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 LONG BAY PARTNERS, LLC, IN REFERENCE TO MEDITERRA RPD TO REZONE ACRES FROM RESIDENTIAL SINGLE FAMILY DISTRICTS (RS-2 AND RS-3) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD); ON LAND LOCATED AT 28313, 28355, & IMPERIAL STREET AND 11233, 11238, 11239, 11244, 11250, 11256, & MEADOW LANE, IN SO1-T48S-R25E, CITY OF BONITA SPRINGS, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Long Bay Partners, LLC, in reference to Mediterra RPD has filed an application for rezoning from Residential Single Family Districts (RS-2 and RS-3) to Residential Planned Development (RPD); and WHEREAS, the subject property is located at 28313, 28355, & IMPERIAL STREET AND 11233, 11238, 11239, 11244, 11250, 11256, & Meadow Lane, in S01-T48S-R25E, Bonita Springs, Florida, and is described more particularly as: See Exhibit "A", attached, describing the new property incorporated into the existing project and See Exhibit "B", attached, describing the revised perimeter boundary; WHEREAS, a Public Hearing was advertised and heard on October 5, 2001 by the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board of Appeals ( Zoning Board ) on Case No. DCI , who gave full consideration to the evidence available and recommended approval; 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 September 18, 2001 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 Residential Single Family Districts (RS-2 and RS-3) to Residential Planned Development (RPD); and adding 41.1 acres of land to the existing acres of the original Mediterra planned development with the following conditions and deviations: Conditions 1

2 1. Development must be consistent with the Sheet 1 of 3 of the Master Concept Plan (MCP) entitled "Mediterra RPD," Exhibit IV-F, stamped received on JUL 05, 2001, and Sheets 2 and 3 of 3 stamped received on MAR 09, 2001, except as modified by the conditions below. Development must comply with the Land Development Code (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 MCP are subsequently pursued, appropriate approvals will be necessary. 2. The following limits apply to the project and uses: a. SCHEDULE OF USES Residential - R Areas ACCESSORY USES AND STRUCTURES (LDC et seq., et seq., , and et seq.) ADMINISTRATIVE OFFICES DWELLING UNIT: Single-Family Duplex Multiple-Family building Patio Home (as defined on Page 3 of the MCP) Two-Family attached Townhouse Zero Lot Line ENTRANCE GATES AND GATEHOUSE (LDC et seq.) ESSENTIAL SERVICES (LDC et seq., and et seq.) ESSENTIAL SERVICE FACILITIES [LDC (c)(13)]: Group I (LDC et seq., et seq., and et seq.) EXCAVATION: Water retention (LDC ) FENCES, WALLS (LDC ) GUEST HOUSE [Limited to one per lot or parcel that contains no less than one (1) acre] HOME OCCUPATION (LDC et seq.) REAL ESTATE SALES OFFICE, (LDC et seq.) (Limited to sales of lots, homes or units within the development, except as may be permitted in et seq. The location of, and approval for, the real estate sales office will be valid for a period of time not exceeding five years from the date the Certificate of Occupancy for the sales office is issued. The Director may grant one two-year extension at the same location.) 2

3 RECREATIONAL FACILITIES: Personal Private, On-Site SIGNS, in accordance with Deviation (6) TEMPORARY USES (limited to temporary contractor s office and equipment storage shed in accordance with LDC et seq.) Recreation, Open Space, Golf Course, Park, Easements, and Buffers - Area RO ACCESSORY USES AND STRUCTURES (LDC et seq., et seq., , and et seq.) ADMINISTRATIVE OFFICES CLUBS: Country Private (LDC ) CONSUMPTION ON PREMISES (LDC et seq.) [Limited to uses and activities of the golf course/country Club including a golf course mobile snack cart, snack bar and restaurant. Outdoor service of alcoholic beverages is permitted in conjunction with the mobile snack cart (beer and wine only), snack bar and restaurant.] No outdoor seating has been granted as part of this use. ENTRANCE GATES AND GATEHOUSES ESSENTIAL SERVICES (LDC et seq., and et seq.) ESSENTIAL SERVICE FACILITIES [LDC (c)(13)]: Group I (LDC et seq., et seq., and et seq.) EXCAVATION: Water retention (LDC ) FENCES, WALLS (LDC ) GOLF COURSE GOLF CLUBHOUSE(S) and uses normally accessory thereto GOLF COURSE MAINTENANCE FACILITY GOLF DRIVING RANGE PARKS, PRIVATE, GROUP I PLANT NURSERY (LDC ) (further limited to the growing and keeping of plants for use within this planned development only) REAL ESTATE SALES OFFICE - Limited to sales of lots, homes, or units within the development, except as may be permitted in , et seq. The location of, and approval for, the real estate sales office will be valid for a period of time not exceeding five years from the date the certificate of 3

4 occupancy for the sale office is issued. The director may grant one two-year extension at the same location. RECREATIONAL FACILITIES: Private, On-Site SIGNS, in accordance with Chapter 30 and Deviation (6) TEMPORARY USES (limited to equipment storage shed per LDC et seq.) THE FOLLOWING USES ARE ALLOWED AS ACCESSORY USES TO THE GOLF COURSE CLUBHOUSE: PERSONAL SERVICES [LDC (c)(33)]: Groups I & II SPECIALTY RETAIL SHOPS [LDC (c)(47)]: Groups I & II RESTAURANTS [LDC (c)(43)]: Groups I, II & III No outdoor seating has been granted as part of this use. Preserve - Area P including: ACCESSORY STRUCTURES, to include any building, structure, or impervious surface area including bikeways which is accessory to a use permitted by right in this category. ESSENTIAL SERVICES HIKING AND NATURE STUDY, including pedestrian boardwalks, hiking trails OUTDOOR EDUCATION RECREATION ACTIVITIES, OUTDOOR ONLY, to include golf cart boardwalks, paths and passive recreation and that active recreation requiring little or no facilities, capital investment or alteration of the natural landscape. SIGNS, in accordance with Deviation (6) b. SITE DEVELOPMENT REGULATIONS Development of the site must be in accordance with the Property Development Regulations set forth on the MCP (Exhibit D ), except for the side yard separation and building separation requirement for the two-family duplex unit. This unit must have a minimum 6-foot side yard and a minimum building separation of 15 feet. The maximum height for all structures and buildings is limited to 35 feet. 3. Prior to vertical development, the Department of Community Development must first grant final plan approval in accordance with the procedures described on the approved MCP. The final location of the access point into the project from Imperial Street/Livingston 4

5 Road must be set by final plan approval upon completion of the road access management plan. The second to last paragraph of the Mediterra Final Plan Review Procedures found on Page 2 of 3 of the approved MCP has no force or effect as part of this zoning action. Applications, fees, and the timing of the review of this administrative procedure will be governed by City of Bonita Springs regulations and administrative procedures in effect at the time of application. If no regulations are adopted and in effect at the time of the application, Staff will follow the sufficiency review process established in LDC , which gives 15 calendar days to review an application for sufficiency, and then will have 15 calendar days to render a recommendation/decision after finding the application sufficient. Unless specified otherwise in the LDC, the 15-day review period commences the day following the date of filing of the application and payment of application fee. 4. Prior to local development order approval in the palmetto prairie vegetative community (FLUCCS 321) located in the central portion of the northeast portion of the site, the developer must survey for gopher tortoises in accordance with LDC The survey report must be provided to the Division of Planning, Environmental Sciences, for review and approval. 5. Prior to local development order approval, the developer must delineate the upland preserve where gopher tortoises will be moved on the development order plans for Division of Planning/Environmental Sciences staff review and approval. This upland preserve must contain appropriate gopher tortoise habitat. Prior to issuance of a vegetation removal permit, the developer must submit a copy of the gopher tortoise incidental take permit and receipt issued by the Florida Fish & Wildlife Conservation Commission (FWC) to the Division of Planning/Environmental Sciences staff. All gopher tortoises and commensual species must be moved out of harms way into the upland preserve. The preserve must be fenced with gopher tortoise fencing to protect the tortoises during construction. 6. Prior to local development order approval in areas where there is potential for human/alligator interaction (areas abutting wetlands and lakes), the wording and location of signs to prevent the harassment or feeding of alligators must be delineated on the 5

6 development order plans for Division of Planning/Environmental Sciences staff review and approval. 7. The open space table shown on the MCP counter stamped August 2, 1999 is hereby adopted with the condition each tract must provide a minimum 10 percent open space. 8. Hurricane Mitigation a. The developer must establish a homeowners or residents association. The association must provide an educational program on an annual basis, in conjunction with the staff of Emergency Management, which will provide literature, brochures and speakers for Hurricane Awareness/Preparedness Seminars, describing the risks of natural hazards. The intent of this recommendation is to provide a mechanism to educate residents concerning the actions they should take to mitigate the dangers inherent in these hazards. b. The developer must formulate an emergency hurricane notification and evacuation plan for the development. This plan is subject to review and approval by the Lee County Office of Emergency Management (OEM). c. In accordance with City of Bonita Springs Ordinance No , the Hurricane Preparedness Ordinance, the Developer must cooperate with the Division of Public Safety/Emergency Management in determining and participating in a means to lessen those impacts on the County s hurricane preparedness process and public safety. These means could include the provision of equipment, monies in lieu of equipment, individual shelter areas (i.e., safe rooms in residences), or such other goods, materials or actions deemed appropriate by Emergency Management that results in the provision of additional shelters, or improvement of roads for use as additional evacuation routes. The choice of means will rest with the Developer, so long as the choice adequately mitigates the adverse impacts. 9. The final access onto Livingston Road/Imperial Street is as shown on the MCP. 10. The minimum planting requirements for the areas of the MCP depicted as a 25-foot-wide buffer along the north, east and west 6

7 perimeters of the site will be in accordance with the Type B buffer requirements set forth in LDC (d)(4). 11. Approval of this zoning request does not address mitigation of the project's vehicular or pedestrian traffic impacts. Additional conditions consistent with the City of Bonita Springs LDC will be required to obtain a local development order. Further, the Developer will ensure that the perimeter landscaping will be uniform throughout both jurisdictions. 12. 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 Allocations Table, Map 16 and Table 1(b). 13. Prior to local development order approval for parcels that contain preserve areas, the developer must provide details concerning proposed uses that may affect existing indigenous vegetation communities. Proposed uses must be designed so as not to jeopardize the overall health of the indigenous vegetation community. Except for mitigation activities required by the SFWMD and ACOE permits, proposed uses in preserve areas are subject to Division of Planning, Environmental Sciences Staff review and approval. 14. Cross Jurisdictional Issues Consistent with Goal 13 of the Comprehensive Plan, there has been ongoing coordination between Lee and Collier Counties to address development issues on subdivisions located in both counties. The following is a synopsis of the agreements reached between the counties: a. ADDRESSING 1. The main entrance for Mediterra is located within Collier County and therefore the entire project will be delivered by the Naples Post Office. 2. Collier County and Lee County representatives have agreed to work cooperatively to ensure consistent street names and addressing. b. EMERGENCY MANAGEMENT SERVICES 7

8 Fire suppression, law enforcement and emergency medical services will be the responsibility of the county entity having jurisdiction on a particular parcel. c. UTILITIES The utilities for Mediterra will be submitted for review and approval to the appropriate utility company that has jurisdiction over the subdivision improvements and/or golf course. d. DEVELOPMENT REVIEW PROCESS The development review process will be performed in accordance with the Collier County Land Development Code and the City of Bonita Springs Land Development Code. For subdivision improvements and golf courses that are located within both counties, the following will apply: (a) For the portion of the subdivision improvements and golf course located within Collier County, the development plans and plats will be submitted to Collier County for review and approval. Likewise, for the portion of the same subdivision improvements and golf course located within City of Bonita Springs, the development plans and plats will be submitted for review and approval. (b) All required submittals for the review process of each county will be submitted to each county unless approval has been received from the Development Review Director from Collier County or the Development Services Director for Lee County to assign the requirement or to allow the other county to have jurisdiction over the review process. (c) Approval of subdivision improvements and golf course improvements within the jurisdiction of one county will not be contingent upon review and approval of the county not having jurisdiction over the improvements. 15. There are three platted lots from an earlier subdivision located within the Mediterra RPD. The platted lots are inconsistent with the adopted Master Concept Plan approved by this zoning ordinance. No development order for vertical construction will be issued for any phase of development where these platted lots are located until 8

9 Deviations: the property is replatted consistent with the approved Master Concept Plan, or a vacation of the lots has been approved by City Council Deviation 1 is approved, providing relief from the LDC , Table 4(7)(c) requirement to provide that wearing surfaces for local and access road for Class A development must be 1½ inch asphaltic concrete of Florida Department of Transportation Type S-III, to allow for decorative pavers within the roadways, LIMITED to private streets, provided the structural number of the alternative street cross-section is equivalent to the structural number of a standard flexible pavement cross-section. Alternative wearing surfaces are not permitted on county-maintained rights-of-way. Deviation 2 is approved, providing relief from the LDC (e)(1)a., which requires minimum lake (excavation) setbacks from road rights-ofway or easements, to allow: a. setbacks for excavations measured from edge of pavement or back of curb to edge of water control elevation; and b. a 25-foot lake setback measured from the back of curb to edge of water control elevation on private local streets; and c. a zero-foot setback from back of curb to edge of water control elevation where the developer provides adequate elements for the protection of wayward vehicles. PROVIDED the technical design of the excavation location, engineering report and vehicle barrier is reviewed and approved by the Director of Development Services during the local development order process. Deviation 3 is approved, providing relief from LDC (d)(1) and (a)(5) requirements to provide that no portion of a buffer area consisting of trees and shrubs be located in an easement, to allow planted buffers in easements, PROVIDED that the specific locations of this requested deviation is shown on the plan for final plan approval. If any required buffer of landscape strip plantings installed within easements must be removed, then the developer or homeowners association must replace these plantings with like size and species at no expense to the City of Bonita Springs. This requirement must be clearly stated in the recorded Covenants and Restrictions and notice provided to each purchaser. 9

10 Deviation 4 is approved, providing relief from LDC (d)(4) which prohibits landscaping within rights-of-way, to allow landscaping to be located within rights-of-way where the widths of the rights-of-way exceed the minimum requirements of this resolution by a minimum of 10 feet, PROVIDED the right-of-way width exceeds the requirements of the LDC by at least 10 feet. This must be established as part of the final plan approval process and will be subject to review and approval by the Lee County Department of Transportation concerning, but not limited to, maintenance and compliance with clear zones. Deviation 5 is approved, providing relief from LDC which requires the design standards for stormwater ponds and techniques to mimic the function of natural systems in stormwater management ponds, to allow the redistribution of the lake littoral planting requirements, PROVIDED the lake littoral planting requirements per LDC (Stormwater Ponds) are met on the overall development site with each lake containing, at a minimum, 50% of the normal LDC requirement. Additionally, the developer will incorporate mitigation and enhancement into the Mediterra preserves including: creation of freshwater marshes, restoration (exotic plant eradication and replanting with appropriate native species) within wetland and upland preserves, improvements of wetland hydroperiods, and the incorporation and enhancement of upland buffers along portions of the preserved wetland systems. Lake areas that interconnect with preserved or created wetlands will contain shallow vegetated littoral shelves of varying topography to provide additional habitat for wading birds and other species. Deviation 6 is approved, providing relief from LDC Chapter 30 to allow adoption for the Mediterra RPD Sign Package, PROVIDED the developer obtains approval of the detailed plans for signs to be used in each phase through the final plan approval process. Review and approval of the signs will be based on the Director s finding that the proposed signs are consistent with the Sign Package, the LDC, and the sign is not found to adversely impact the public s life, health, or safety. Each sign can be filed in a separate final plan approval submittal from the development pod. Signs meeting the LDC and signs that do not require permits are exempt from this condition. SECTION TWO: EFFECTIVE DATE This ordinance shall take effect thirty (30) days from the date of adoption. 10

11 DULY PASSED AND ENACTED by the Council of the City of Bonita Springs, Lee County, Florida, this 26 th day of November, AUTHENTICATION: Mayor Paul Pass City Clerk APPROVED AS TO FORM: City Attorney Vote: Arend Abstain Piper Aye Edsall Aye Wagner Aye Nelson Absent Warfield Aye Pass Aye Date filed with City Clerk: 11