HomeMy WebLinkAboutOrdinance - City Council - Regular - 3851 - 11/19/2018ORDINANCE NO. 3851
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
Septe mber 7, 2004, and September 20, 2004, at which the City Council
considered the Application for Development Approval (ADA) for
Arborwood, a Development of Regional Impac t (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:
ORDINANCE NO . 3 8 51
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 Mye rs Local Planning
Agency, the public, and the information and comments made on the
r ecord before the City Council, and City Council does hereby adopt the
following Findings, Conclusions of Law, and Conditions:
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 descr ibed 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
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ORDINANCE NO. 3851
ADA was deemed sufficient by the SWFRPC on
January 26, 2004.
4 . The development was reviewed b y 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
repor t 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.
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
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ORDINANCE NO. 3851
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 m Exhibit "B " attached hereto and
incorporated herein by reference. Recreational amenities
w ill 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 go lf course is conveyed from the
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ORDINANCE NO . 3851
developer to the membe rs, residents or homeowners'
association, or until 50% buildout of the reside ntial
portion of the DRI is achieved, whichever occurs first.
The status of the golf c ourse (s)'s c onvey ance shall be
provided in the biannual report pursuant to Paragraph 6 ,
Section C . The development will provide, at buildout,
approximately 628 acres of c onservation lands, which
include upland and wetland c onservation areas. The
development shall be generally c onsistent 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 c hanging market, permit, topographic
and other similar change in conditions, upon filing and
approval of a Notice of Proposed Change in acc ordance
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
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ORDINANCE NO. 3851
DRI is here by APPROVED b y this ordinance of the City
Council subject to the conditions, restrictions and
limitations that follow . For the purpose of this
development order, the term "Develo per" 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.
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 p e rmit
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 h ousing 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
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ORDINANCE NO. 3851
Notice of Pro p o s e d Change to this DRI, a reanaly sis of
employee housing demands may be required .
2 . Energy.
a. All e nergy 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 Resourc e 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 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
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ORDINANCE NO. 3851
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 p1pes, 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 m
interest including lot, unit or building owners or l essees
who store hazardous chemicals or who have hazardous
wastes on their site must follow the appropriate
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ORDINANCE NO. 3851
permitting or notification procedures for the storage
and/ or disposal of hazardous chemicals and wastes.
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
a pplication for an ERP.
f. The D eveloper shall r e move 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 plante d 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, b y supplemental replanting if necessary,
80% survival during the duration of this development
order.
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ORDINANCE NO. 3851
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 projec t to ensure compliance
with the terms and conditions of the ERP.
i. Impacts to state and federally liste d
plant and/ or animal species occurring on site must b e
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
Florida Fish and Wildlife Conservation Commission
(hereinafter referred to as FFWCC), and the United Sta tes
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 s hall design the ditch
and swale slopes to be consistent with the discharge rate
determined b y the SFWMD , and the Developer shall
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ORDINANCE NO. 3851
provide the water quality treatment prior to discharge
consistent with t h e SFWMD Basis of Review and
Chapter 40E, Florida Administrative Code.
1. The Developer, and any successors in
interest, shall b e responsible for the ongoing
maintenance and repair of the surface water
management s ystem. Maintenance includes routine
mowing and debris removal.
m. 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 b a sis. 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
expected impacts from the proposed development
described in E x hibit "B".
2. Site-Related Improvements
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ORDINANCE NO. 3851
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
m ade 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 d evelopment.
b) For this Proj ect, site-r e lated 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 Proj ect's direct access points
12
ORDINANCE NO. 3851
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,
the following determination has been made
regarding site-related versus creditable
roadway improvements.
Percent
Roadway ImQrovement Site-Creditable
Related
Treeline Right-of-Way (1 ,4J 0% 100%
Avenue Construction(l,2,4J 0% 100%
Arborwood Right-of Way (4J 0 % 100%
Pkwy-Construction (2,4J 50% 50%
Treeline Ave.
to Commerce
Lakes Drive
Arborwood Right-of-Way (4J 0 % 100%
Pkwy-Construction (2,41 100% 0 %
Commerce
Lakes Dr. to
NE Property
Line
Commerce Right-of-Way (4J 0 % 100%
Lakes Dr.-Constructionl2 ,3,4l 50% 50%
Arborwood
Pkwy. to
Property Line
Footnote:
13
ORDINANCE NO. 3851
{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
Ben Hill Griffin
Parkway
Colonial Boulevard
Daniels Parkway
1-75
Ortiz Avenue
Six Mile Cypress
Parkway
SR 82
Treeline Avenue
From
Alico Road
FGCU En trance
Ortiz Avenue/Six
Mile Cypress
Parkway
1-75
Chamberlain
Parkway
Bonita Beach Road
Colonial Boulevard
us 41
Palmetto Avenue
Alico Road
14
To
FGCU Entrance
Koreshan
Boulevard
Treeline Avenue
Treeline Avenue
Gateway
Boulevard
Daniels Parkway
SR82
Daniels Parkway
Omni (Forum)
Boulevard
SWFIA Entrance
ORDINANCE NO. 3851
Significantly and Adversely Impacted
Intersec tions
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 Parkwayjl-75 East Ramp
Daniels Parkway/I-75 West Ramp
SR 82/I-75 West Ramp
SR 82/I-75 East Ramp
SR 82/0mni (Forum) Boulevard
SR 82/Palmetto Avenue
SR 82/0rtiz 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 c urrent
Roads Impact Fee schedule have been calculated to
be $18,099,000. It has been determined that the
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ORDINANCE NO. 3851
DRI's proportionate share exceeds roads impact fees
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 p ermit 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 p er individual community within
Arborwood. Once an option h as been selected , any
request to change the mitigation option, including
changin g 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
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ORDINANCE NO. 3851
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 Fort Myers. The
values and credits for Treeline Avenue as identifie d
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 Projec t'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 b e given
by the City of Fort Myers for Treeline Avenue.
(a) Traffic Mitigation Option 1
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ORDINANCE NO. 3851
(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 constru c tion 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 s ection south of Colonial
Boulevard to Daniels Parkway,
consistent with and as described in the
agreement with Lee County titled
"Treeline Avenue E xtension 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
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ORDINANCE NO. 3851
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 provi ded for
Arborwood Parkway since the Developer
has committed to incorporate the
drainage from the roadway into the
Arborwood DRI water management
s ystem .
(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
Arborwood Parkway
Commerce Lakes Drive
19
$ 732,500
$ 768,500
$ 419,900
ORDINANCE NO. 3851
Total $1,920,900
(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
20
lane collector road from
Arborwood Parkway to existing
Commerce Lakes Drive west of
Gateway Boulevard.
ORDINANCE NO. 3851
(d) Emergency traffic signal at the
Fire Station Entrance on Treeline
Avenue.
The schedule for the constru c tion of the
improvements will be specified in the
schedule provided under Condition
4.5 .a) 1) above. The e stimated
construction costs of the identified
improvements are summarized as
follows .
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ORDINANCE NO. 3851
Estimated Improvement
Costs
Construction (including design,
permitting, water management,
and the like)
Treeline Avenue
Arborwood Parkway
Commerce Lakes Drive
Fire Station Signal
Tota l
$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 1s 100%
creditable against the DRI's total
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ORDINANCE NO. 3851
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
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 Q
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
23
ORDINANCE NO. 3851
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
$19 ,159,750.
c onstruction
Subtracting
is
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
require d mitigation amount. A total
$18,426,950 In total creditable
mitigation will be issued to the
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
24
ORDINANCE NO. 3851
the required mitigation amount
($327,950). The timing of the issuance
of the credits will be specified in the
improvement schedule identified m
Condition 4.5 .a}l). These credits may
be used to defray t he 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
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ORDINANCE NO. 3851
pay to the City the difference within
120 days of notification and
certification. The payment may be cash
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.
6) All deve lopment within the DRI will be
subject to the City's Concurrency
Management System in effect at the
time building permits are requested.
7) 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 payme nts 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
26
ORDINANCE NO. 3851
and cash
improvements
roadways,
payments
that relieve
provided
toward
those
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 ultimate ly funded through
other sources, in whole or in part, or
deemed unnecessary to maintain the
adopted level of service standards, the
City may apply the impact fees and
cash payme nts 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
27
ORDINANCE NO. 3851
scheduled pay ment of the Project's
o bligation of $18 ,83 1,800 (in year 2004
dollars} starting at the time of local
d evelopment 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
deve lopment agreement may include a
combination of scheduled payments of
cash and pipelined improvements by
the Developer and will specify the
sch edule for the improvements and
cash payments, if any.
2 } Within 150 days of adoption of t h e DRI
Development Order, the developer must
provide to the City a draft Development
Agreement specifying the schedule for
right-of-way dedications, roadway
28
ORDINANCE NO. 3851
construction , cash pay ments (if any),
and issuance of credits, in accordance
with the following:
(a) Right-of-Way:
29
Right-of-way to be d e dicated 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 agr eement with Lee
County titled "Treeline Avenue
Extension Agreement" and dated
March 30 , 2004; 100 feet of
right-of-way w ithin the control of
the Developer for Arborwood
Parkway (Todd/Owen Avenue)
from Treeline Avenue to the east
Arborwood property line; and
ORDINANCE NO. 3851
30
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 m 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 road way into the Arborwood
DRI water management system.
Although appraisals will be
comple ted 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
ORDINANCE NO. 3851
the enhanced value created by
the DRI and zoning approval .
The estimated value of the
right-of-way dedication is as
follows.
Treeline Avenue
Arborwood Parkway
Commerce Lakes Drive
Total
$ 732,500
$ 768,500
$ 419 ,900
$1,920,900
(b) Road Improvements:
The Developer shall construct
the following improvements as
specified in the Development
Agreement.
(1) Extension of Treeline
Avenue as a four lane
arterial roadway from the
existing four lane section
south of Colonial
Boulevard to Daniels
Parkway.
31
ORDINANCE NO. 3851
{2) Arborwood Parkway
{Todd/Owen Avenue) as a
two lane arterial roadway
from Treeline Avenue to
and including
intersection
the
with
Commerce Lakes Drive.
(3) Commerce Lakes Drive as
a two lane co llector 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 .
32
ORDINANCE NO. 3851
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
Arborwood Parkway
Commerce Lakes Dr.$
Traffic Signal
Total
$14,868,000
$ 2,598,800
1,942,900
$ 100,000
$19,509,700
The estimated costs of t h e 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
33
ORDINANCE NO. 3851
estimates for comparison
purposes.
(d) Impact Fee Credits:
34
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 by
the City of Fort Myers for
Treeline Avenue. The value of
the right-of-way fo r 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
ORDINANCE NO. 3851
mitigation obligation. The
creditable value of the
construction has been estimated
at $17,238,850, as follows .
Creditable Construction Costs
Non
Ro a dway To tal 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.
(e) Cash Payment:
The estimated value of all
creditable right-of-way and
construction ($19, 159, 750)
35
ORDINANCE NO. 3851
36
exceeds
mitigation
$18,831 ,800
Therefore,
the established
obligation of
by $327,950.
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 t he 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 c redits will be
a djusted accordingly and a cash
ORDINANCE NO. 3851
37
payment to make up the
difference will be required. The
cash payment, if any, for the
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
ORDINANCE NO. 3851
3)
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
improvements:
1. The list of significantly
and adversely impacted
roads and intersections
identified above.
2. Other non-site related
roadway improvements
benefiting the
Development.
Building permits for permanent
residential or commercial structures
including the sales center may be
issued while the Development
Agreement is being processed by both
38
ORDINANCE NO . 3851
4)
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 b e credited against the
Project's total mitigation.
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
development schedule and impact
levels remam consistent with the
Development Order, the level of
39
ORDINANCE NO. 3851
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 Proj ect traffic
impacts through the scheduled
payment of the Project's obligation of
40
ORDINANCE NO. 3851
$18,831,800 (in year 2004 dollars)
starting at the time of lo cal
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 shall
include a combination of pipelined
improvements and payments of roads
impact fe e s and will specify the
schedule for the improvements.
2) Within 150 days of adoption of the DRI
Development Orde r, the Developer
must provide to the City a draft
Development Agreement specifying the
schedule for right-of-way dedications,
41
ORDINANCE NO. 3851
roadway construction , and issuance of
credits.
(a) Right-of-Way:
42
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 Co lonial
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
ORDINANCE NO. 3851
43
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 m the
Master Plan (Map H). One
hundred (100) fee t 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
ORDINANCE NO. 3851
DRI and zoning approval. The
estimated value of the
right-of-way dedication is as
follows.
Treeline Avenue
Arborwood Parkway
Commerce Lakes Drive
Total
$ 732,500
$ 768,500
$ 419,900
$1,920,900
(b) Ro ad Improvements:
The Developer shall constru ct
the following improvements.
(1) Extension of Treeline
Avenue as a four lane
arterial roadway from the
existing four lane section
south of Colonial
Boulevard to Daniels
Parkway.
(2) Arborwood Parkway
(Todd/Owen Avenue) as a
two lane arterial road from
Treeline · Avenue to and
44
ORDINANCE NO. 3851
including the intersection
with Commerce Lakes
Drive.
(3} Commerce Lakes Drive as
a two lane collector road
from Arborwood Parkway
to existing Commerce
Lakes Drive west of
Gateway Boulevard .
(4) Emergency traffic signal at
Fire Station Entrance on
Treeline Avenue.
(c) Road Improvement Costs:
The estimated costs of the
identified improvements
summarized as follows.
Estimated Improvement Costs
Right-of-Way
Treeline Avenue
Arborwood Parkway
Commerce Lakes Dr.$
Total
$ 732,500
$ 768,500
419,900
$ 1,920,900
are
Construction (including design,
45
ORDINANCE NO. 3851
permitting, water management,
and the like)
Tree line Avenue
Arborwood Parkway
Commerce Lakes Dr.$
$14,868,000
$ 2,598,800
1 ,942,900
Traffic Signal $ 100,000
$19,509,700 Total
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
will be given in accordance with
the agreement titled "Treeline
Avenue Extension Agreement"
46
ORDINANCE NO. 3851
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 $
47
ORDINANCE NO. 3851
Avenue
Arborwood
Pkwy.
Commerce
Lakes
Fire Station
Signal
Total
0 0
$
2,598 ,800
$
1 ,942 ,900
$
1,299,400
$
971 ,450
0
$1 ,299,40
0
$
97 1 ,450
! ! ~
100,000 100,000 Q
$19 ,509,70
0
$17,238,85
0
$2,270,85
0
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 d e scribed below is
$14,964,900.
Development Paramete rs
Single-Family
Multifamily
Total Residential
Retail
4 ,000 d .u.
1,000 d .u.
5 ,000 d .u .
170,000 sq. ft.
36 holes Golf Course
The $14,964,900 in roads impact
fees for 5 ,000 dwelling units plus
48
ORDINANCE NO. 3851
the $732,800 difference between
the DRI's total proportionate
share and total roa ds impact fe e
pay m e nts e quals $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
1,000 multifamily),
and
170,000
square feet of retail floor area,
and 36 holes of golf. The
balance of $3,462,050 will be
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 d e scribed and in
the time frames outlined in the
49
ORDINANCE NO. 3851
Development Agreement, and the
development schedule and
impact levels remain consistent
with the D evelopment Order, the
level of development identified
above (5,000 dwelling units,
170,000 square feet of retail floor
area and 36 holes of golf) will be
exempt from
management
concurrency
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.
(f) Following the completion of all
right-of-way dedication and
50
ORDINANCE NO. 3851
51
roadway construc tion, the actual
value of those improvements will
be determined and compared to
the estimated c reditable 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
ORDINANCE NO. 3851
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
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
52
ORDINANCE NO. 3851
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:
53
(1) Make a cash payment of
$3,134,100 (or provide
roads impact fee credits)
representing the difference
between the total DRI
mitigation of $18,831,800
ORDINANCE NO. 3851
(2)
(3)
54
and the total mitigation
paid for the
5,000 dwelling units,
170,000 square feet of
retail floor area, and 36
holes of go lf ($18,831,800
minus $15,697,700
equals $3,134,100); or
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
Conduct
reassessment
a traffic
to
re-establish the buildou t
mitigation and continue
developing during the
reassessment by paying
ORDINANCE NO. 3851
3)
roads impac t fe es in effe c t
at the time.
If a cash payment or a ro a d
improvement 1s made, the
balance of the development will
be exempt from concurrency
m a nagement 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 buildou t timing. If
the Developer does not wish to
develop beyond 5,000 dwelling
units, the Developer may declare
DRI buildout.
Building permits for permanent
residential or commercial structures
55
ORDINANCE NO. 3851
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 1s being
processed shall be credited against the
Project's total mitigation.
(d) The developer c hose and has fully
implemented Traffic Mitigation Option 3 , as
provided m that certain Arborwood
Development Agreement dated March 7, 2006.
As provided in this Development Order and in
the Arborwood Developer Agreement, the
56
ORDINANCE NO. 3851
project was vested from concurrency for a
specified level of development through the
original project buildout date . In order to fully
recognize the buildout extensions granted by
Chapter 2011 -142 , Chapter 2011-139 and by
Chapter 2007-204, Laws of Florida, the
concurrency vesting for the level of
development specified m the Arborwood
Development Agreement is extended to the
new buildout date of April 8 , 2031 ,
established through Florida Statute Chapter
252 Emergency Management Section 363
Tolling and extension of permits and other
authorizations.
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 (FOOT), FDCA,
57
ORDINANCE NO. 3851
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 b e
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 parties.
If no agreement is reached on methodologies
and the monitoring report is not submitted on
58
ORDINANCE NO. 3851
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 Proj ect'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
59
ORDINANCE NO. 3851
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
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.
60
ORDINANCE NO. 3851
(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 FOOT as set forth
below:
61
ORDINANCE NO. 3851
COMMITTED IMPROVEMENTS
Roadway From To Improvement
Treeline Alico Road Daniels 4 Lane
Avenue Parkway Construction
Daniels Colonial 4 Lane
Parkway Boulevard Construction
Gunnery SR82 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 Ali co 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
Ali co Three Oaks Ben Hill 6 Lane
Road/ I-75 Pkwy. Griffin Widening
Interchang Parkway
e
62
ORDINANCE NO. 3851
Bonita Imperial I-75 6 Lane
Beach Street Widening
Road
Cy press Summerlin West of 6 Lane
Lake Dr. Road us 41 Widenin_g_
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
under Option~ 2 and 3 must contain the
following information.
(1) PM peak hour traffic coun ts 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
63
ORDINANCE NO. 3851
DRI analysis. The Project's trip
generation used m 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)l5, 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
level of service standards adopted by the lo cal
jurisdiction, and the Project is utilizing five
percent or more of the adopted l evel of service
stand ard service volume, then further local
64
ORDINANCE NO. 3851
Deve lopment 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.
f) The Arborwood DRI analysis has shown the
project to have a potential impact on 1-75
between B onita Beach Road and Daniels
Parkway and at the interchanges of both
Daniels Parkway and Colonial Boulevard.
Consequently, the applicant will monitor
future planned 1-75 projects. Further, Lee
County anticipates the construction of T hree
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
65
ORDINANCE NO. 3851
will monitor future planned I-75 projects and
the Three Oaks Parkway project and provide a
summary of them in the traffic monitoring
report .
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 t r ansit
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
66
ORDINANCE NO. 3851
Based on Extemal Single-Multifamily Retail
Trip Generation Family Office
F Land Use Unit d .u. d.u. sq. ft . sq. ft .
R Single-d.u. 1.00 2.10
0 Family 260 260
M Multifamily 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 1,000
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
conversion will not c reate 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 1s limited to no
more than the following .
Maximum
Maximum Amount Amount
Land Use Converted From Converted T o
67
ORDINANCE NO. 3851
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 w ill 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 road s impact fees than the
use being converted from, the difference in
roads impact fees will b e 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 fe es then the use b eing
converted from , the differe nce in roads impact
68
ORDINANCE NO. 3851
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 a pproval from USFWS and
69
ORDINANCE NO. 3851
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.
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.
70
ORDINANCE NO. 3851
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
in the water conservation plan of the public
water supply permit issued to the City by the
SFWMD .
c. The Applicant must provide verification that
the proposed water system designs meet
71
ORDINANCE NO. 3851
District criteria in effect at the time of permit
application.
d. 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 (COD) or
other similar mechanism to fund
infrastructure and other improvements for
Arborwood. Al l 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
72
ORDINANCE NO. 3851
wastewater collections systems shall be
reviewed and approved by the City prior to
construction. Appropriate 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
73
ORDINANCE NO. 3851
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
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.
nitrogen fertilizers will be used.
Slow release
i. The City will operate and maintain the potable
water distribution and sewer collection
systems and facilities, once constructed by the
74
ORDINANCE NO. 3851
Developer and d e dicated 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 issuanc e 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
are not in conflict with the above conditions,
75
ORDINANCE NO. 3851
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 provide d 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
76
ORDINANCE NO. 3851
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
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.
77
ORDINANCE NO . 3851
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
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
78
ORDINANCE NO. 3851
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.
79
ORDINANCE NO. 3851
c. Residential development within Arborwood will
pay applicable school impact fees at the 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
incorporated
enumerated
by reference
development order.
above
into
are
this
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 His also hereby approved as
the Conceptual MOP Master Plan pursuant to
the land development regulations for the MOP
classification contained in the City's Growth
Management Code. The Project will comply
80
ORDINANCE NO. 3851
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 devel opment
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
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 devel opment m
81
ORDINANCE NO. 3851
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
12-month period (July 1 through
June 30). Worthington, its successors
and assigns, shall pay to the City at the
82
ORDINANCE NO. 3851
(3)
time each building permit is issued an
amount equal to $140.00 per
residential dwelling unit.
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
prevwus 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
83
ORDINANCE NO. 3851
proximity to Arborwood (approximately
0.5 miles north of Daniels Parkway on the
west side ofTreeline Avenue).
h. The Developer has indicated it intends to
petition to form one or more Community
Development Districts (COOs) within the
project pursuant to Chapter 190, Florida
Statutes. Any COD 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 m 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 COOs meets the criteria set forth in
Section 190.005(l)(e), Florida Statutes. If the
84
ORDINANCE NO. 3851
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 Statu tes ., then the CDD independently
may satisfy such obligations. To the extent
that any suc h obligation under this
Development Order is deemed by the City to
have been met or performed by the CD D, then
such obligation shall be deemed to be satisfied
and the Developer shall no longer be subject
to such obligation.
C. CONCLUSIONS OF LAW AND
ADMINISTRATIVE REQUIREMENTS .
1 . This Development Order constitutes an ordinance of
the City of Fort Myers a dopted 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
85
ORDINANCE NO. 3851
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 f d eveloper 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 D evelo p er 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 April 8, 2031. The
project has an expiration date of April 8, 2032. This provides
one {1) year for any development that completed its permitting
prior to the buildout date to complete construction .
5. The projec t will not be subject to down-zoning, unit
d ensity reduction, intensity reduction, or prohibition of
development until April 8, 2032 . If the City demonstrates that
substantial changes have occurred in the co nditions underlying
the approval of the Development Order at a duly noticed public
hearing then a down-zoning, unit density r e du ction or
prohibition of development may occur. No down-zoning, density
or intensity reduction or prohibition of development can occur
86
ORDINANCE NO. 3851
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 prov ided 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
87
ORDINANCE NO. 3851
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 19-year phase . Any
amendments to the phasing shall be evaluated in accordance
with Section 380.06(19}, Florida Statutes.
8 . All mitigation requirements identified in this
development order must be performed in accordance with the
established time frames set forth here in. 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 acc ordance 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.
88
ORDINANCE NO. 3851
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 Deve lope r 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 .
upon p assage.
This ordinance shall become effective immediately
89
ORDINANCE NO. 3851
PASSED IN PUBLIC SESSION of the City Council of the City of
Terolyn ~atson
APPROVED on January 7, 2019 ..
Mayor
ORDINANCE NO. 3851
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.89°55'59"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 °05'49"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°55'48"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 .00°57'31 "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 2647.2 1 FEET TO THE SOUTHEAST CORNER
OF THE NORTHEAST QUARTER (NE 1/4} OF SAID SECTION 13;
THENCE S.00°53'05"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.89 °42'21"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.89°42 '3 1"W. ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER (SW 1/4} OF SAID SECTION 13 FOR 2597.48 FEET TO THE
91
ORDINANCE NO. 3851
SOUTHWEST CORNER OF SAID SECTION 13 ; THENCE S .88°09'06"W .
ALONG THE SOUTH LINE OF SECTION 14 FOR 1353.20 FEET TO THE
SOUTHWEST C ORNER OF THE SOUTHEAST QUARTER (SE 1 /4 ) OF
THE SOUTHEAST QUARTER (SE 1 /4) OF SAID SECTION 14; THENCE
S .00°56'40"E . ALO NG THE WEST LINE OF THE NORTHEAST
QUARTER {NE 1 /4) OF THE NORTHEAST QUARTER (NE 1/4) OF
SECTION 2 3 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 .88°07 '2 7"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
N ORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST
QUARTER (NW 1 /4) OF SECTION 2 3 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 .O 1 oo 1 '24"W. ALONG THE WEST LINE OF THE NORTHEAST
QUARTER {NE 1 /4) OF THE NORTHWEST QUARTER (NW 1/4) OF
SECTION 23 FOR 909.59 FEET; THENCE N.l3°29'05"E. FOR
98 .76 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A
RADIUS OF 12 6 2.50 FEET; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°33'33" FOR
3 20.81 FEET; THENCE N.01 °04'28"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.00°52'49"W. FOR
843 .65 FEET; THENCE S .89°07'11 "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 .OO o52'49"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.89°34'25"W. ALONG THE SOUTH LINE OF THE NORTHEAST
QUARTER (NE 1 /4) OF THE NORTHEAST QUARTER {NE 1/4) OF SAID
92
ORDINANCE NO. 3851
SECTION 15 FOR 640.89 FEET TO AN INTERSECTION WITH THE EAST
RIGHT-OF-WAY LINE OF I -75; THENCE N .08°21'16"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-7 5 AND SAID CURVE THROUGH A CENTRAL
ANGLE OF 23 °11 '09" FOR 2384 .14 FEET; THENCE N .14°49'5 1"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 63°11 '11" FOR AN ARC DISTANCE OF
253.65 FEET, A CHORD BEARING OF S .75°49'31"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°08'48" FOR
571.84 FEET; THENCE N .89°37'18"E. FOR 354.32 FEET; THENCE
S.50°15'11"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 84°17'37" FOR 882 .7 2 FEET, A CHORD BEARING
OF N.87°36'01"E. A CHORD DISTANCE OF 805 .24 FEET; THENCE
N.45°27'12"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.23°40'29"E. FOR 475.63 FEET; THENCE N.06°52'49"W. FOR
109.5 5 FEET; THENCE N .36°30'44"E . FOR 109.13 FEET; THENCE
N .20°42 '13"E. FOR 118.75 FEET; THENCE N .60°38'04"E. FOR
92 .29 FEET; THENCE N.74°41'42"E . FOR 85 .73 FEET TO AN
INTERSECTIO N 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 05°12'07"
AN ARC DISTANCE OF 254.22 FEET A CHORD BEARING OF
S .01 °14'59"E., A CHORD DISTANCE OF 254.14 FEET; THENCE
S.03°51 '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 04°28 '22" FOR 195.16 FEET TO THE NORTH LINE
OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 11 ;
93
ORDINANCE NO . 3851
THENCE N.89°04'48"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
2 645.22 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 .89 °55'59"E .
Certification for Desc ription
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:----------------
D ate:
94
ORDINANCE NO. 3851
EXHIBIT B
Development Parameters and Phasing Schedule
Proposed Land Use
Residential
Single Family
Multi Family
Golf Course
Holes
Town Center
Commercial Office and Retail
Multi-Family Residential
95
2004-2023
4,050 units
2,050 units
36 holes.
170,000 sq. ft.
400 units
ORDINANCE NO. 3851
EXHIBIT C
Arborwood Master Plan
(Map H)
96
ORDINANCE NO. 3851
\ CCXONIAL COUHmY
CWB -
LEGEND
GENERAL NOTES
1J n.E&.CGA'IJCW, ~TJO,¥I:MIOAC:ItC'AGCtOI'~
IIIXDJ USE, nMW conn, RJQHf ()1: WA~ ANO P'ADSR~ AR.EA9
AlfE CONCfJ-fVALLY~HSBJNI"'Of I.LUJ'JWA~~AMJ
AR£ 'IILIEOT F'OCHANC5DI.IRWO RNAL DUION NI/J I'CifJIITTPIIG.
~ ~ :....-.:.:::..::::= = I.----·------
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-
LAND USE SUMMARY
C) m ~~~~~~r:~ • 11AA~
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ORDINANCE NO . 3851
EXHIBIT D
ARBORWOOD RECOMMENDED IMPROVEMENTS
Recommended Roadway Improvements
Roadway
Improvement
Ben Hill Griffin Parkway
• Alico Road to Koreshan Parkway
Colonial Boulevard
• Ortiz Avenue to 1-75
• 1-7 5 to Treeline Avenue
Daniels Parkway
• 1-75 to Tree line Avenue
• Chamberlain Parkway to Gateway Blvd.
I-75
• Bonita Beach Road to Corkscrew Ro ad
• Corkscrew Road to Alico Road
• Alico Road to Daniels Parkway
Ortiz Avenue
• Colonial Boulevard to SR 82
Six Mile Cypress Parkway
98
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
ORDINANCE NO. 3851
• US 41 to Daniels Parkway
SR 82
• Palmetto Avenue to 1-75
• I-75 to Omni Boulevard
Treeline Avenue
• Alico Road to SWFIA Entrance
99
Widen to 6 Lanes
Intersection
Improvements or
Parallel Facility
Widen to 6 Lanes
Intersection
Improvements and
Access
Management
ORDINANCE NO. 3851
Recommended Intersection Improvements
Intersection Recommended Improvement
Colonial Boulevard/Treeline Avenue
Colonial Boulevard/Omni (Forum) Boulevard
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 /1-75 West Ramp
SR 82/I-75 West Ramp
SR 82/1-75 East Ramp
SR 82/0mni (Forum)Boulevard
SR 82/Palmetto Avenue
SR 82/0rtiz Avenue
Improvements
Treeline Avenue/ Arborwood Parkway
Treeline Avenue/Project Entrances
100
intersection
improvements
Intersection
Improvements
Intersection
Improvements
Intersection
Improvements
Intersection
Improvements
Intersection
Improvements
Intersection
Intersection
Improve ments
Intersection
Improvements
Intersection
Improvements
Intersection
Improvements
Intersection
Improvements
Intersection
Intersection
Improvements
Inte rsection
Improvements
ORDINANCE NO. 3851
EXHIBIT E
Location of Gopher Tortoise Burrow
101
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OMtD .....at 7, 2003.
ORDINANCE NO. 3851
EXHIBIT F
Property to be deeded by Developer to
City pursuant to Condition B.9.f
103
ORDINANCE NO. 3851
EXHIBIT F
Property to be deeded by Developer to
City pursuant to Condition B.9 .f
--~~ 81181 O...loilf C<rlt. Orf .. , SIM• 103
Fort M,.n. n. 3l912 (m)IJG-vm fox (2Je)936-00114
EXHIBIT •p
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