CITY OF BONITA SPRINGS ZONING ORDINANCE NO
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1 CITY OF BONITA SPRINGS ZONING ORDINANCE NO A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; APPROVING A REQUEST BY MR. JAMES INK IN REFERENCE TO DORSET HARBOR TO REZONE FROM AGRICULTURAL (AG-2) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD); ON LAND LOCATED AT ARROYAL ROAD, BONITA SPRINGS, FLORIDA, STRAP NO B ; ON /- ACRES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. James Ink in reference to Dorset Harbor has filed an application to rezone the 5.90+/- acre property from Agricultural (AG-2) to Residential Planned Development (RPD), to permit a maximum of 20 singlefamily homes with a maximum height of thirty-five feet (35') and two (2) habitable stories. No blasting is proposed. WHEREAS, the subject property is located at Arroyal Road, Bonita Springs, Florida, and is described more particularly as: See Schedule A WHEREAS, a Public Hearing was advertised and heard on April 7, 2006 by the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board of Appeals ( Zoning Board ) on Case DCI who gave full consideration to the evidence available and recommended approval (5-0); and gave full and complete consideration of the record, consisting of the Staff Recommendation, the Zoning Board, the documents on file with the City and the testimony of all interested parties. The October 15, 2007 Staff Report prepared by Lee County Development Services Division and evidence submitted at the Zoning Board hearing is on file with the City Clerk. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Bonita Springs, Lee County, Florida: SECTION ONE: APPROVAL OF REQUEST City Council of Bonita Springs hereby approves the rezoning from AG-2 to RPD with the following conditions and deviations: Conditions 1. The development of this project must be consistent with the 3 page Master Concept Plan entitled "Documents for rezoning, Dorset Harbor Residential Planned Development," stamped received September 26, 2005, last revised September 22, 2005, except as modified by the conditions below. This development must comply Page 1 of 13
2 with all requirements of the Bonita Springs LDC at time of local Development Order Approval, except as may be granted by deviation as part of this planned development. If changes to the Master Concept Plan are subsequently pursued, appropriate approvals will be necessary. 2. The following limits apply to the project and uses: a. Schedule of Uses Accessory Uses, buildings and structures Docks and Seawalls Essential Services Fences, Walls Entrance Gates, Gatehouse Model Homes with accessory parking - Subject to condition # 5 Non-roofed accessory structures Single-Family Docks Signs in compliance with Chapter 30 Dwelling Units Single-family detached (20 dwelling units maximum) Residential Accessory Uses - (per LDC Section (c)(42)) Multi-slip docking facility (private) b. Site Development Regulations Lot Area (min.) Lot Width (min.) Lot Depth (min.) 6,500 square feet 25 feet 45 feet (Measured at setback line) 60 feet 3. Environmental Conditions: Minimum Setbacks Front (street) Side entry garage 10 feet Front load garage 23 feet Side Yard 3.5 feet _ 6 feet Rear Yard 10 feet Water Body (Imperial River) 25 feet Water Body (Canal) 10 feet Maximum Building Height 35 feet (2 habitable stories) Maximum Lot Coverage 45% Page 2 of 13
3 A. Prior to local development order approval, a current listed species survey as per the Land Development Code (LDC) Section 3-473(A) must be submitted to Environmental Staff for review and approval. B. Prior to local development order approval, an American alligator management plan must be submitted for review and approval by the Division of Environmental Sciences staff. The management plan must include an informational brochure for residents on living with alligators. Also, the development order plans must include the location and details of signage between the created and restored wetland areas abutting the residential lots which state: Alligators may be present. It is dangerous and illegal to feed or harass alligators. C. Prior to local development order approval, a listed wading bird species management plan must be submitted for the Division of Environmental Sciences staff review and approval. The plan must include an informational brochure for residents on living with listed wading bird species D. The eastern shoreline of the expanded canal must be stabilized with a rip-rap revetment as per Section 26-75(b) of the Land Development Code (LDC). The rip-rap revetment must be planted with 3-gallon container size native wetland vegetation, to include native leather fern (Acrostichum danaeifolium) and juncus species, planted in a double, staggered row 3-foot on-center excluding the area where the docks are proposed. E. Prior to local development order approval, a detailed planting and grading plan with proposed acreage for the created mangrove area and restored wetland area must be submitted to the Division of Environmental Sciences (ES) staff for review and approval. F. The created mangrove area and rip-rap revetment must be completed prior to the issuance of a Certificate of Compliance for the infrastructure development order. G. Prior to local development order approval, the development order plans must delineate: 1. access to multi-slip dock facility through common area or access easements; and 2. ten foot conservation easement along the Imperial River at lot fifteen (15); and Page 3 of 13
4 3. the location of each dock slip proposed (label each slip by number); and 4. the use of rip rap and/or native vegetation to stabilize shoreline only. H. Approval of this zoning request does not guarantee approval of a multislip docking facility and the two 2-slip private dock structures which are subject to the Land Development Code (LDC) Section 26, the Manatee Protection Plan and all other applicable state and federal permits governing dock and shoreline structures. A separate Lee County Dock and Shoreline Permit must be obtained prior to construction of any multi-slip dock and/or walkway structures. I. Prior to local development order approval, the landscape plans must depict and provide detailed cross sections delineating planting of the denuded shoreline along the Imperial River. The plantings including mangrove sp. 3-gallon size, planted 3 foot on center and clusters of black needle rush and leather fern 1-gallon size, planted to equal 1 per 1 linear foot must be located along the toe of slope. The single family lot along the Imperial River which contains this planting area within the lot boundary must have language attached to the deed prohibiting removal of shoreline vegetation and the maintaining of the mangroves at no less than state statutory requirements. 4. Arroyal Road must be improved and widened to a minimum of 20-foot wide paved two lane road, with a sidewalk to the City of Bonita Springs specifications on the west side of the road, where it fronts the subject property. 5. The developer must coordinate with the City of Bonita Springs Public Works Department to improve the intersection of Arroyal Road and Pennsylvania Avenue. This improvement is necessary to provide a safe access to the development. 6. Model homes are permitted uses, but, must be consistent with the following conditions: a. A maximum of three (3) model-homes are permitted; and b. Hours of operation for the model homes are restricted to Sunday through Saturday, 8:00 a.m. through 6:00p.m.; and c. Each model home must be a unique example. Multiple examples of the same model are not permitted. 7. Approval of this zoning request does not address mitigation of the project's vehicular or pedestrian traffic impacts. Additional conditions consistent with Page 4 of 13
5 the Bonita Springs LDC may be required to obtain a local development order. 8. Approval of this rezoning does not guarantee local development order approval. Future development order approvals must satisfy the requirements of the Bonita Springs Comprehensive Plan Planning Communities Map and Acreage Allocation Table, Map 16 and Table 1(b), be reviewed for, and found consistent with, the retail commercial standards for site area, including range of gross floor area, location, tenant mix and general function, as well as all other Lee Plan provisions. 9. This development must comply with all of the requirements of the LDC at the time of local development order approval, except as may be granted by deviations approved as part of this planned development. 10. Prior to local development order approval, the applicant will meet with the Bonita Springs Tree Advisory Board and provide a tree survey to redevelop the site plan as follows: a. To incorporate and preserve as many heritage trees as feasible. Staff may give administrative deviations for tree preservation with adequate space for root structures (drip line). b. To add additional native plantings on the upland portion of the property. c. To include a planting scheme on the slope of the retention area so as to incorporate additional trees and vegetation. d. To establish best management practices and create private regulations and standards for slow release fertilizers being applied to the common areas and the individual property. 11. Natural Resources Conditions: a. Provisions for the offsite drainage must be designed, constructed, and maintained such that no adverse flooding effects result from the project. b. Prior to issuance of the first Development Order, the applicant must include within its property owner documents an evaluation system requiring monitoring every three (3) years to determine whether the water management provided by the stormwater system and buffers adequately address water quality and not adversely affect the Imperial River. The type of testing and threshold monitoring must be approved by Natural Resources or any successor agency, and must be performed by a water quality specialist. In the event the monitoring demonstrates the development has adversely affected Imperial River, the developer or successor property owner association will address remediation in a manner acceptable to the Page 5 of 13
6 City of Bonita Springs, Lee County and the South Florida Water Management District. If the monitoring shows no adverse effect after eighteen years or 6 monitoring phases, whichever is greater, Natural Resources in concurrence with City Council can release the developer or property owner from this condition, subject to discussion at one regular City Council meeting (Zoning Amendment unnecessary). c. Prior to issuance of the first Certificate of Completion for the first Development Order, a registered professional engineer must provide a written certification that the conveyances for the drainage was constructed as proposed and approved is in place and functioning. 12. This single family residential must be designed so that any outdoor lighting will remain on individual property and must be directed in such a manner so that lighting does not spill onto other property or upwards. Street lights must be shielded so that light is directed on the street. Deviations Deviation 1 is approved, granting relief from LDC Section 3-296(k)(1)(b), which requires a 110 foot radius circular cul-de-sac, to allow a minimum 90 foot x 90 foot square cul-de-sac right-of-way as depicted on the Master Concept Plan (MCP). Deviation 2 is approved, granting relief from LDC Section 3-355(a)(1), which requires utility easements on each side of a street right-of-way, to allow for placement of utility easements within the right-of-way, SUBJECT to the condition that letters of no objection must be received from all effected utilities at the time of the first development order approval. Deviation 3 is Withdrawn. Deviation 4 is approved, granting relief from LDC Section 3-295(b), which requires private roads with closed drainage to contain a minimum of 40-foot wide right-of-way, to allow for varying right-of-way widths with a minimum of 35 feet. Deviation 5 is approved, granting relief from LDC Section 3-291(3), which requires residential developments of over 5 acre in area to provide two means of ingress and egress to the site, to allow a single access point to the development. Deviation 6 is approved, granting relief from LDC Section 3-254(c), which requires side lot lines to be, as nearly as practical, at right angle to straight street lines and radial to curve street lines. Findings and Conclusions: Page 6 of 13
7 Based upon an analysis of the application and the standards for approval of planned development rezonings, Bonita Springs City Council makes the following findings and conclusions: 1. The applicant has proven entitlement to the rezoning by demonstrating compliance with the Bonita Springs Comprehensive Plan, the Land Development Code, and other applicable codes and regulations. 2. The requested zoning: a) meets or exceeds all performance and locational standards set forth for the potential uses allowed by the request; b) is consistent with the densities, intensities and general uses set forth in the Bonita Springs Comprehensive Plan; c) is compatible with existing or planned uses in the surrounding area; and d) will not adversely affect environmentally critical areas or natural resources. 3. Approval of the request will not place an undue burden upon existing transportation or planned infrastructure facilities and the site will be served by streets with the capacity to carry traffic generated by the development. 4. Urban services, as defined in the Bonita Springs Comprehensive Plan, are available and adequate to serve the proposed land use. 5. The proposed use is appropriate at the subject location. 6. The recommended conditions to the concept plan and other applicable regulations provide sufficient safeguards to the public interest. 7. The recommended conditions are reasonably related to the impacts on the public s interest created by or expected from the proposed development. 8. The deviations granted: a) enhance the objectives of the planned development; and b) preserve and promote the general intent of the LDC to protect the public health, safety and welfare. SECTION TWO: EFFECTIVE DATE Page 7 of 13
8 This ordinance shall take effect thirty (30) days from the date of adoption. DULY PASSED AND ENACTED by the Council of the City of Bonita Springs, Lee County, Florida, this 18 th day of December, AUTHENTICATION: Mayor City Clerk APPROVED AS TO FORM: City Attorney Vote: Arend Aye Joyce Aye Ferreira Aye Simons Nay Grantt Nay Nelson Aye McCourt Nay Date filed with City Clerk: Page 8 of 13
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