CITY OF BONITA SPRINGS ZONING ORDINANCE NO A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA;

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1 PARKLANDS; AMENDING CONDITION FOUR AND ADDING A DEVIATION; AMENDING ZONING ORDINANCE NO , PALMIRA RPD/CPD F/K/A A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; u:\city Attorney\Zoning Ordinances\ Palmira RPD CPD 11 BOS-PD00004.doc Page 1 of 12 Muller, AICP, dated July, 02, and stamped received at the zoning Master Concept Plan entitled Parklands, prepared by Gary F. 1. The development of this project must be consistent with the one page A. CONDITIONS condition 4 and adding the following deviation: family residential uses prior to the permitted commercial floor area, amending 03 (Palmira RPD/CPD fka Parklands) to allow for the construction of multi City Council of Bonita Springs hereby amends Zoning Ordinance No. 03- SECTION ONE: APPROVAL OF REQUEST Bonita Springs, Lee County, Florida: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of recommended approval (5-0, Mathes absent); and gave full and complete documents on file with the City and the testimony of all interested parties. The evidence submitted at the Zoning Board hearing is on file with the City Clerk. PD00004 who gave full consideration to the evidence available and Adjustments and Zoning Board of Appeals ( Zoning Board ) on Case 11BOS- consideration of the record, consisting of the Staff Recommendation, the October 4, 2011 Staff Report prepared by Community Development and 2011 by the City of Bonita Springs Board for Land Use Hearings and WHEREAS, a Public Hearing was advertised and heard on October 18, See Exhibit Beach Road and east of Palmira Blvd., Bonita Springs, FL , Bonita Springs, Florida, and is described more particularly as: WHEREAS, the subject property is located he Palmira CPD south of Bonita No which requires: WHEREAS, Palmira RPD/CPD f/k/a Parklands to amend Zoning Ordinance AND EAST OF PALMIRA BLVD., BONITA SPRINGS, FL 34135, ON 20+/ USES PRIOR TO THE PERMITTED COMMERCIAL FLOOR AREA ON LAND ACRES; PROVIDING FOR AN EFFECTIVE DATE. TO ALLOW FOR THE CONSTRUCTION OF MULTI-FAMILY RESIDENTIAL LOCATED WITHIN THE PALMIRA CPD SOUTH OF BONITA BEACH ROAD ZONING ORDINANCE NO CITY OF BONITA SPRINGS

2 Development Order Approval, except as may be granted by Master Concept Plan are subsequently pursued, appropriate approvals will be necessary. deviation as part of this planned development. If changes to the City of Bonita Springs Land Development Code at time of local U:\Cty Attorney\Zoning Ordinances\ Palmira RPD CPD 11 BOS-PD00004doc Page 2 of 12 Consumption on premises in compliance with LDC Section compliance with LDC Section Specialty retail shops limited to golf and tennis pro shop Section Residential Accessory Uses Signs, in compliance with LDC Chapter 6 Food and beverage service, limited, including outdoor Day care center, adult, child Clubs, Country and Private (Limited to REC tract) Parking lot, accessory Health Club and spa Accessory uses and structures seating in Townhouse Entrance Gate and Gatehouse, in compliance with LDC Essential Services Essential Service Facilities, Group I Recreation Facilities, Personal and Private on-site Temporary uses (LDC Section ) Temp Real Estate office, subject to Condition # 11 Two Family attached Duplex Single Family Zero Lot Line Excavation, water retention Home occupation Fences, walls Dwelling Unit: Multiple Family Building Golf Course Model Home, Model Unit RPD a. Schedule of Uses 2. The following limits apply to the project and uses: below. This development must comply with all requirements of the counter on August 7, 2002, except as modified by the conditions

3 Animal clinic (no outside runs) Administrative Offices Accessory uses and structures u:\city Attorney\Zoning Ordinances\ PaPmira RPD CPD 11 BOS-PD00004.doc Page 3 of 12 Maximum Building Height 35 feet / 2 stories Lot Width 50 feet Lot Depth 100 feet Lot Area 5,000 square feet Minimum Lot Size: Single Family Detached b. Site Development Regulations Essential Services Essential Service Facilities, Group I Place of Worship Package Store Drive through facility, limited to pharmacy and bank uses only Dwelling Unit: Multiple Family Building (Subject to Condition # 4) Day care center, adult, child 1264 Health Care Facilities, Group Ill Consumption on premises in compliance with [DC Section 4- Clothing stores, general Medical office Business services, Groups I and II Fences, walls Personal Services, Groups I, II and IV Pet shop Pharmacy Banks and financial establishments, Group I Signs, in compliance with LDC Chapter 6 Specialty retail shops, Groups I and II Studios Temporary uses (LDC Section ) Storage, indoor Restaurants, Groups I, Il and Ill Clubs, commercial and private Excavation, water retention Food Store, Group I Parking lot, accessory Real Estate Sales Office Laundry and Dry Cleaning, Group I ATM (automatic teller machine) CPD

4 Street, public Street, private * ** 25 feet 20 feet U:\cityAttorney\Zoning Ordinances\11-07 Pamira RPD CPD 11BOS-PD00004.doc Page 4 of 12 Side (principal, accessory) Street, public Street, private * ** Rear ( non street) 10 feet (5 feet for accessory Side (interior) 0 feet 20 feet 25 feet Maximum Building Height Maximum Lot Coverage Lot Width Per Unit Lot Depth Lot Area Per Unit 26 feet 65 % 35 feet / 2 stories 2,600 square feet 100 feet Minimum Lot Size: Two-Family Attached 10 feet (5 feet for accessory 5 feet 20 feet 20 feet (10 feet for accessory 25 feet Maximum Building Height Maximum Lot Coverage Lot Area 6,000 square feet Lot Width Lot Depth 100 feet 35 feet / 2 stories 60 feet 60% Minimum Lot Size: Duplex Waterbody 20 feet (10 feet for accessory Rear (non street) 10 feet (5 feet for accessory Side (principal, accessory) 2 feet 5 feet Waterbody Rear Side (principal, accessory) Front (street, public) Front (street, private) Maximum Lot Coverage 60%

5 Lot Width Minimum Lot Size: Zero Lot Line 50 feet U.\Cty Attorney\Zoning Ordinances\ Palmira RPD CPD 11 BOS-PD00004.doc Page 5 of 12 Maximum Lot Coverage 45% Lot Width Lot Depth Lot Area 10,000 square feet 100 feet 100 feet Minimum Lot Size: Multiple Family Building Waterbody Side (principal, accessory) Side (interior) Rear 20 feet Front (street, public) Front (street, private) 25 feet 20 feet 20 feet (5 feet for accessory 20 feet (10 feet for accessory 7 feet 0 feet Maximum Building Height: Maximum Lot Coverage: 45 feet / 3 stories 45% Lot Depth: Lot Width Per Unit: Lot Area Per Unit: 3,500 square feet 35 feet 100 feet Minimum Lot Size: Townhouse Rear Side (principal, accessory) Side (interior) Waterbody 20 feet (10 feet for accessory 10 feet (5 feet for accessory 0 feet 10 feet Front (street, public) Front (street, private) 25 feet 20 feet Maximum Building Height Maximum Lot Coverage 35 feet / 2 stories Lot Depth Lot Area 5,000 feet 100 feet 60% Waterbody 20 feet (10 feet for accessory

6 Side (principal, accessory) 10 feet Front (street, public) 25 feet Front (street, private) 20 feet U:\City Attorney\Zoning Ordinances\ Palmira RPD CPD 11 BOS-PD00004.doc Page 6 of Prior to local development order approval: Subject to Condition 3(e) below 15 feet for side entry garages product in Area B ** 1 5 feet for principal structure associated with Neo-Traditional Area B * 7.5 feet for porches associated with Neo-Traditional product in Maximum Building Height: 45 feet / 3 stories Minimum Building Separation: 20 feet structure ) Rear 20 feet (10 ft for accessory Water body 20 feet (10 ft for accessory Side (principal, accessory) 10 feet Front (Bonita Beach Rd.) 25 feet Front (street) 20 feet Maximum Lot Coverage 45% Lot Depth 100 feet Lot Area 10,000 square feet Lot Width 100 feet Minimum Lot Size: Commercial Planned Development Maximum Building Height: 45 feet / 3 stories Minimum Building Separation: 20 feet Water body 20 feet (10 feet for accessory Rear 20 feet (5 feet for accessory

7 b) The commercial tracts must provide 30% open space overall; c) Each tract must provide a minimum of 10% open space; private open space when units have direct ground floor access, U:\City Attorney\Zonng Ordnances\ Palmira RPD CPD 11 BOS-PD00004.doc Page 7 of 12 may be converted to single-family units at a rate of 156 square feet units and up to 120,000 square feet of retail my be converted to hour net new trip generation does not exceed 1,217 net new trips single family dwelling units so long as the cumulative p.m. peak per single-family unit. Further, up to 1,290 multi-family dwelling of 2.0 multi-family units per single-family unit and retail square feet 7. Multi-family units may be converted to single-family units at a rate Parklands Development of Regional Impact (DRI). road in conjunction with a Notice of Proposed Change for the Collier County is contingent upon approval of the elimination of this property and the Collier County portion of Parklands and extending from Bonita Beach Road, south through the subject intersecting with the planned extension of Logan Boulevard in 6. The elimination of the proposed north/south collector road the local development order review process. necessary deviations associated with the proposed design during Traditional product in Area B are contingent upon approval of the 5. The reduced street setbacks associated with the proposed Neo floor area in accordance with the approved Schedule of Uses. residential uses is permitted prior to the construction of commercial feet of commercial floor area. Construction of multi-family subsequent to, the development of a minimum of 50,000 square portion of this project is only permitted concurrently with, or 4. The Development of multiple family dwelling units in the CPD delineated on the landscape plan or open space plan. exceed 45%. Prior to local development order approval, the square feet or greater or two family attached units on lots e) Any residential tracts providing single family units on lots 6,500 common space as long as the individual lot coverage s do not residential tracts with a maximum of 45% lot coverage must be 3,7500 square feet or greater are not required to provide any open space is being provided with each development order. d) An open space table must be included tracking how the required which 30% must be common open space and 10% may be a) The residential tracts must provide 40% overall open space of

8 Deviation: and such that the number of dwelling units does not exceed 1,290. Multi-family units and retail floor area may only be converted to single family dwelling units. No conversions may occur from single family dwelling units to either multi-family units or retail floor area. Approval of the proposed conversion ratios for this planned development is subject to approval of the same conversion table as part of the pending DRI amendment in case # DRI Approval of this zoning request does not address mitigation of the project s local vehicular or pedestrian traffic impacts. Additional conditions consistent with the Bonita Springs [DC may be required to obtain a local development order. 9. Approval of this rezoning does not guarantee local development order approval. Future development order approvals must satisfy the requirements of the City of 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 Comprehensive Plan provisions. 10. This development must comply with all of the requirements of the Bonita Springs [DC at the time of local development order approval, except as may be granted by deviations approved as part of this planned development. 11. Temporary Real Estate Office(s) may be permitted in the RPD, subject to the locations designated on the Master Concept Plan, for a period of five (5) years, which may be extended for two (2) additional periods of two (2) years, by administrative amendment. Deviation one is requested from LDC Sec (e)(3), which permits multiple-family buildings as an ancillary use to commercial uses, to allow for the development of multi-family dwelling units within the CPD district prior to construction of commercial floor area. Findings and Conclusions: Based upon an analysis of the application and the standards for approval of planned development amendments, City Council makes the following findings and conclusions: Page 8 of 12 U:\CityAttorney\Zoning Ordinances\11-07 Pamira RPD CPD 11BOS-PD00004.doc

9 1. The applicant has proven entitlement to amend the Palmira RPD/CPD by demonstrating compliance with the City of Bonita Springs Comprehensive Plan, the City of Bonita Springs Land Development Code, and other applicable codes and regulations. 2. The requested amendment 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 City of 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 City of Bonita Springs Comprehensive Plan are, or will be, available and adequate to serve the proposed land use. 5. The proposed use or mix of uses 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. SECTION TWO: EFFECTIVE DATE This ordinance shall take effect thirty (30) days from the date of adoption. Page 9 of 12 U:\CityAttorney\Zoning Ordinances\11-07 PaImra RPD CPD 11BOS-PD00004.doc

10 this 14 1h day of November, DULY P ENACTED by the Council of the City of Bonita U:\City Attorney\Zoning Ordinances\ Palmira RPD CPD 11 BOS-PD00004.doc Page 10 of 12 Date filed with City Clerk: ///-/ Slachta Aye Martin Absent Lonkart Aye Nelson Aye Spear Aye Mcintosh Aye Simons Aye Vote: Gity Attorney APPROVED AS TO FORM: -Th / L_- / J Mayor

11 FXlI1BIT At LEGAL DESCRIPTION OF TIlE REAL PROPERTY A portion of Parcel 14 of Parkiands Lec, accoi-ding to the plat thereof recorded in Plat Book 79, Pages 84 through 98 of the Public Records of Lee County, Florida, being more particularly described as follows: Begin at the Northwesterly corner of Parcel 14 of Parkiands Lee, according to the plat thereof recorded in Plat Book 79 at Pages 84 through 98 of the Public Records of Lee County, Florida; thence N F, along the boundary of said Parcel 14, a distance of feet; thence S F, a distance of feet; thence S W, a distance of feet to apoint oil the boundary of said Parcel 14: thence N W, along the boundary of said Parcel 14, a distance of feet to the Point of Beginning. AND Commence at the Northwesterly corner of Parcel 14 of Parkiands Lee, according to the plat thereof as recorded in Plat Book 79 at Pages 84 through 98, of the Public Records of Lee County, Florida; thence N F, along the boundary of said Parcel 14, a distance of feet to the point of beginning of the parcel of land herein described; thence S E, a distance of feet to tile point of curvature of a curve to tile left having a radius of feet, a central angle of , a chord bearing of S E, and a chord length of feet; thence along the arc of said curve an arc length of feet to the point of reverse curvature of a curve to tile right, having a radius of feet, a central angle of a chord bearing of S E, and a chord length of feet; thence along tile arc of said curve an arc iength of feet to tile end of said curve; thence S F, a distance of feet to the point of curvature of a curve to the left having a radius of feet, a central angle of , a chord hearing o[ S F and a chord length of 5233 feet; thence along the arc of said curve an arc iength of feet to the point of compound curvature of a curve to tile left, having a radius of feet, a central angle of a chord bearing of N E, and a chord length of feet: thence along the arc of said curve an arc length of feet to a point on tile boundary of said Parcel 14, tile same being a point of reverse curvature of a curve to the right, having a radius of feet, a central angie of j , a chord hearing of N E and a chord length of feet; thence along the boundary of said parcel 14 and along the arc of said curve, an arc length of feet to the end of said curve: thence N F, along the boundary of said Parcel 14, a distance 0( feet to tile point ofciirvature of a curve to the left a radius of feet, a central angle of 39 a chord bearing of N :, and a chord length of Iiet; thence along the boundary of said Parcel 14 and along tile arc of said curve, an arc length of feet to the point haing 4140, Page 11 of 12 U:\CityAttorney\Zoning Ordinances\11-07 Palmira RPD CPD 11BOS-PD00004.doc

12 radius of43.00 feet a central angle of , a chord bearing of N W, Parcel 14. a distance of feet to the point of curvature of a curve to the left having a of feet to the end of said curve; thence N W. along the boundary of said Utity AttomeyZoning OrdinancesU 1-07 Palmira RPD CPD 11 BOS-PD00004.doc Page 12 of 12 arc of said curve, an arc length of feel to the end of said curve: thence S W, and a chord length of feet; thence along the boundary of said Parcel 14 and along the along the boundary of said Parcel 14, a distance ofb24.87 feet 10 the point ofbeginning. thence along the boundary of said Parcel 14 and along the arc of said curve, an arc length of reverse curvature of a curve to the right, having a radius of feet, a central angle of , a chord bearing of N 06 I) 53 W. and a chord length of feet;