CITY OF BONITA SPRINGS ZONING ORDINANCE NO

Transcription

1 CITY OF BONITA SPRINGS ZONING ORDINANCE NO A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; APPROVING A REQUEST BY BONITA GATEWAY DEVELOPMENT CO., TO REZONE FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) TO COMMERCIAL PLANNED DEVELOPMENT (CPD) TO PERMIT A MIXED USE COMMERCIAL DEVELOPMENT AND 125 ROOM HOTEL/MOTEL, ON LAND LOCATED AT BONITA BEACH ROAD, BONITA SPRINGS, FLORIDA (STRAP NO B ) ON ACRES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bonita Gateway Development Co., represented by Greg Stuart, has filed an application for rezoning from Commercial Planned Development (CPD) to Commercial Planned Development (CPD) with certain conditions; and WHEREAS, the subject property is located at Bonita Beach Road, Bonita Springs, Florida, and is described more particularly as: See Exhibit A attached hereto and, WHEREAS, a Public Hearing was advertised and heard on November 3, 2000 by the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board of Appeals ( Zoning Board ) on case DCI (fka Z 01.01) who gave full consideration to the evidence available and recommended approval; WHEREAS, City Council has given 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 19, 2000 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 of acres from Commercial Planned Development (CPD) to Commercial Planned Development (CPD) with the following conditions and deviations: Conditions 1. The development of this project must be consistent with the one-page Master Concept Plan entitled "The Bonita Gateway 10 ac. CPD," stamped received December 9, 1999, except as modified by the conditions below. 1

2 This development must comply with all requirements of the City of Bonita Springs Land Development Code 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. Notes (1) of the Project Summary Data and (1) of the Proiect Notes and General Conditions on the Master Concept Plan have no force or effect as part of this zoning action. Any adjustments or changes to the intensity of this development or layout must go through the amendment process as contained in the City of Bonita Springs Land Development Code. This project is permitted a maximum of 125 hotel/motel rooms and 96,800 square feet of commercial area. Of the total 96,800 square feet, not more than 24,900 square feet can be devoted to retail uses and the remaining 71,900 square feet may be used for the other permitted uses and nonretail uses. 2. The following limits apply to the project and uses: a. Schedule of Uses ACCESSORY USES AND STRUCTURES (LDC Sections et seq., et seq., , and et seq.) ADMINISTRATIVE OFFICES ANIMALS: Clinic (LDC Section et seq.) ATM (automatic teller machine) AUTO PARTS STORE - with or without installation facilities AUTOMOBILE SERVICE STATION AUTO REPAIR AND SERVICE (LDC Section (c)(2)), Group I LDC Section BANKS AND FINANCIAL ESTABLISHMENTS [LDC Section (c)(3)]: Group I BROADCAST STUDIO, COMMERCIAL RADIO AND TELEVISION (LDC Section et seq.) BUSINESS SERVICES [LDC Section (c)(5)]: All Groups CAR WASH COMPUTER AND DATA PROCESSING SERVICES CONSUMPTION ON PREMISES (LDC Section et seq.) - only in conjunction with a full-service restaurant CONTRACTORS AND BUILDERS [LDC Section (c)(9)] Groups I and II (LDC Sections , et seq.) CONVENIENCE FOOD AND BEVERAGE STORE CULTURAL FACILITIES [LDC Section (c)(10)] DRIVE-THROUGH FACILITY FOR ANY PERMITTED USE ESSENTIAL SERVICES (LDC Sections et seq., and et seq.) ESSENTIAL SERVICE FACILITIES [LDC Section (c)(13)] 2

3 Group I (LDC Sections et seq., et seq., and et seq.) EXCAVATION: Water retention (LDC Section )(no removal of excavated material is permitted from the site) FENCES, WALLS (LDC Section ) FOOD AND BEVERAGE SERVICE, LIMITED HARDWARE STORE HEALTH CARE FACILITIES [LDC Section (c)(8)], Group III HOBBY, TOY AND GAME SHOPS [LDC Section (c)(21)] HOTEL/MOTEL (limited to a maximum of 125 rooms) HOUSEHOLD AND OFFICE FURNISHINGS [LDC Section (c)(22)]: Groups I and II INSURANCE COMPANIES [LDC Section (c)(23)] LAUNDRY OR DRY CLEANING [LDC Section (c)(24)]: Group I LAWN AND GARDEN SUPPLY STORES (LDC Section ) MEDICAL OFFICE MINI-WAREHOUSE (limited to a maximum gross floor area of 71,900 square feet) NONSTORE RETAILERS [LDC Section (c)(30)], All Groups PACKAGE STORE (LDC Section et seq.) PAINT, GLASS AND WALLPAPER PARKING LOT: Accessory PERSONAL SERVICES [LDC Section (c)(33)]: Groups I, II, III and IV (excluding escort services, palm readers, and tattoo parlors) PET SHOP PHARMACY RENTAL OR LEASING ESTABLISHMENT [LDC Section (c)(39)]: Group III (LDC Section et seq., , and et seq.) REPAIR SHOPS [LDC Section (c)(40)]: Groups I and II RESEARCH & DEVELOPMENT LABORATORIES: Groups II & IV RESTAURANT, FAST FOOD RESTAURANTS [LDC Section (c)(43)]: Groups I, II, III & IV SELF-SERVICE FUEL PUMPS SIGNS in accordance with Chapter 30 SOCIAL SERVICES [LDC Section (c)(46)]: Group I STORAGE: Indoor only, (LDC Section et seq.) STUDIOS [LDC Section (c)(49)] USED MERCHANDISE STORES [LDC Section (c)(54)] Group I VARIETY STORE WHOLESALE ESTABLISHMENTS [LDC Section (c)(56)]: Group III (provided use is limited to those commodities and products which are permitted to be sold at retail, provided the off-street parking meets the requirement for the retail sales use). 3

4 Site Development Regulations: Minimum Lot Area and Dimensions: Area: 20,000 square feet Width: 100 feet Depth: 100 feet Minimum Setbacks: Street: variable according to the functional classification of the street or road (Section et seq.) Side: 15 feet Rear: 20 feet Water Body: 20 feet Accessory Use and Structure setbacks must comply with LDC Sections et seq. and Maximum Lot Coverage: 45% Maximum Building Height: 45 Feet 3. Prior to local development order approval: (1) a tree survey locating sabal palms with 8-foot or greater clear trunk and oak trees with a 12-inch or greater caliper at one-foot above the ground must be submitted; (2) Open space areas must be designed to preserve as many existing native trees as possible; (3) Reasonable effort must be made to preserve in place or relocate sabal palms with a minimum 8-foot-clear trunk in a horticulturally correct manner as defined by the Lee County Extension Service Publication (Staff s Exhibit 2) Lee 8/2000A. Sabal palms preserved in place will receive three credits. Any sabal palms relocated on-site will receive two tree credits. For sabal palms that exceed the project s landscaping needs, the developer must remove the sabal palms in a horticulturally correct manner, store them on-site and coordinate with the City of Bonita Springs or Lee County for the use of these sabal palms. 4. Prior to issuance of a Vegetation Removal Permit, the site must be surveyed for gopher tortoises. If any burrows or tortoises are found, a gopher tortoise management plan meeting the Land Development Code Section or requirements must be submitted to the Division of Planning/Environmental Sciences staff for review and approval. 5. No private on-site potable water or sanitary sewage treatment systems may be utilized within this development. The development is required to connect to public systems for these utilities. 6. All material excavated as part of the use of Excavation, water retention must remain on-site. No excavated material may be permitted to be removed from the site as part of this planned development. 7. Approval of this zoning request does not address mitigation of the project's vehicular or pedestrian traffic impacts. Additional conditions consistent 4

5 with the City of Bonita Springs Land Development Code 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 Comprehensive Plan Planning communities Map and Acreage Allocation Table, Map 16 and Table 1 (b), as may be amended or replaced. 9. Prior to the first development order submittal is approved, applicant will submit to staff recorded easements and agreements from Bonita Beach Village CPD and Florida Power and Light to allow for the frontage street interconnection, so as to eliminate or reduce access at Oakland Drive and Bonita Beach Road. 10. If applicant submits a development order to put in mini-warehouses before the adoption of the Bonita Beach Road Corridor Study, the applicant will submit to City Council the plans for approval of the fence and any aesthetic matters. SECTION TWO: EFFECTIVE DATE 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 8 th day of January, AUTHENTICATION: Mayor Paul Pass City Clerk APPROVED AS TO FORM: City Attorney Vote: Date Arend Aye Piper Aye Edsall Aye Wagner Aye Nelson Aye Warfield Aye Pass Aye Date filed with City Clerk: 5