commercial or office building permit for the project) the sum of $25,000.00, which will be used by the City for its existing programs to acquire lots for affordable housing and/or for low interest loans for improvement of existing affordable housing units. If Worthington significantly changes the projected number of employees or their anticipated wages through a future Notice of Proposed Change to this DRI, a reanalysis of employee housing demands may be required. 2. Energy. a. All energy conservation commitments made in the ADA are adopted as conditions of this project. b. Developers within Arborwood are permitted to use natural gas and/or electricity. 3. Stormwater Management. a. The Developer shall obtain an Environmental Resource Permit (ERP) from the South Florida Water Management District (hereinafter referred to as SFWMD) for the construction and operation of the surface water management system, wetland impacts, and impacts to other surface waters. Prior to the issuance of the ERP, Worthington must provide 4i ORDINANCE NO. 3226 verification that the proposed design will meet SFWMD criteria in effect at the time of permit application. The Developer must develop Best Management Practices (BMPs) to contain potential hazardous spills within any golf course maintenance area, and any other onsite storage area known to the Developer. When developing the surface water management plan the Developer should consider, when appropriate, measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales should be used where possible, rather than closed systems. b. The Developer shall obtain a water use permit for all groundwater withdrawals for irrigation, and for dewatering activities which require a permit pursuant to the SFWMD Basis of Review and Chapter 40E, Florida Administrative Code. C. Prior to the issuance of Final Plat Approval the Developer shall provide a copy of the ERP, or other verification that the stormwater management system is consistent with Chapter 40E, Florida Administrative Code and the Basis of Review. d. The Developer, and any successor in interest including lot, unit or building owners or lessees who store hazardous chemicals or who have hazardous wastes on their site must follow the appropriate permitting or notification procedures for the storage and/or disposal of hazardous chemicals and wastes. 0 ORDINANCE NO. 3226 e. The Developer shall employ BMPs during construction for erosion and sedimentation control. The proposed method of erosion and sedimentation control shall be identified on the application for an ERP. f. The Developer shall remove all silt barriers, hay bales, anchor soil, and accumulated silt, upon completion of construction, and stabilization of side slopes. g. Onsite lakes shall include littoral zones, which must be constructed and planted in a manner that is consistent with the City of Fort Myers Growth Management Code and any special or limiting conditions of the ERP. The littoral zones shall include native emergent or submergent aquatic vegetation, to be identified during the permitting process. The Developer must ensure, by supplemental replanting if necessary, 80% survival during the duration of this development order. h. The Developer, or its successor(s), must conduct annual inspections of the Master Surface Water Management System and the preserved/enhanced wetland areas within the project to ensure compliance with the terms and conditions of the ERP. i. Impacts to state and federally listed plant and/or animal species occurring on site must be evaluated during the SFWMD review of the ERP and the Army Corps of Engineers dredge and fill permit. The Developer must provide the mitigation identified by the 7 ORDINANCE NO. 3226 Florida Fish and Wildlife Conservation Commission (hereinafter referred to as FFWCC), and the United States Fish and Wildlife Service (hereinafter referred to as USFWS). j. The owners, tenants, and managers of commercial property must undertake a regularly scheduled vacuum sweeping of all internal streets and parking areas. k. The Developer shall design the ditch and swale slopes to be consistent with the discharge rate determined by the SFWMD, and the Developer shall provide the water quality treatment prior to discharge consistent with the SFWMD Basis of Review and Chapter 40E, Florida Administrative Code. 1. The Developer, and any successors in interest, shall be responsible for the ongoing maintenance and repair of the surface water management system. Maintenance includes routine mowing and debris removal. In. The owners, tenants, and managers of property that includes an under drain system or grease baffle must inspect, clean and repair the system on a regular and as needed basis. In no instance shall the period between inspections exceed eighteen months. 4. Transportation. 1. The traffic impact assessment upon which the Arborwood DRI is based assumes expected Project buildout by December 31, 2013, and includes the n ORDINANCE NO. 3226 expected impacts from the proposed development described in Exhibit "B". 2. Site -Related Improvements a) The Developer shall be fully responsible for site -related roadway and intersection improvements. Site -related improvements are capital improvements and right-of-way dedications for direct access improvements to the development. Direct access improvements include, but are not limited to, the following: (i) site driveways and roads; (ii) median cuts made necessary by those driveways or roads; (iii) right -turn, left -turn, and deceleration or acceleration lanes leading to or from those driveways or roads; (iv) traffic control measures for those driveways or roads; and (v) roads or intersection improvements whose primary purpose at the time of construction is to provide access to the development. b) For this Project, site -related improvements include all intersection improvements deemed necessary by the City of Fort Myers and any agency with jurisdiction over the roads in question for the Project's direct access points onto Arborwood Parkway, Commerce Lakes Drive and Treeline Avenue. As site -related improvements, they are not eligible for credit against roads impact fees or the Project's proportionate share obligation. In addition, E ORDINANCE NO. 3226 the following determination has been made regarding site -related versus creditable roadway improvements. Roadwav Treeline Avenue Arborwood Pkwy- Treeline Ave. to Commerce Lakes Drive Arborwood Pkwy- Commerce Lakes Dr. to NE Property Line Commerce Lakes Dr. - Arborwood Pkwy. to Property Line Percent Improvement Site- Creditabl Related e Right -of -Way (1>4) 0% 100% Construction(1,2,4 0% 100% 1 Right -of Way (4) 0% 100% Construction (2,4) 50% 50% Right -of -Way (4) 0% 100% Construction (2.4) 100% 0% Right -of -Way (4) 0% 100% Construction(2,3,4 50% 50% Footnote: (1) Right-of-way and construction as described in the agreement with Lee County titled "Treeline Avenue Extension Agreement" and dated March 30, 2004. (2) Including design, permitting, water management, construction and other normal construction -related features. (3) 50% creditable if continuity is provided at time of construction between Gateway Boulevard and Arborwood Parkway. (4) Excluding right-of-way and construction for site related improvements. 3. The following roadway segments and intersections have been found to be significantly and adversely impacted by the proposed development. Significantly and Adversely Impacted Roadways Roadway From To Ben Hill Griffin Alico Road FGCU Entrance Parkway FGCU Entrance Koreshan 10 ORDINANCE NO. 3226 Boulevard Colonial Boulevard Ortiz Avenue/Six Treeline Avenue Mile Cypress Parkway Daniels Parkway I-75 Treeline Avenue Chamberlain Gateway Parkway Boulevard I-75 Bonita Beach Road Daniels Parkway Ortiz Avenue Colonial Boulevard SR 82 Six Mile Cypress US 41 Daniels Parkway Parkway SR 82 Palmetto Avenue Omni (Forum) Boulevard Treeline Avenue Alico Road SWFIA Entrance Significantly and Adversely Impacted Intersections Colonial Boulevard/Treeline Avenue Colonial Boulevard/Omni (Forum) Boulevard Colonial Boulevard/I-75 East Ramp Colonial Boulevard/I-75 West Ramp Colonial Boulevard/Six Mile Cypress Parkway Daniels Parkway/Treeline Avenue Daniels Parkway/I-75 East Ramp Daniels Parkway/I-75 West Ramp SR 82/I-75 West Ramp SR 82/I-75 East Ramp SR 82/Omni (Forum) Boulevard SR 82/Palmetto Avenue SR 82/Ortiz Avenue Treeline Avenue/Arborwood Parkway/Todd Avenue Treeline Avenue/Project Entrance(s) Needed improvements are identified in Exhibit D. 4. The developer shall be liable for the provision and/or funding of its proportionate share of the improvements identified in Exhibit D. The development's total proportionate share of all improvements has been calculated to be $18,831,800 (in 2004 dollars) and reviewed by the City. The projected roads impact fees to be generated by the development under the current Roads Impact Fee schedule have been calculated to be $18,099,000. It has been determined that the DRI's proportionate share exceeds roads impact fees 11 ORDINANCE NO. 3226 by $732,800. Therefore, the DRI's traffic mitigation amount is $18,831,800. 5. To satisfy the Project's total mitigation obligation, the Developer must choose one of the three mitigation options identified below. The Developer must select one mitigation option and notify the City in writing prior to the granting of the first building permit for the first permanent residential or commercial structure, except for the sales center, community center, clubhouse, golf course, and, consistent with the City of Fort Myers MDP land use regulations, up to 12 model homes per individual community within Arborwood. Once an option has been selected, any request to change the mitigation option, including changing from one option to another, must be accompanied by the filing of a Notice of Proposed Change and an analysis as to whether the change constitutes a substantial deviation. All three mitigation options involve right- of-way dedication and construction of Treeline Avenue as four lanes from south of Colonial Boulevard to Daniels Parkway. The right-of-way dedication, design, permitting, and construction of the roadway is controlled by the agreement with Lee County titled "Treeline Avenue Extension Agreement" and dated March 30, 2004. The Agreement specifies the establishment of roads impact fee credits and provides that credits will be issued by Lee County and can be used in the City of IF% ORDINANCE NO. 3226 Fort Myers. The values and credits for Treeline Avenue as identified in the three mitigation options will be as specified in that Agreement and will represent roads impact fee credits issued by Lee County for use in Fort Myers to offset a portion of the Project's traffic mitigation obligation. Credits for the right-of-way and construction of Treeline Avenue will be given in accordance with the agreement with Lee County titled "Treeline Avenue Extension Agreement" dated March 30, 2004. No additional credits will be given by the City of Fort Myers for Treeline Avenue. (a) Traffic Mitigation Option 1 (1) Within 150 days of adoption of this DRI Development Order, the Developer shall provide to the City a schedule for the dedication of certain right-of-way and the construction of certain road improvements. Right-of-way to be dedicated shall include the following: right-of-way for the extension of Treeline Avenue from the existing four lane section south of Colonial Boulevard to Daniels Parkway, consistent with and as described in the agreement with Lee County titled "Treeline Avenue Extension Agreement" and dated March 30, 2004; 100 feet of right-of-way within the control of the 13 ORDINANCE NO. 3226 Developer for Arborwood Parkway (Todd/Owen Avenue) from Treeline Avenue to the east Arborwood property line; and 100 feet of right-of-way under the control of the Developer for Commerce Lakes Drive from Arborwood Parkway to existing Commerce Lakes Drive, all of which follow the general alignments as shown in the Master Plan (Map H). One hundred (100) feet of right-of-way will be provided for Arborwood Parkway since the Developer has committed to incorporate the drainage from the roadway into the Arborwood DRI water management system. (2) Although appraisals will be completed at the time of right-of-way dedication, the value of the right-of-way will be based on its appraised value at the time of DRI approval, without the enhanced value created by the DRI and zoning approval. The estimated value of the right-of-way dedication is as follows. Treeline Avenue $ 732,500 Arborwood Parkway $ 768,500 Commerce Lakes Drive $ 419,900 Total $1,920,900 14 ORDINANCE NO. 3226 (3) The Developer shall construct the following improvements. (a) Extension of Treeline Avenue as a four lane arterial roadway from the existing four lane section south of Colonial Boulevard to Daniels Parkway. (b) Arborwood Parkway (Todd/Owen Avenue) as a two lane arterial road from Treeline Avenue to and including the intersection with Commerce Lakes Drive. (c) Commerce Lakes Drive as a two lane collector road from Arborwood Parkway to existing Commerce Lakes Drive west of Gateway Boulevard. (d) Emergency traffic signal at the Fire Station Entrance on Treeline Avenue. The schedule for the construction of the improvements will be specified in the schedule provided under Condition 4.5.a)1) above. The estimated construction costs of the identified improvements are summarized as follows. 15 ORDINANCE NO. 3226 Estimated Improvement Costs Construction (including design, permitting, water management, and the like) Treeline Avenue Arborwood Parkway Commerce Lakes Drive Fire Station Signal Total $14,868,000 $ 2,598,800 $ 1,942,900 $ 100,000 $19,509,700 The estimated costs of the road improvements made by the Developer (including design, right-of-way acquisition, drainage, permitting, water retention, construction, and the like) must be documented and submitted to the City for review and approval. The City reserves the right to obtain its own estimates for comparison purposes. 4) The value of the right-of-way for Treeline Avenue, Arborwood Parkway, and Commerce Lakes Drive is 100% creditable against the DRI's total mitigation obligation. This value has been estimated at $1,920,900. Portions of the construction identified above are creditable against the DRI's total mitigation obligation. The creditable value of the construction has been estimated at $17,238,850, as follows. ORDINANCE NO. 3226 Creditable Construction Costs Costs Non Roadway Total Creditable Creditable Treeline $14,868,00 $14,868,00 $ Avenue 0 0 0 Arborwood $ $ $1,299,40 Pkwy. 2,598,800 1,299,400 0 Commerce $ $ $ Lakes 1,942,900 971,450 971,450 Fire Station $ $ Signal 100,000 100,000 0 Total $19,509,70 $17,238,85 $2,270,85 0 0 0 The total creditable amount of road improvements, including right-of-way, has been estimated to be $19,159,750. 5) Credits for the right-of-way and construction of Treeline Avenue will be given in accordance with the agreement titled "Treeline Avenue Extension Agreement" dated March 30, 2004. No additional credits will be given by the City of Fort Myers for Treeline Avenue. The total estimated value of the creditable amount of right-of-way dedication and construction is $19,159,750. Subtracting the estimated creditable value of right-of- way and construction from the $18,831,800 mitigation amount equals $327,950 or $327,950 greater than the required mitigation amount. A total $18,426,950 in total creditable mitigation will be issued to the 17 ORDINANCE NO. 3226 Developer in the form of roads impact fee credits. The credits represent the estimated roads impact fees to be paid ($18,099,000) plus the value of all creditable improvements that is beyond the required mitigation amount ($327,950). The timing of the issuance of the credits will be specified in the improvement schedule identified in Condition 4.5.a)1). These credits may be used to defray the estimated $18,099,000 in roads impact fees or transferred in accordance with the Lee County Land Development Code. In any event, the mitigation obligation will be addressed at the time of building permit issuance for each unit of development. At that time, the Developer may pay the impact fees in cash or redeem whatever impact fee credits it may have. The estimated costs of the road improvements made by the Developer must be documented and reviewed and approved by the City. If the actual costs are less than the estimated value, the Developer shall pay to the City the difference within 120 days of notification and certification. The payment may be cash ORDINANCE NO. 3226 a 7) or roads impact fee credits. If the actual value is greater than the estimated value, the Developer shall receive roads impact fee credits for the difference. All development within the DRI will be subject to the City's Concurrency Management System in effect at the time building permits are requested. The City (or County if the roads impact fees are transferred to the County) will apply all roads impact fees paid and any other cash payments made by the DRI under Mitigation Option 1 toward improvements to the significantly and adversely impacted roadways and intersections identified above. In the alternative, the City will apply the fees and cash payments toward improvements that relieve those roadways, provided those improvements are deemed necessary to maintain the adopted level of service standards. If the improvements to the significantly and adversely impacted roadways and intersections identified above are ultimately funded through other sources, in whole or in part, or deemed unnecessary to maintain the 19 ORDINANCE NO. 3226 adopted level of service standards, the City may apply the impact fees and cash payments paid by the DRI to other improvements. b) Traffic Mitigation Option 2 1) In order to obtain concurrency vesting for all development parameters set forth in Exhibit B until December 31, 2013, the Developer must mitigate its overall Project traffic impacts through the scheduled payment of the Project's obligation of $18,831,800 (in year 2004 dollars) starting at the time of local development order approval for the first portion of the project that seeks vertical development. The details of this payment must be established in a Local Government Development Agreement executed pursuant to Section 163.3220, Florida Statutes. The development agreement may include a combination of scheduled payments of cash and pipelined improvements by the Developer and will specify the schedule for the improvements and cash payments, if any. 2) Within 150 days of adoption of the DRI Development Order, the developer must provide to the City a draft Development 901 ORDINANCE NO. 3226 Agreement specifying the schedule for right-of-way dedications, roadway construction, cash payments (if any), and issuance of credits, in accordance with the following: (a) Right -of -Way: Right-of-way to be dedicated by the Developer shall include the following: right-of-way for the extension of Treeline Avenue from the existing four lane section south of Colonial Boulevard to Daniels Parkway consistent with and as described in the agreement with Lee County titled "Treeline Avenue Extension Agreement" and dated March 30, 2004; 100 feet of right-of-way within the control of the Developer for Arborwood Parkway (Todd/Owen Avenue) from Treeline Avenue to the east Arborwood property line; and 100 feet of right-of-way under the control of the Developer for Commerce Lakes Drive from Arborwood Parkway to existing Commerce Lakes Drive, all of which follow the general a ORDINANCE NO. 3226 alignments as shown in the Master Plan (Map H). One hundred (100) feet of right-of- way will be provided for Arborwood Parkway since the Developer has committed to incorporate the drainage from the roadway into the Arborwood DRI water management system. Although appraisals will be completed at the time of right-of-way dedication, the value of the right-of-way will be based on its appraised value at the time of DRI approval, without the enhanced value created by the DRI and zoning approval. The estimated value of the right-of-way dedication is as follows. Treeline Avenue $ 732,500 Arborwood Parkway $ 768,500 Commerce Lakes Drive $ 419,900 Total $1,920,900 (b) Road Improvements: 22 The Developer shall construct the following improvements as specified in the Development Agreement. (1) Extension of Treeline Avenue as a four lane ORDINANCE NO. 3226 arterial roadway from the existing four lane section south of Colonial Boulevard to Daniels Parkway. (2) Arborwood Parkway (Todd/Owen Avenue) as a two lane arterial roadway from Treeline Avenue to and including the intersection with Commerce Lakes Drive. (3) Commerce Lakes Drive as a two lane collector road from Arborwood Parkway to existing Commerce Lakes Drive west of Gateway Boulevard. (4) Emergency traffic signal at the Fire Station Entrance on Treeline Avenue. (c) Road Improvement Costs: The estimated costs of the identified improvements are summarized as follows. 23 ORDINANCE NO. 3226 Estimated Improvement Costs Right -of -Way Treeline Avenue $ 732,500 Arborwood Parkway $ 768,500 Commerce Lakes Dr. $ 419,900 Total $ 1,920,900 Construction (including design, permitting, water management, and the like) Treeline Avenue $14,868,000 Arborwood Parkway $ 2,598,800 Commerce Lakes Dr. $ 1,942,900 Traffic Signal $ 100,000 Total $19,509,700 The estimated costs of the road improvements made by the Developer (including design, right-of-way acquisition, drainage, permitting, water retention, construction, and the like) must be documented and submitted to the City for review and approval. The City reserves the right to obtain its own estimates for comparison purposes. (d) Impact Fee Credits: Credits for the right-of-way and construction of Treeline Avenue will be given in accordance with the agreement entitled "Treeline Avenue Extension Agreement" dated March 30, 2004. No additional credits will be given 24 ORDINANCE NO. 3226 by the City of Fort Myers for Treeline Avenue. The value of the right-of-way for Treeline Avenue, Arborwood Parkway, and Commerce Lakes Drive is 100% creditable against the DRI's total mitigation obligation. This value has been estimated at $1,920,900. Portions of the construction identified above are creditable against the DRI's total mitigation obligation. The creditable value of the construction has been estimated at $17,238,850, as follows. Creditable Construction Costs Costs Non Roadway Total Creditable Creditable Treeline $14,868,00 $14,868,00 $ Avenue 0 0 0 Arborwood $ $ $1,299,40 Pkwy. 2,598,800 1,299,400 0 Commerce $ $ $ Lakes 1,942,900 971,450 971,450 Fire Station $ $ $ Signal 100,000 100,000 0 Total $19,509,70 $17,238,85 $2,270,85 0 0 0 The total creditable amount of road improvements, including right-of-way, has been estimated to be $19,159,750. 25 ORDINANCE NO. 3226 (e) Cash Payment: The estimated value of all creditable right-of-way and construction ($19,159,750) exceeds the established mitigation obligation of $18,831,800 by $327,950. Therefore, no initial cash payment is required. Following the completion of all right-of-way dedication and roadway construction, the actual value of those improvements will be determined and compared to the estimated value of all creditable improvements ($19,159,750) and the total mitigation amount of $18,831,800. If the actual value is less than the estimated value, the roads impact fee credits will be adjusted accordingly. If the actual value is less than $18,831,800 in 2004 dollars, the roads impact fee credits will be adjusted accordingly and a cash payment to make up the difference will be required. The cash payment, if any, for the 26 ORDINANCE NO. 3226 difference between the actual verified costs and the total mitigation amount of $18,831,800 shall be made to the City within 120 days after the actual cash value of all road improvements have been made and verified by the City and compared to the total mitigation amount. In lieu of the cash payment identified above, the Developer may request to amend the Development Agreement to provide a roadway improvement or to reduce the scope of the Development. If the value of all improvements and payments is in excess of $18,831,800, the Developer will receive the actual difference in roads impact fee credits. (f) All cash payments made to the City must be applied by the City (or if forwarded to the County by the County) toward the following PXI improvements: 1. The list of significantly and adversely impacted ORDINANCE NO. 3226 roads and intersections identified above. 2. Other non -site related roadway improvements benefiting the Development. 3) Building permits for permanent residential or commercial structures including the sales center may be issued while the Development Agreement is being processed by both parties. These uses will be subject to the payment of impacts fees until the development agreement is executed. However, building permits for no more than $750,000.00 in roads impact fees will be issued until both the City and the Developer have executed the Development Agreement. The value of the mitigation actions made while the Development Agreement is being processed shall be credited against the Project's total mitigation. 4) If the right-of-way dedications, improvement construction, and payments for Option 2, specified above, are being made as described and in the time frames outlined in the Development Agreement, and the K? ORDINANCE NO. 3226 development schedule and impact levels remain consistent with the Development Order, the level of development for buildout identified in Exhibit B will be exempt from concurrency management requirements through December 31, 2013. If the Developer does not complete the referenced mitigation and does not make the payments as described in the Development Agreement, then no further building permits will be issued until the Developer completes the mitigation, and makes the payments identified. c) Traffic Mitigation Option 3 1) In order to obtain concurrency vesting for a portion of the development parameters set forth in Exhibit B until December 31, 2013, the Developer must mitigate its overall Project traffic impacts through the scheduled payment of the Project's obligation of $18,831,800 (in year 2004 dollars) starting at the time of local development order approval for the first portion of the project that seeks vertical development. The details of this payment must be established in a Local M ORDINANCE NO. 3226 Government Development Agreement executed pursuant to Section 163.3220, Florida Statutes. The development agreement shall include a combination of pipelined improvements and payments of roads impact fees and will specify the schedule for the improvements. 2) Within 150 days of adoption of the DRI Development Order, the Developer must provide to the City a draft Development Agreement specifying the schedule for right-of-way dedications, roadway construction, and issuance of credits. (a) Right -of -Way: Right-of-way to be dedicated by the Developer shall include the following: right-of-way for the extension of Treeline Avenue from the existing four lane section south of Colonial Boulevard to Daniels Parkway consistent with and as described in the agreement with Lee County titled "Treeline Avenue Extension Agreement" and dated March 30, 2004; 100 feet of right-of-way within the control of 30 ORDINANCE NO. 3226 31 the Developer for Arborwood Parkway (Todd/Owen Avenue) from Treeline Avenue to the east Arborwood property line; and 100 feet of right-of-way under the control of the Developer for Commerce Lakes Drive from Arborwood Parkway to existing Commerce Lakes Drive, all of which follow the general alignments as shown in the Master Plan (Map H). One hundred (100) feet of right-of- way will be provided for Arborwood Parkway since the Developer has committed to incorporate the drainage from the roadway into the Arborwood DRI water management system. Although appraisals will be completed at the time of right-of- way dedication, the value of the right-of-way will be based on its appraised value at the time of DRI approval, without the enhanced value created by the DRI and zoning approval. The estimated value of the ORDINANCE NO. 3226 right-of-way dedication is as follows. Treeline Avenue $ 732,500 Arborwood Parkway $ 768,500 Commerce Lakes Drive $ 419,900 Total $1,920,900 (b) Road Improvements: The Developer shall construct the following improvements. (1) Extension of Treeline Avenue as a four lane arterial roadway from the existing four lane section south of Colonial Boulevard to Daniels Parkway. (2) Arborwood Parkway (Todd/Owen Avenue) as a two lane arterial road from Treeline Avenue to and including the intersection with Commerce Lakes Drive. (3) Commerce Lakes Drive as a two lane collector road from Arborwood Parkway to existing Commerce Lakes Drive west of Gateway Boulevard. 32 ORDINANCE NO. 3226 (4) Emergency traffic signal at Fire Station Entrance on Treeline Avenue. (c) Road Improvement Costs: The estimated costs of the identified improvements are summarized as follows. Estimated Improvement Costs Right -of -Way Treeline Avenue $ 732,500 Arborwood Parkway $ 768,500 Commerce Lakes Dr. $ 419,900 Total $ 1,920,900 Construction (including design, permitting, water management, and the like) Treeline Avenue $14,868,000 Arborwood Parkway $ 2,598,800 Commerce Lakes Dr. $ 1,942,900 Traffic Signal $ 100,000 Total $19,509,700 The estimated costs of the road improvements made by the Developer (including design, right-of-way acquisition, drainage, permitting, water retention, construction, and the like) must be documented and submitted to the City for review and approval. The City reserves the right to obtain its own estimates for comparison purposes. (d) Credits for the right-of-way and construction of Treeline Avenue 33 ORDINANCE NO. 3226 will be given in accordance with the agreement titled "Treeline Avenue Extension Agreement" dated March 30, 2004. No additional credits will be given by the City of Fort Myers for Treeline Avenue. The value of the right-of-way for Treeline Avenue, Arborwood Parkway, and Commerce Lakes Drive is 100% creditable against the DRI's total mitigation obligation. This value has been estimated at $1,920,900. Portions of the construction identified above are creditable against the DRI's total mitigation obligation. The creditable value of the construction has been estimated at $17,238,850, as follows. Creditable Construction Costs Costs Non Roadway Total Creditable Creditable Treeline $14,868,00 $14,868,00 $ Avenue 0 0 0 Arborwood $ $ $1,299,40 Pkwy. 2,598,800 1,299,400 0 Commerce $ $ $ Lakes 1,942,900 971,450 971,450 Fire Station 1 $ $ Signal 100,000 100,000 0 Total $19,509,70 $17,238,85 $2,270,85 0 0 0 34 ORDINANCE NO. 3226 The total creditable amount of road improvements, including right-of-way, has been estimated to be $19,159,750. The amount of roads impact fees generated by 5,000 residential units, 170,000 square feet of retail, and 36 holes of golf as described below is $14,964,900. Development Parameters Single -Family 4,000 d.u. Multifamily 1,000 d.u. Total Residential 5,000 d.u. Retail 170,000 sq. ft. Golf Course 36 holes 35 The $14,964,900 in roads impact fees for 5,000 dwelling units plus the $732,800 difference between the DRI's total proportionate share and total roads impact fee payments equals $15,697,700. Therefore, $15,697,700 of the total estimated creditable value of $19,159,750 shall vest, for traffic concurrency purposes, 5,000 dwelling units (4,000 single- family and 1,000 multifamily), 170,000 square feet of retail floor area, and 36 holes of golf. The balance of $3,462,050 will be ORDINANCE NO. 3226 issued to the Developer as roads impact fees credits. (e) If the right-of-way dedications and improvement construction for Option 3, specified above, are being made as described and in the time frames outlined in the Development Agreement, and the development schedule and impact levels remain consistent with the Development Order, the level of development identified above (5,000 dwelling units, 170,000 square feet of retail floor area and 36 holes of golfl will be exempt from concurrency management requirements through December 31, 2013. If the Developer does not complete the referenced mitigation as outlined in the Development Agreement, then no further building permits will be issued until the Developer completes the mitigation, and makes the payments identified. (fl Following the completion of all right-of-way dedication and roadway construction, the actual 36 ORDINANCE NO. 3226 37 value of those improvements will be determined and compared to the estimated creditable value of all improvements $19,159,750 and the mitigation amount associated with 5,000 dwelling units $15,697,700. If the actual value is less than the estimated value, the roads impact fee credits will be adjusted accordingly. If the actual value is less than $15,697,700 in 2004 dollars, the roads impact fee credits will be adjusted accordingly and a cash payment to make up the difference will be required. The cash payment, if any, for the difference between the actual verified costs and the mitigation amount associated with 5,000 dwelling units of $15,697,700 shall be made to the City within 120 days after the actual cash value of all road improvements have been made and verified by the City and compared to the total mitigation amount. In lieu of the cash payment identified above, the ORDINANCE NO. 3226 Developer may request to amend the Development Agreement to provide a roadway improvement or to reduce the scope of the Development. If the value of all improvements and payment is in excess of $19,159,750, the Developer will receive the actual difference in roads impact fee credits. (g) All cash payments, if any, made to the City must be applied by the City (or if forwarded to the County by the County) toward the following improvements: (1) The list of significantly and adversely impacted roads and intersections identified above. (2) Other non -site related roadway improvements benefiting the Development. (h) To develop beyond the 5,000 dwelling units identified above, the Developer shall do one of the following: (1) Make a cash payment of $3,134,100 (or provide m ORDINANCE NO. 3226 39 roads impact fee credits) representing the difference between the total DRI mitigation of $18,831,800 and the total mitigation paid for the 5,000 dwelling units, 170,000 square feet of retail floor area, and 36 holes of golf ($18,831,800 minus $15,697,700 equals $3,134,100); or (2) Construct, with the concurrence of the City of Fort Myers and/or Lee County, a road improvement or improvements equal to the cash value owed; or (3) Conduct a traffic reassessment to re-establish the buildout mitigation and continue developing during the reassessment by paying roads impact fees in effect at the time. If a cash payment or a road improvement is made, the ORDINANCE NO. 3226 balance of the development will be exempt from concurrency management requirements through December 31, 2013. Project buildout will remain December 31, 2013. If a traffic reassessment is provided, that reassessment will identify: additional traffic mitigation, if any; additional concurrency vesting; and buildout timing. If the Developer does not wish to develop beyond 5,000 dwelling units, the Developer may declare DRI buildout. 3) Building permits for permanent residential or commercial structures including the sales center may be issued while the Development Agreement is being processed by both parties. These uses will be subject to the payment of impacts fees until the development agreement is executed. However, building permits for no more than $750,000.00 in roads impact fees will be issued until both the City and the Developer have executed the Development Agreement. The value of the mitigation actions made while the 40 ORDINANCE NO. 3226 Development Agreement is being processed shall be credited against the Project's total mitigation. 6. Bi-Annual Traffic Monitoring Report a) The Developer shall submit a standard DRI bi- annual monitoring report to the following entities for review and approval: City of Fort Myers, Lee County Department of Transportation (LCDOT), the Florida Department of Transportation (FDOT), FDCA, and the SWFRPC. The first monitoring report shall be submitted two (2) years after the recorded date of the approval of the DRI Development Order unless no buildings have been occupied. If the Developer contends that a traffic monitoring report is not required because no traffic impacts have been created, he must indicate so in writing to the above review agencies. Once the development is required to submit a traffic monitoring report, it must be submitted bi-annually thereafter. b) The bi-annual monitoring program will differ under Mitigation Options 1, 2 and 3. Under either option, the monitoring program will be designed in cooperation with the City of Fort Myers, LCDOT, FDOT, the SWFRPC and FDCA prior to submittal of the first report. The methodology of the traffic monitoring report may be revised, if agreed upon by all 41 ORDINANCE NO. 3226 parties. If no agreement is reached on methodologies and the monitoring report is not submitted on schedule, the City of Fort Myers shall cease to issue building permits for the DRI until the monitoring report is submitted in accordance with this Development Order. The agreement will not be unreasonably withheld. c) Under Mitigation Option 1, the bi-annual monitoring program will measure the Project's actual external trip generation, evaluate conditions at the Project's access points, evaluate levels of service on impacted roads and intersections, and determine the timing of needed improvements. The bi-annual monitoring report must contain the following information: (1) PM peak hour traffic counts with turning movements at the Project's access points onto Treeline Avenue, Arborwood Parkway and Commerce Lakes Drive if those roads provide continuity between external public roadways and on the external road segments and intersections identified in subsection 3. above. (2) A comparison of field -measured Project external driveway traffic volumes to the Project trip generation assumed in the 42 ORDINANCE NO. 3226 DRI analysis. The Project's trip generation used in the DRI traffic analysis was 4,254 PM peak hour external trips at buildout. (3) Estimated existing PM peak hour levels of service and needed improvements at the Project's access points and for the roads and intersections specified in subsection 3. above. (4) Estimated future PM peak hour levels of service and. needed improvements, based on a one (1) year projection of future volumes, at the Project's access points and for the roads and intersections specified in subsection 3. above. (5) A summary of the status of road improvements assumed in the ADA to be committed by the City of Fort Myers, Lee County and/or FDOT as set forth below: 43 ORDINANCE NO. 3226 COMMITTED IMPROVEMENTS Roadway From To Improvement Treeline Alico Road Daniels 4 Lane Avenue Parkway Construction Daniels Colonial 4 Lane Parkway Boulevard Construction Gunnery SR 82 Lee 4 Lane Road Boulevard Widening Veronica North SR 82 4 Lane Shoemaker Colonial Construction Boulevard Waterway SR 82 Ortiz Avenue Evans 4 Lane Avenue Widening Three Corkscrew Alico 4 Lane Oaks Road Road Widening Pkwy. Imperial East Terry Bonita 4 Lane Street Street Beach Widening Road Metro US 41 /Alico Six Mile 6 Lane Parkway Rd. Cypress Construction Pkwy. US 41 Corkscrew N. of Old 6 Lane Road 41 Widening N. of Old 41 N. of 6 Lane Bonita Widening Beach Road Koreshan Three Oaks Ben Hill 4 Lane Boulevard Pkwy. Griffin Construction Ext. Parkway Alico Road US 41 Three 6 Lane Oaks Widening Parkway Alico Three Oaks Ben Hill 6 Lane Road/ I-75 Pkwy. Griffin Widening Interchang Parkway e Bonita Imperial I-75 6 Lane Beach Street Widening Road Cypress Summerlin West of 6 Lane Lake Dr. Road US 41 Widening I-75 Bonita Beach Daniels 6 Lane Road Parkway Widening d) Under Mitigation Options 2 and 3, the bi- annual monitoring program will measure the Project's actual external trip generation and evaluate conditions at the Project's access points. The bi-annual monitoring report 44 ORDINANCE NO. 3226 under Options 2 and 3 must contain the following information. (1) PM peak hour traffic counts with turning movements at the Project's access points onto Treeline Avenue, Arborwood Parkway and Commerce Lakes Drive if those roads provide continuity between external public roadways. (2) A comparison of field -measured Project external driveway traffic volumes to the Project trip generation assumed in the DRI analysis. The Project's trip generation used in the DRI traffic analysis was 4,254 PM peak hour external driveway trips at Buildout. (3) Estimated existing PM peak hour levels of service and needed improvements at the Project's access points. e) Under all options, if the bi-annual traffic monitoring report reveals that the Project's trip generation exceeds the thresholds identified in Section 380.06 (19) (b)15, Florida Statutes, then the provisions regarding substantial deviations will take effect. Under Mitigation Option 1, if the bi-annual monitoring report confirms that the peak season, PM peak hour traffic on the significantly impacted roadways exceeds the 45 ORDINANCE NO. 3226 level of service standards adopted by the local jurisdiction, and the Project is utilizing five percent or more of the adopted level of service standard service volume, then further local Development Orders, building permits and certificates of occupancy will not be granted until the standards of the concurrency management system have been met. Under Option 1, Arborwood will comply with the City's concurrency management system in effect at the time. Under Mitigation Option 2 and 3, the DRI is either fully or partially vested for traffic concurrency purposes. fl The Arborwood DRI analysis has shown the project to have a potential impact on I-75 between Bonita Beach Road and Daniels Parkway and at the interchanges of both Daniels Parkway and Colonial Boulevard. Consequently, the applicant will monitor future planned I-75 projects. Further, Lee County anticipates the construction of Three Oaks Parkway as a four -lane facility from Bonita Springs to Daniels Parkway with construction funded in the CIP years 2005, 2006 and 2007. Consequently, the applicant will monitor future planned I-75 projects and the Three Oaks Parkway project and provide a summary of them in the traffic monitoring report. M ORDINANCE NO. 3226 7. The Developer shall provide for efficient pedestrian and bicycle movement within Arborwood through the provision of a system of interconnecting sidewalks and bike paths that link the various pods of development. 8. If transit routes are extended to serve Arborwood, the Developer shall accommodate local or express transit service with bus stops on public roadways within the DRI. 9. The approved parameters, as specified in this Development Order, may be modified by the Developer without further amendment to this Development Order, subject to the following. a) This transfer or conversion may occur subject to the following conversion: LAND USE CONVERSION MATRIX TO Based on External Single Multifamil Retai Trip Generation - y 1 Office Family F Land Use Unit d.u. d.u. s . ft. s . ft. R Single- d.u. 1.00 2.10 O Family 260 260 M Multifamil d.u. 0.47 1.00 125 125 Retail 1,000 3.79 7.98 1,000 sf 1,000 Office 1,000 3.79 7.98 ,000 ri sf 1,000 b) This transfer or conversion may occur provided that : 1) the external trips originally approved for the DRI remain the same (i.e., 4,254 peak hour trips); and 2) no additional impact will occur to other public facilities (such as sewer and water) and; 3) the 47 ORDINANCE NO. 3226 conversion will not create a need for additional affordable housing. Further, no alteration to the Master Concept Plan may occur as a result of the conversion. c) The amount of conversion is limited to no more than the following. Maximum Maximum Amount Amount Land Use Converted From Converted To Residential 0 d.u. 49 d.u. Retail 50,000 sq. ft. 49,999 sq. ft. Office 50,000 sq. ft. 49,999 sq. ft. d) Thirty (30) days notice of any conversion must be provided to the City, County, FDCA and SWFRPC. In addition, the amount of conversion must be reported as part of the subsequent monitoring report. e) In addition, a comparison will be made of the roads impact fees to be generated by the use being converted from and the use being converted to. If the use being converted to generates more in roads impact fees than the use being converted from, the difference in roads impact fees will be provided to the City in the form of a cash payment. The payment may be cash or roads impact fee credits. The cash payment, if any, will be made within 120 days of notification by the City. If the use being converted to would generate less in roads impact fees then the use being converted from, the difference in roads impact .• ORDINANCE NO. 3226 fees will be provided to the Developer as roads impact fee credits. 5. Vegetation and Wildlife/Wetlands. a. Any impacts to Priority one (1) or Priority two (2) panther habitat shall be addressed during the permitting processes with the USFWS and FFWCC. The Developer must provide all mitigation required by USFWS and FFWCC for impacts to Priority one (1) or two (2) panther habitat. b. Mitigation for wetland impacts will consist of enhancing 531 acres of wetlands by hand removal of exotics, and enhancing 97 acres of upland buffers and preserves by hand removal of exotics. These mitigation activities, at a minimum, shall be consistent with the Wetland Mitigation/Monitoring/Maintenance Plan dated August 13, 2003. C. In lieu of measuring all the fox squirrel nests on the project site, the Developer must prepare and receive approval from USFWS and FFWCC for a Big Cypress fox squirrel management plan prior to any construction on the site. d. If required by the ERP, excavated lake designs shall include draw down pool features in littoral shelf slopes to favor wood stork and other wading birds. 49 ORDINANCE NO. 3226 e. The Developer will prepare and receive approval for an Eastern Indigo snake management plan from USFWS and FFWCC prior to any construction on the site. f. The one active gopher tortoise burrow found on site (shown on Exhibit E attached hereto) shall be preserved or relocated in accordance with FFWCC regulations. g. All commitments made by the Applicant within the ADA, and subsequent sufficiency submittals, related to Question 12 (Vegetation and Wildlife) and Question 13 (Wetlands), that are not in conflict with the above conditions, shall be binding on the Developer. 6. Water and Wastewater a. The project will obtain a SFWMD water use permit for proposed groundwater withdrawals for landscape irrigation, and will also obtain a permit from the SFWMD for any dewatering activities associated with construction of lakes, roads/utilities, and buildings on site, if necessary. b. The project will utilize ultra -low volume water use plumbing fixtures, self -closing and/or metered water faucets, xeriscape landscaping techniques including drought -tolerant plant usage, and other water conserving devises and/or methods, as feasible. These devices and methods shall meet the criteria outlined 50 ORDINANCE NO. 3226 C. in the water conservation plan of the public water supply permit issued to the City by the SFWMD. The Applicant must provide verification that the proposed water system designs meet District criteria in effect at the time of permit application. The project will obtain water and wastewater treatment from the City. The Developer will be responsible for construction of all necessary water distribution and wastewater collection lines, meters, and other appurtenances to and within the Arborwood project, necessary to serve the project in a manner that is consistent with the City's master utility plan for the area. This provision will not be interpreted to preclude the use of a Community Development District (CDD) or other similar mechanism to fund infrastructure and other improvements for Arborwood. All facilities will be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the City Fire Department. All plans, specifications, plats, and other design drawings for water distribution and wastewater collections systems shall be reviewed and approved by the City prior to construction. Appropriate 51 ORDINANCE NO. 3226 calculation shall be made by the Developer, and reviewed and approved by the City, demonstrating that adequate capacity is available at the time of plan submittal. e. Temporary septic systems may be utilized in conjunction with construction and sales offices and model homes. Septic systems shall not otherwise be allowed on site, other than for remote golf course restroom facilities. f. The lowest quality of water available and acceptable shall be utilized for all non -potable water uses. Potable water should not be used for non -potable uses. The Developer will attempt to obtain reclaimed water when a source becomes available to meet all or a part of the project irrigation water demands. g. Irrigation of golf course areas will be designed to encourage deeper rooting of turf grass to provide more efficient utilization of water and nutrients. In addition, after an adequate grow -in period, irrigation will be limited to the hours between dusk and dawn to reduce the amount of water lost to evaporation. Irrigation water recharge well locations will be selected to minimize interference drawdown between the wells and drawdown beneath on -site or adjacent wetlands. h. BMPs will be utilized to mitigate potential adverse impacts upon surface water and 52 ORDINANCE NO. 3226 shallow groundwater at and adjacent to the site. These BMPs include proper timing and minimum application of fertilizers, pesticides, and herbicides on landscaped areas of the property. Biodegradable varieties will be utilized whenever possible. Slow release nitrogen fertilizers will be used. i. The City will operate and maintain the potable water distribution and sewer collection systems and facilities, once constructed by the Developer and dedicated to and accepted by the City. The irrigation system(s) will be operated by a homeowner's association(s), Community Development District (CDD), or private or public irrigation utility. j. Concurrent with the issuance of each residential building permit, the Developer will pay a fee of $652.50 per single-family dwelling unit and $559.20 per multi -family dwelling unit to cover the cost of reimbursing the City for the oversizing of sewer and water lines paid for by the City to facilitate the development of the Arborwood project. k. All commitments made by the Applicant within the ADA and sufficiency responses related to Question 10 (General Project Description), Question 14 (Water), Question 17 (Water Supply), and Question 18 (Wastewater Management), that 53 ORDINANCE NO. 3226 are not in conflict with the above conditions, are incorporated by reference as conditions of approval of this development order. 7. Historical and Archaeological Sites a. Archaeological Site 8LL2048 requires additional investigation in order to determine if it is potentially eligible for listing on the National Register of Historic Places. Development of this DRI is allowed to proceed as planned provided that this site is preserved or is subjected to additional Phase II survey if preservation is not feasible. If preservation or avoidance of this site is not feasible, a Phase II survey of this site will be conducted to better define site characteristics and site significance and assess its eligibility for listing on the National Register. If, after Phase II survey, Site 8LL2048 is found to meet the criteria for listing in the National Register, a suitable mitigation plan will be developed for the site and submitted to the Florida Department of State, Division of Historical Resources, the SWFRPC, and City of Fort Myers for review and approval. b. Site 8LL2049 is in a disturbed condition and is not eligible for listing on the National Register. C. Should any mechanical activity such as scraping, clearing, or demucking take place 54 ORDINANCE NO. 3226 within the cypress solution ponds, an archaeologist will be present to monitor these activities. If any additional archaeological/historical sites are uncovered during the proposed development activities, all work in the immediate vicinity of the site shall cease immediately, and the Applicant will immediately contact the Florida Department of State, Division of Historical Resources, the SWFRPC, and the City of Fort Myers so that a state -certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. d. All commitments made by the Applicant in the ADA and subsequent sufficiency responses related to Question 30 (Historical and Archaeological Sites) that are not in conflict with the above conditions are incorporated by reference as conditions of approval of this development order. 8. School Impacts. a. Worthington will cooperate with the Lee County School District in the location of appropriate school bus stops throughout the Arborwood project. b. In order to offset the immediate need for school sites within the School District, Worthington will select and complete one of 55 ORDINANCE NO. 3226 the options listed below on or before issuance of the first building permit for the project. Upon completion of one of the options listed below, Worthington will be entitled to receive school impact fee credits or prepayment credit, as applicable, pursuant to Lee County Ordinance No. 01-21, as made applicable to the City through interlocal agreement with Lee County. Worthington shall, at its option: (1) Dedicate and convey to the School District a site within Arborwood that has a minimum of 13 net buildable acres; or (2) Dedicate and convey to the School . District a site outside of Arborwood, but within the East or South Zone of the School District, that has a minimum of 13 net buildable acres; or (3) Contribute cash in lieu of property to the School District for acquisition of a school site of the District's choosing within the East Zone. The cash to be contributed shall be agreed upon by Worthington and the School District and will be based upon the average cost of acquiring a site within the East Zone containing 13 net buildable acres. C. Residential development within Arborwood will pay applicable school impact fees at the 56 ORDINANCE NO. 3226 time of issuance of building permits. Such fees may be paid in cash or with school impact fee credits. 9. General Requirements. a. All commitments and impact mitigating actions volunteered by the Developer in the ADA and supplementary documents that are not in conflict with conditions or stipulations specifically enumerated above are incorporated by reference into this development order. b. The development of the project shall be consistent with Map H, which is identified as Exhibit "C" and is attached hereto and made a part hereof. Map H is also hereby approved as the Conceptual MDP Master Plan pursuant to the land development regulations for the MDP classification contained in the City's Growth Management Code. The Project will comply with all applicable landscaping requirements of the City's Growth Management Code, as the same exist now or may be amended in the future. C. The Developer shall comply with all duly adopted federal, state, and local development and construction rules and regulations. d. The Developer agrees to contribute the sum of $90,000.00 to the City to assist in off -setting the additional administrative cost associated 57 ORDINANCE NO. 3226 with the Arborwood DRI Development Order, which funds shall be paid in five (5) equal annual installments of $18,000.00 per year. The first payment shall be made within sixty (60) business days of the effective date of this DRI Development Order. e. In order to defray the initial, extraordinary costs of providing services by the City to Arborwood and to enable the City to provide such services on an ongoing basis concurrent with the impacts of development in Arborwood, Worthington will make the following payments to the City in a timely manner: (1) An "initial contribution" of the sum of $160,000.00 within sixty (60) days of the issuance of the first City site development permit (excluding Treeline Avenue Extension through Arborwood) authorizing construction (vertical or infrastructure) in Arborwood. (2) On July 1 following the date of the "initial contribution," Worthington (or its successors and assigns) will provide a good faith estimate of the number of residential dwelling units which it anticipates will be permitted and receive a certificate of occupancy within Arborwood during the upcoming 4V ORDINANCE NO. 3226 12-month period (July 1 through June 30). Worthington, its successors and assigns, shall pay to the City at the time each building permit is issued an amount equal to $140.00 per residential dwelling unit. (3) On each ensuing August 31 Worthington shall provide a report summarizing the actual number of residential dwelling units that were permitted and received a certificate of occupancy within Arborwood during the previous 12-month period (July 1-June 30). f. The Developer will deed the 2.87(+/-) acres of property identified in Exhibit "F" to the City in fee simple, for acceptance by the City through established City procedures, within six (6) months of the effective date of this Development Order, said property to be used by the City as a future City government annex center. g. Worthington will provide a 1.34 acre, more or less, EMS site to Lee County within close proximity to Arborwood (approximately 0.5 miles north of Daniels Parkway on the west side of Treeline Avenue). h. The Developer has indicated it intends to petition to form one or more Community 59 ORDINANCE NO. 3226 Development Districts (CDDs) within the project pursuant to Chapter 190, Florida Statutes. Any CDD established within the DRI may finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain infrastructure, projects, systems and facilities as set forth in Section 190.012, Florida Statutes, including but not limited to any transportation improvement set forth in this Development Order, whether on site or off site. With respect to the provision of such infrastructure, projects, systems and facilities, the City agrees that the establishment of one or more CDDs meets the criteria set forth in Section 190.005(1)(e), Florida Statutes. If the Developer is required by the Development Order to provide, pay for, or otherwise cause to be provided, infrastructure, projects, systems or facilities set forth in Chapter 190, Florida Statutes., then the CDD independently may satisfy such obligations. To the extent that any such obligation under this Development Order is deemed by the City to have been met or performed by the CDD, then such obligation shall be deemed to be satisfied and the Developer shall no longer be subject to such obligation. ORDINANCE NO. 3226 C. CONCLUSIONS OF LAW AND ADMINISTRATIVE REQUIREMENTS. 1. This Development Order constitutes an ordinance of the City of Fort Myers adopted in accordance with all applicable statutory requirements in response to the DRI ADA filed for the Arborwood DRI. 2. The Development Order is binding upon the Developer(s), and its assignees or successors in interest. Where the Development Order refers to lot owners, business owners or other specific reference, those provisions are binding on the entities or individuals referenced. Those portions of the Development Order that clearly apply only to the developer are binding upon any builder/developer who acquires a tract of land within the DRI. 3. The terms and condition set out in this development order constitute a basis upon which the Developer and the City may rely in future actions necessary to fully implement the development contemplated by this Development Order. 4. The project has a buildout date of December 31, 2013. The project has an expiration date of December 31, 2014. This provides one (1) year for any development that completed its permitting prior to the buildout date to complete construction. 5. The project will not be subject to down -zoning, unit density reduction, intensity reduction, or prohibition of development until December 31, 2014. If the City demonstrates that substantial changes have occurred in the conditions underlying the approval of the Development Order at a duly noticed public hearing then a down -zoning, unit density 61 ORDINANCE NO. 3226 reduction or prohibition of development may occur. No down -zoning, density or intensity reduction or prohibition of development can occur without sufficient notice to the Developer and an opportunity to be heard. These changes would include, but would not be limited to, such factors as a finding that the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by the City to be essential to the preservation of the public health, safety and welfare. 6. The Developer, or its successor(s) in title will submit a report biannually to the City of Fort Myers, SWFRPC, the FDCA, and all affected permit agencies as required by Section 380.06(18), Florida Statutes. The report must describe the state of development and compliance as of the date of submission. In addition the report must be consistent with the rules of the FDCA. The first monitoring report must be submitted not later than two (2) years after the effective date of this development order. Further reporting must be submitted not later than two (2) years of subsequent calendar years thereafter, until buildout. Failure to comply with this reporting procedure is governed by Section 380.06(18), Florida Statutes. The Developer must inform successors in title to the undeveloped portion of the real property covered by the Development Order of this reporting requirement. This requirement may not be construed to require reporting from tenants or owners of individual lots or units. 7. The project has one 9-year phase. Any amendments to the phasing shall be evaluated in accordance with Section 380.06(19), Florida Statutes. 62 ORDINANCE NO. 3226 8. All mitigation requirements identified in this development order must be performed in accordance with the established time frames set forth herein. If the Developer fails to provide the mitigation in accordance with the terms and conditions of this development order it could result in a substantial deviation pursuant to Section 380.06(19), Florida Statutes. 9. The developer, or its successor, may be subject to credit for contributions, construction, expansion, or acquisition of public facilities in accordance with Section 380.06(16), Florida Statutes, if the developer is also subject by local ordinance, impact fees or exaction requirements to address the same impact or need. 10. The Director of Community Development (or his/her designee) shall be the local official responsible for assuring compliance with this development order. 11. The City will forward certified copies of this Development Order to the SWFRPC, FDCA, the Developer and appropriate state agencies. This Development Order is rendered as of the date of that transmittal, but will not be effective until the expiration of the statutory appeal period (45 days from rendition) or until the completion of any appellate proceedings, whichever time is greater. Upon this Development Order becoming effective, the Developer must record notice of its adoption in the office of the Clerk of the Circuit Court, as provided in Section 380.06(15), Florida Statutes. Section 2. This ordinance shall become effective immediately upon passage. 63 • 0 ORDINANCE NO. 3226 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this 20th day of September, A.D., 2004. Aye i�'� — Tammara Hall Aye Veronica S. Shoemaker Aye Aye Randall P. Henderson Council Members APPROVED this 20th day of September, A.D., 2004, at 6.57 o'clock p.m. FILED in the Office of the City Clerk this 20th day of September, A.D., 2004. 64 Marie Adams, CMC City Clerk ORDINANCE NO. 3226 EXHIBIT A DESCRIPTION OF A PARCEL OF LAND LYING IN SECTIONS 2, 3, 10, 11, 12, 13, 14, 15, & 23, TOWNSHIP 45 SOUTH RANGE 25 EAST, LEE COUNTY, FLORIDA (ARBORWOOD DRI, CDD & CPA) A PARCEL OF LAND LYING IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTIONS 2, 3, 10, 11, 12, 13, 14, 15, & 23, TOWNSHIP 45 SOUTH, RANGE 25 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE N.89055'59"E. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 12 FOR 2593.44 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 12; THENCE CONTINUE N.89°55'59"E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 12 FOR 69.69 FEET; THENCE S.01*0549"E. FOR 2646.14 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 12; THENCE N.89°5548"E. ALONG NORTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 12 FOR 2524.41 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 12; THENCE S.00057'31"E. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 12 FOR 2645.06 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE S.00°40'57"E. ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 13 FOR 2647.21 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 13; THENCE S.00053'05"E. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 13 FOR 2644.11 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE N.89042'21"W. ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 13 FOR 2596.61 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 13; THENCE N.89042'31"W. ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 13 FOR 2597.48 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE S.88009'06"W. ALONG THE SOUTH LINE OF SECTION 14 FOR 1353.20 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 14; THENCE S.00056'40"E. ALONG THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 23 FOR 1321.04 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 23; THENCE S.88007'27"W. ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 23 FOR 1351.52 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 23; THENCE S.88°07'59"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 23 FOR 1353.52 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 23; THENCE N.0 1'0 1'24"W. ALONG THE WEST LINE OF THE 65 ORDINANCE NO. 3226 NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 23 FOR 909.59 FEET; THENCE N.13°29'05"E. FOR 98.76 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1262.50 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1403333" FOR 320.81 FEET; THENCE N.01004'28"W. FOR 2645.55 FEET TO A POINT ON THE NORTH LINE OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 14; THENCE N.0005249"W. FOR 843.65 FEET; THENCE S.89007'11"W. FOR 65.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 14; THENCE N.0005249"W. ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 14 FOR 477.57 FEET THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE S.88° 18'58"W. ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 14 FOR 1357.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 14; THENCE S.89034'25"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 15 FOR 640.89 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF I-75; THENCE N.08021'16"E. ALONG THE EAST RIGHT-OF-WAY LINE OF I-75 FOR 1925.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 5891.58 FEET; THENCE NORTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY LINE OF I-75 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 23011'09" FOR 2384.14 FEET; THENCE N.14°49'51"W. ALONG SAID EAST RIGHT-OF-WAY LINE OF I-75 FOR 2886.26 FEET TO AN INTERSECTION WITH THE CENTERLINE OF A WATER MANAGEMENT EASEMENT DESCRIBED IN OFFICIAL RECORD BOOK 2558, PAGE 2002, LEE COUNTY, FLORIDA; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET, THROUGH A CENTRAL ANGLE OF 63011'11" FOR AN ARC DISTANCE OF 253.65 FEET, A CHORD BEARING OF S.7504931"E. A CHORD DISTANCE OF 240.99 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 710.00 FEET, THROUGH A CENTRAL ANGLE OF 46°0848" FOR 571.84 FEET; THENCE N.89°37'18"E. FOR 354.32 FEET; THENCE S.50015'11"E. FOR 144.85 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 84017'37" FOR 882.72 FEET, A CHORD BEARING OF N.87036'01"E. A CHORD DISTANCE OF 805.24 FEET; THENCE N.45027'12"E. FOR 398.60 FEET; THENCE N.67°03'34"E. FOR 478.36 FEET; THENCE N.34° 14'49"E. FOR 127.19 FEET; THENCE N.23040'29"E. FOR 475.63 FEET; THENCE N.0605249"W. FOR 109.55 FEET; THENCE N.36030'44"E. FOR 109.13 FEET; THENCE N.20042'13"E. FOR 118.75 FEET; THENCE N.60°38'04"E. FOR 92.29 FEET; THENCE N.74041'42"E. FOR 85.73 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF TREELINE BOULEVARD; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING COURSES; THENCE AROUND A CURVE TO THE LEFT, HAVING A RADIUS OF 2800.06 FEET THROUGH A CENTRAL ANGLE OF 05012'07" AN ARC DISTANCE OF 254.22 FEET A CHORD BEARING OF ORDINANCE NO. 3226 S.01014'59"E., A CHORD DISTANCE OF 254.14 FEET; THENCE S.03051'03"E. FOR 959.31 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2500.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0402822" FOR 195.16 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 11; THENCE N.89004'48"E. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 11 FOR 576.50 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 11; THENCE N.89°03'32"E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 11 FOR 2645.22 FEET TO THE POINT OF BEGINNING. CONTAINING 2479.13 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS -OF -WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN) BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 12 BEING N.89055'59"E. Certification for Description Surveyor and Mapper in Responsible Charge: Denis J. O'Connell, Jr., LS #5430 Community Engineering Services, Inc. LB #6572 8991 Daniels Center Drive, Suite 103 Fort Myers, FL 33912 Signed: Date: 67 ORDINANCE NO. 3226 EXHIBIT B Development Parameters and Phasing Schedule Proposed Land Use 2004-2013 Residential Single Family 4,050 units Multi Family 2,450 units Golf Course Holes 36 holes. Town Center Commercial Office and Retail 170,000 sq. ft. .:, ORDINANCE NO. 3226 EXHIBIT C Arborwood Master Plan (Map H) «. r .. INV ,y'+a(y�k+w>r 1wN�?ACIr.�11% r5N ORDINANCE NO. 3226 EXHIBIT D ARBORWOOD IMPROVEMENTS Recommended Roadway Improvements Roadway Improvement Ben Hill Griffin Parkway • Alico Road to Koreshan Parkway Colonial Boulevard • Ortiz Avenue to I-75 • I-75 to Treeline Avenue Daniels Parkway • I-75 to Treeline Avenue • Chamberlain Parkway to Gateway Blvd. I-75 • Bonita Beach Road to Corkscrew Road • Corkscrew Road to Alico Road • Alico Road to Daniels Parkway Ortiz Avenue • Colonial Boulevard to SR 82 Six Mile Cypress Parkway • US 41 to Daniels Parkway SR 82 • Palmetto Avenue to I-75 • I-75 to Omni Boulevard Treeline Avenue • Alico Road to SWFIA Entrance 70 Recommended Widen to 6 Lanes or Parallel Facility Widen to 8 Lanes or Intersection Improvements or Parallel Facility Widen to 6 Lanes Intersection Improvements or Parallel Facility Intersection Improvements or Parallel Facility Widen to 6 Lanes or Parallel Facility Widen to 6 Lanes or Parallel Facility Widen to 6 Lanes or Parallel Facility Widen to 4 Lanes Widen to 6 Lanes Intersection Improvements or Parallel Facility Widen to 6 Lanes Intersection Improvements and Access Management ORDINANCE NO. 3226 Recommended Intersection Improvements Intersection Recommended Improvement Colonial Boulevard/Treeline Avenue intersection improvements Colonial Boulevard/Omni (Forum) Boulevard Intersection Colonial Bouelvard/I-75 East Ramp Colonial Bouevlard/I-75 West Ramp Colonial Boulevard/ Six Mile Cypress Parkway Daniels Parkway/Treeline Avenue Daniels Parkway/I-75 East Ramp Improvements Daniels Parkway/I-75 West Ramp SR 82/I-75 West Ramp SR 82/I-75 East Ramp SR 82 / Omni (Forum)Boulevard SR 82 / Palmetto Avenue SR 82 / Ortiz Avenue Improvements Treeline Avenue/Arborwood Parkway Treeline Avenue/Project Entrances 71 Improvements Intersection Improvements Intersection Improvements Intersection Improvements Intersection Improvements Intersection Intersection Improvements Intersection Improvements Intersection Improvements Intersection Improvements Intersection Improvements Intersection Intersection Improvements Intersection Improvements ORDINANCE NO. 3226 EXHIBI s Location of Gopher Tortoise Burrow amA_VXTI-� EXmb!! E 72 ORDINANCE NO. 3226 EXHIBIT F Property to be deeded by Developer to City pursuant to Condition B.9.f EXHIBIT T" EEIANWW VACaEASSMU hti' 10't11fl."--, EJUBW 1 r-PROPMWOONMAMAREA community engineering services, inc. 8991 Daniels Cuter Drive, Suite 103 Fart Myers. FL 33912 (239)936-9777 Fax (239)936-0064 (jl# / snE 73 a ARBOMV=ORI PARCELTW d LANE TREE 0 ALIGNMENT PARCEL