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 NAPITA HOLDINGS, LLC IN REFERENCE TO BONITA ROAD LOCKUP CPD; TO REZONE 3.67+/- ACRES FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) TO COMMERCIAL PLANNED DEVELOPMENT (CPD); TO ALLOW 4,000 SQUARE FEET OF OFFICE AND 93,500 SQUARE FEET OF MINI-WAREHOUSE; ON LAND LOCATED AT BONITA BEACH ROAD, BONITA SPRINGS, FLORIDA, (STRAP NO B ), ON /- ACRES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Napita Holdings, LLC in ref to Bonita Road Lockup CPD has filed an application for Rezone 3.67+/- acres from Commercial Planned Development (CPD) to CPD to allow 4,000 square feet of office and 93,500 square feet of mini-warehouse. WHEREAS, the subject property is located at Bonita Beach Road, Bonita Springs, Florida, and is described more particularly as: See Schedule A WHEREAS, a Public Hearing was advertised and heard on February 3, 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 (5-1 Pastore dissenting); 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 January 18, 2006 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 with the following conditions and deviations: A. Conditions 1. The development of this project must be consistent with the one-page Master Concept Plan entitled "Beach Road Lockup CPD" stamped received January 31, 2006, last revised November 18, 2005, except as modified by the Page 1 of 6

2 conditions below. If changes to the Master Concept Plan are subsequently pursued, appropriate approvals will be necessary. The maximum intensity of use permitted in this planned development is for 93,500 square feet of mini-warehouse and 4,000 square feet of commercial. 2. The following limits apply to the project and uses: a. Schedule of Uses Accessory Uses and Structures Administrative Office Banks and financial establishments: Group I Business services: Groups I Entrance Gates Essential services Excavation, Water Retention Fences, walls Medical Offices Signs (in accordance with Chapter 30) Storage: Indoor only Open - limited as an accessory use to the use of Warehouse: Mini-warehouse and limited to the storage of car, boats, and recreational vehicles which do not exceed a height of 14 feet. Warehouse: Mini-warehouse b. Site Development Regulations Minimum Lot Area and Dimensions: Area Width Depth Minimum Building Setbacks: Bonita Beach Road Side Rear Water Body Maximum Height 3.67 acres 250 feet 300 feet 25 feet 20 feet 20 feet 25 feet 45 feet Maximum Lot Coverage 40% Minimum Open Space 1.66 acres Page 2 of 6

3 3. Prior to local development order approval, the development order plans must delineate: a. a minimum of a 10-foot width between the finished lake shoreline and the pavement edge with no greater than a 3:1 sloping; and b. a finished lake shoreline with a 4:1 slope to create a littoral shelf along the entire length of the lake within the development boundaries; and c. a littoral planting plan with native herbaceous wetland plants calculated on one plant per linear foot of shoreline and installed in clusters; and d. a planting plan for the dry detention area that includes native wetland plants (minimum 1-gallon container size) providing a fifty percent coverage at time of installation. 4. Hours of operation are limited from 6:00 A.M. to 8:00 P.M. 5. The western border must include a 25-foot Type F buffer rather than the 25-foot Type E buffer without wall proposed on the master concept plan. Indigenous preservation is not required. A 15-foot strip is depicted on the master concept plan. The intent of the buffer is better addressed through meeting as much of the Type F required plantings as possible by relocating sabal palms onsite in a double staggered row. 6. A Type D planting equivalent must be provided along the lake perimeter from the southern most point and ending at the northern most portion of lake that is horizontal with and/or adjacent to the Bonita Beach Road right-of-way. The hedge rows must be installed at a minimum of 48" and maintained at 60". The trees must be canopy types such as oaks or slash pines or a combination. 7. Approval of this zoning request does not address mitigation of the project's vehicular or pedestrian traffic impacts. Additional conditions consistent with the Bonita Springs LDC may be required to obtain a local development order. 8. The Developer must comply with Lee County concurrency requirements (all conditions required by the Bonita Springs Comprehensive Plan and the Land Development Code) in order to obtain a development order. Page 3 of 6

4 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. In support of deviation 5 for the (1) Storage: Indoor only and (2) Warehouse: Mini-warehouse uses, the applicant must provide a minimum of one (1) parking space per 10,000 square feet of gross floor area. Should City Council make a determination, at a meeting where the current Owner of record is given notice that this parking is not meeting the operational requirements, the Owner must provide additional parking as provided on the Master Concept Plan and consistent with the Land Development Code for the use. At any time in the future, should the use of the property change from Storage: Indoor only and Warehouse: Miniwarehouse, off-street parking must comply with the Land Development Code. 11. If agreed to by the Developer and parties in Circuit Court Case No. 06-CA-2106 or the court determines that legal access must run through the Development to accommodate access for the adjacent property currently owned by the Martins (strap nos B and B ), then this Zoning Ordinance may be amended administratively without further public hearing for the purpose of a accommodating access. B. Deviations Deviation 1 is granted from 3-416(D)(6) requiring a solid wall or combination berm and solid wall not less than eight feet in height be constructed not less than 25 feet from the property line, to permit a wall 15 feet from the property line. Deviation 2 is granted from 3-416(D)(6) requiring a solid wall or combination berm and solid wall not less than 8 feet in height be constructed not less than 25 feet from the property line, to permit no wall or combination berm and wall along the eastern boundary occupied by a lake. Deviation 3 is granted from 3-416(D)(6) requiring a solid wall or combination berm and solid wall not less than 8 feet in height be constructed not less than 25 feet from the property line, to permit a 25-foot Type E buffer without wall or combination berm and wall, as conditioned in Condition 5. Page 4 of 6

5 Deviation 4 is granted from 3-329(E)(1)(A)(III) requiring a 50-foot setback to any private property line for a water retention setback, to permit a zero foot setback for the lake. Deviation 5 is granted from 3-710(B), to (3)(G) requiring one parking space per 25 storage units with a minimum of five spaces, to permit one parking space per 10,000 square feet of storage subject to condition 10. Deviation 6 was a request from (b) requiring a 25-foot building setback to a water body, to permit a 10-foot building setback for the southeast corner of the commercial building and was withdrawn. Deviation 7 is granted from 3-328(A) requiring a 20-foot wide lake maintenance access easement, to permit a 10-foot wide lake maintenance access easement at the southeast corner of the commercial building and was withdrawn. Deviation 8 is granted from 3-329(E)(1)(a)(ii) requiring a 50-foot setback to any existing collector or arterial street for a water retention excavation, to permit a 29-foot setback as measured from to the top of the bank for the existing lake. Findings and Conclusions: 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 rezone to CPD by demonstrating compliance with the Bonita Springs Comprehensive Plan, the Land Development Code, and other applicable codes and regulations. 2. The requested CPD zoning, as conditioned: 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. Page 5 of 6

6 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 mix of uses, as conditioned, are 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, as conditioned: 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 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 26 th day of June, AUTHENTICATION: Mayor City Clerk APPROVED AS TO FORM: City Attorney Vote: Arend AYE McCourt AYE Ferreira AYE Nelson AYE Grantt AYE Simons AYE Joyce AYE Page 6 of 6

7 Date filed with City Clerk: Page 7 of 6