CITY OF BONITA SPRINGS ZONING ORDINANCE NO. 04-16 A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; APPROVING A REQUEST BY CUSSON S CPD TO REZONE FROM AGRICULTURE (AG-2) AND COMMERCIAL PLANNED DEVELOPMENT (CPD) TO COMMERCIAL PLANNED DEVELOPMENT (CPD); TO ALLOW USES TO INCLUDE, BUT NOT LIMITED TO RV SALES AND STORAGE, MINI- WAREHOUSE, VEHICLE DEALER, AND FAST FOOD RESTAURANT ON LAND LOCATED AT 25271 AND 25211 OLD 41 ROAD, BONITA SPRINGS, FLORIDA, (STRAP NOS. 22-47-25-B1-00002.401A AND 22-47-25-B1-00002.4010), ON 10 +/- ACRES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cusson s CPD has filed an application for Request to rezone approximately 10+/- acres from Agriculture (AG-2) and Commercial Planned Development (CPD) to Commercial Planned Development (CPD) to allow uses to include, but not limited to, RV Sales and Storage, Mini-Warehouse, Vehicle Dealer, and Fast Food Restaurant; WHEREAS, the subject property is located at 25271 and 25211 Old 41 Road, Bonita Springs, Florida, and is described more particularly as: See Exhibit A WHEREAS, a Public Hearing was advertised and heard on October 1, 2004 by the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board of Appeals ( Zoning Board ) on Case DCI 2004-00003 who gave full consideration to the evidence available and recommended approval (4-0); 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 September 22, 2004 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 rezoning from Agriculture (AG-2) and Commercial Planned Development (CPD) to Commercial Planned Development (CPD) with the following conditions: 1. The development of this project must be consistent with the 4-page Master Concept Plan entitled "Cusson s CPD," prepared by Q. Grady Minor and PAGE 1 OF 7
Associates, P.A. stamped received on September 15, 2004 by the Permit Counter, except as modified by the conditions below. This development must comply with all requirements of the City of 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 are the permitted uses within each of the proposed development areas for this planned development a. Schedule of Uses for Development Area A b. Development Area B Accessory uses and structures Administrative offices Banks and financial establishments: Groups I & II Business services: Group I Excavation, water retention Essential services Essential service facilities: Group I Insurance companies Library Medical office Parking lot: accessory Personal services: Group I, II, & III Real Estate Sales Office Signs in accordance with Chapter 30 Storage: indoor Warehouse: mini-warehouse Any use in Development Area A Animals: clinic, kennel (indoor only) ATM (automatic teller machine) Auto parts store Auto repair and service: Groups I & II Bait and tackle shop Boat: Parts Store, Repair and Service Broadcast studio, commercial radio and television Car Wash (only as an accessory use to the Existing facility) Caretaker s residence (two existing only) Cleaning and maintenance services Clothing stores, general (34-622(C)(8)) Clubs: commercial, fraternal, membership organization PAGE 2 OF 7
Communication facility, wireless (in compliance with Section 34-1441 et al of the City of Bonita Springs LDC) Contractors and builders: Groups I & II Cultural facilities (34-622(C)(10)) Day care center, adult Department store Drive-through facility (subject to Administrative Amendment Approval) Drugstore, pharmacy (drive through subject to Administrative Amendment Approval) Emergency operations center EMS, Fire, or Sheriff s Station Entrance Gates and Gatehouses Excavation, water retention Factory outlets Food and Beverage Services, Limited Food stores: Group I, Group II Gift and souvenir shop Government maintenance facility Hardware store Health care facilities: Group III Hobby, toy, and game shops Household and office furnishings: Groups I, II,III Laundry and dry cleaning: Group I Lawn and garden supply store Manufacturing of: measuring, analyzing and controlling instruments (in accordance with 34-622(C)(28)) Mobile Home Dealers Motion picture production studio Non-store retailers: All Groups (34-622(c)(30)) Novelties, Jewelry, Toys, and Signs: All groups (34-622(C)(29)) Package store Paint, glass and wallpaper Parking lot: accessory Personal services: Groups I, II, III & IV Pet services Pet shop Plant Nursery (limited to the keeping of plants for sale or Resale growing of plants is excluded) Post office Printing and publishing (34-622(c)(36)) Processing and Warehousing Religious facilities (not within 200-feet of residentially used property) PAGE 3 OF 7
Rental or leasing establishments: Groups I, II, III limited to RV Rental Repair shops: Groups I, II, & III Research and development laboratories: Groups II & IV Restaurant, fast food (To be located within a Multi-Use building, drive through subject to Administrative Amendment Approval) Restaurants: Groups I, II, & III Retail and wholesale sales (permitted only when incidental and subordinate to a permitted principal use on the same premises) Signs in accordance with Chapter 30 Social services: Groups I & II Specialty retail shops: Groups I, II, III & IV Storage: indoor, open Studios Temporary uses Used merchandise stores: Groups I & II Variety store Vehicle and equipment dealers: Group II, IV Wholesale Establishments Site Development Regulations Minimum Lot Area: 10,000 Square-Feet Minimum Lot Width: 100 Feet Minimum Lot Depth: 100 Feet Minimum Setbacks: Street: 25 Feet Side: 10 Feet Rear: 41 Feet Minimum Building Separation: 15 Feet Maximum Building Height: 35 Feet Maximum Lot Coverage: 40% Minimum Open Space 30% Maximum Commercial Square-footage: 126,600 square-feet 3. (a) Prior to local development order approval, the development order plans must indicate that all existing native trees will be preserved within the perimeter buffer areas. Only hand removal of invasive exotics will be allowed within the buffer area unless other means are field approved by the Division of Environmental Sciences staff. (b) Prior to local development order approval, the development order plans must delineate the building perimeter planting areas equivalent to 10% of the ground floor square footage of all commercial buildings PAGE 4 OF 7
proposed or existing onsite. These planting areas may be moved to the perimeter of the property for storage buildings only. All other commercial buildings must provide for perimeter plantings as required in Section 10-416(b) of the City of Bonita Springs Land Development Code. Existing native vegetation may be utilized to meet the planting requirements. Building perimeter plantings must be included adjacent to or near the existing commercial building to the maximum extent possible. 4. 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 may be required to obtain a local development order. 5. The Restaurant, Fast Food and Drugstore, Pharmacy uses are permitted only when located internal to a multiple use complex, but may not be located within stand-alone buildings for that sole use. Drive-through facilities are not permitted for said uses are permitted subject to the Administrative Amendment Approval process. 6. If at the time of Local Development Order Approval, the property to the south of the subject property has been developed with commercial uses, as allowed in the City of Bonita Springs Zoning Ordinance No. 03-18, then Development Area A will be permitted the uses allowed in both Development Area A and Development Area B. If the property to the south of the subject property is undeveloped or developed with the residential uses, as allowed for in Zoning Ordinance No. 03-18, then only the uses as allowed in the Schedule of Uses for Development Area A will be permitted. 7. Vegetative materials for land clearing may not be burned on-site. Any vegetation that must be removed for purposes of development must be disposed of in a properly licensed and permitted disposal site. This condition will not prohibit open burns for bona-fide agriculture provided that all conditions are met under state law and Developer provide written notice to both the City of Bonita Springs and local residents (those living within 1,000 feet of the location of the burn). 8. No blasting activities are permitted as part of this planned development. 9. Accessory uses must be located on the same tract, parcel or outparcel where a principal use is located. Accessory uses must be incidental and subordinate to the principal use of the tract, parcel or outparcel. PAGE 5 OF 7
B. Deviations 1. Deviation from building perimeter plantings as outlined in Section 10-416(b) of the Land Development code, to allow no building perimeter plantings. Staff recommends approval of this deviation, limited to storage buildings only as outlined in condition 3.b. of this staff report. 2. Deviation from the required driveway separation distance of 660-feet on arterial roads to allow a separation of 510-feet from an existing access to the subject property and the Moose Lodge access to the northeast. Staff recommends approval of this deviation. 3. Deviation from Section 10-416(d)(4) of the City of Bonita Springs Land Development Code which requires a Type C buffer(15-feet wide with an 8- foot high wall) or Type F buffer (30-feet wide without wall requirement) to allow a 20-foot wide buffer with plantings as required in a Type F buffer. Staff recommends approval of the requested deviation. 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 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, as condition: 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. PAGE 6 OF 7
4. Urban services, as defined in the 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. 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 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 22 nd day of November, 2004. AUTHENTICATION: Mayor City Clerk APPROVED AS TO FORM: City Attorney Vote: Arend Aye Nelson Aye Edsall Absent Piper Absent Grantt Aye Wagner Aye Joyce Aye Date filed with City Clerk: PAGE 7 OF 7