CITY OF BONITA SPRINGS ZONING ORDINANCE NO

CITY OF BONITA SPRINGS ZONING ORDINANCE NO. 07-12 A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; APPROVING A REQUEST BY STRATHMORE DEVELOPMENT COMPANY/BONITA EXCHANGE; FROM COMMERCIAL PLANNED DEVELOPMENT (CPD), COMMERCIAL TOURISM (CT), AND AGRICULTURE (AG-2) TO COMMERCIAL PLANNED DEVELOPMENT; ON LAND LOCATED AT 12025 BONITA BEACH ROAD, BONITA SPRINGS, FLORIDA, (STRAP NOS. 06-48-26-B1-00001.0000; 06-48-26-B1-00001.0010; 06-48-26-B1-00001.0020; 06-48-26-B1-00001.002B; 06-48-26-B1-00001.0040; 06-48-26-B1-00001.0080; 06-48-26-B1-00001.0090; 06-48-26-B1-00001.0100; 06-48-26-B1-00001.0130; 06-48-26-B1-00001.013A; 06-48-26-B1-00001.0150; 06-48-26-B1-00001.0160), ON 23.81 +/- ACRES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Strathmore Development Company/Bonita Exchange has filed an application for rezoning to a CPD to allow the development of a 300,000 square-foot commercial development to include retail and offices uses and a 125 room hotel, maximum height is 50-feet or 4 stories; and WHEREAS, the subject property is located at 12025 Bonita Beach Road, Bonita Springs, Florida, and is described more particularly as: See Schedule A WHEREAS, a Public Hearing was advertised and heard on September 7, 2007 by the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board of Appeals ( Zoning Board ) on Case DCI 2006-00082 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 August 21, 2007 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: Conditions Page 1 of 15

1. The development of this project must be consistent with the 1-page Master Concept Plan entitled "Bonita Exchange CPD," stamped received August 10, 2007, last revised August 8, 2007, except as modified by the conditions below. This development must comply with all requirements of the 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. The development is limited to a maximum of 250,000 square-feet of commercial uses (subject to Condition 4.f) Retail commercial uses may not exceed 235,000 square-feet with office uses limited to a maximum of 15,000 square-feet, inclusive. A hotel is permitted with a maximum of 125-rooms. The development may not exceed a Floor Area Ratio of 1.2. 2. The following limits apply to the project and uses: a. Schedule of Uses Parcels A, B, C, D1 & D2 Accessory Uses and structures Administrative Offices Animal Clinic ATM Auto Parts Store Automobile Service Station Auto Repair and Service, Groups I & II Bait and tackle shop Banks and Financial Institutions, Groups I & II Boat parts store Business Services, Group I Car wash Clothing Stores Clubs, commercial, fraternal & private Computer and Data Processing Services Consumption on Premises Convenience food and beverage store (limited to 1) Cultural Facilities Day Care Center, child or adult Drive thru Facility for any permitted use Drugstore, pharmacy Entrance Gate or Gatehouse EMS, Fire or Sheriff s station Page 2 of 15

Essential Services Excavation, water retention Fences, walls Gasoline dispensing system, special Gift and Souvenir Shop Hardware Store Hobby, Toy and Game Shops Household and Office Furnishings, Groups I III Insurance Companies Medical Office Models, Display Center, Model Homes, Model Unit Parcel and Express Services Package Store Paint, Glass and Wallpaper Personal Services, Groups I-III Pet Services Pet Shop Post Office Real Estate Sale Office Rental and Leasing Facilities, Groups I, II & III Repair Shops, Groups I & II Restaurants, fast food Restaurants, Groups I-III Schools, Commercial Self service fuel pumps (accessory to convenience food and beverage store) Signs in accordance with Chapter 30 Specialty Retail, Groups I-IV Transportation services, Group III Variety Store Parcel E 125 room Hotel/motel * Administrative office * Consumption on premises * Restaurant, Groups I, II & III (including pool deck area) * Bar/cocktail lounge * Nightclub * Specialty retail, Groups I & II * The uses marked with an asterisk can only be used in conjunction with the Hotel/Motel use. Any alcoholic establishment will be oriented such that it is away from adjoining residential uses. Parcel F Page 3 of 15

Accessory Uses and structures Administrative Offices Animal Clinic ATM Auto Parts Store Automobile Service Station Auto Repair and Service, Groups I & II Bait and tackle shop Banks and Financial Institutions, Groups I & II Bar or Cocktail Lounge Boat parts store Broadcast Studio Business Services, Group I Car wash Clothing Stores Clubs, commercial, fraternal & private Computer and Data Processing Services Consumption on Premises Cultural Facilities Day Care Center, child or adult Department Store Drive Thru Facility for any permitted use Drugstore, pharmacy Entrance Gate or Gatehouse EMS, Fire or Sheriff s station Essential Services Excavation, water retention Fences, walls Food Stores, Groups I & II Gasoline dispensing system, special Gift and Souvenir Shop Hardware Store Hobby, Toy and Game Shops Hotel/motel Household and Office Furnishings, Groups I III Insurance Companies Medical Office Models, Display Center, Model Homes, Model Unit Motion Picture Production Facility Nightclubs Parcel and Express Services Package Store Paint, Glass and Wallpaper Personal Services, Groups I-III Pet Services Page 4 of 15

Pet Shop Post Office Real Estate Sale Office Rental and Leasing Facilities, Groups I, II & III Repair Shops, Groups I & II Restaurants, fast food Restaurants, Groups I-III Schools, Commercial Self service fuel pumps (accessory to a department store) Signs in accordance with Chapter 30 Specialty Retail, Groups I-IV Theater, Indoor Transportation services, Group III Variety Store Vehicle & Equipment Dealers, Groups I, II & IV b. Site Development Regulations Minimum Lot Area : 10,000 Sq. ft. Minimum Lot Width: 100-feet Minimum Lot Depth: 100-feet Minimum Development Perimeter Setback:15-feet Minimum Street Setback: 25-feet Side Lot Line Structure Setback: 15-feet Rear Lot Line Structure Setback: 20-feet Minimum Water Body Setback: 25-feet Minimum Preserve Setback: 25 from any structure Maximum Building Height: Parcels A-D & F - 35 or two stories Parcel E 50 or four stories Minimum Building Separation 20-feet Maximum Lot Coverage: 45-percent 3. Environmental Conditions a. Prior to local development order approval, a listed wading bird species management plan meeting Land Development Code Section 3-474 criteria must be submitted for review and approval by the Division of Environmental Sciences. b. Prior to local development order approval, a detailed gopher tortoise management plan meeting current Florida Fish and Wildlife Conservation Commission and Bonita Springs requirements must be submitted for review and approval by the Division of Environmental Sciences. Page 5 of 15

c. Prior to local development order approval, if gopher tortoises are to be relocated on site, development order plans must delineate the gopher tortoise preserve area and submit for review and approval by the Division of Environmental Sciences staff a detailed gopher tortoise management plan in conceptual compliance with sections 3.2.3, 3.2.4, and 5.0 of the Preliminary Indigenous Habitat Preserve Restoration and Management Plans stamped received August 10, 2007 with regards to the creation and enhancement of burrowing and foraging habitat. d. Prior to local development order approval, the development order plans must delineate a minimum of 6.86 acres as open space. No lot, tract or outparcel shall provide less than ten percent open space. e. Prior to local development order approval, the development order plans must delineate: I. a minimum of 2.78 acres of preserve separately depicting the 0.16 cypress-pine-cabbage palm as Indigenous Preservation; the 0.64 acres live oakcabbage palm forest and the 0.56 acre pine flatwoods 50-74% exotics as Indigenous Enhanced; the 0.22 acre disturbed lands as Indigenous Restoration; and the 0.34 acre pretreatment basin and the 0.86 acre willow wetland as Indigenous Creation; and ii. iii. access points for proposed mechanical vegetation clearing and planting in the created and restored areas only, unless other means are approved within the by Lee County Division of Environmental Sciences staff through a field inspection and onsite meeting with the contractor who will be conducting the vegetation removal and planting; and preservation of all existing native trees and understory within the indigenous enhancement and preservation areas, relocation of sabal palms, and replacement of heritage trees (submit a complete native tree survey depicting tree species, location, and size-diameter at breast height (D.B.H.); and iv. relocation area of listed bromeliads-tillandsia balbisiana, fasciciulata, and utriculata and Butterfly Page 6 of 15

Orchids (Encyclia tampensis) to preservation areas (submit a survey depicting location of listed plant species with development area) v. utilization of one hundred (100) percent native vegetation planting within all required buffers, restoration, creation, and enhanced preservation areas. The applicant may use approved non-native plantings for accent above the required plantings in buffer areas only; and vi. vii. proposed type F buffer plantings within the pine flatwoods along the south property line planted to mimic the natural canopy and understory of the existing habitat; and a 25 foot structure setback from preserve areas. f. Prior to local development order approval, the applicant must submit for review and approval by Environmental Sciences staff a detailed management and restoration plan meeting requirements of the Land Development Code Section 3-415(E.) and in substantial compliance with the preliminary Indigenous Habitat Preserve Restoration and Management Plans stamped received August 10, 2007. The management plan must specifically include within the first and second year monitoring schedule the survivability of the required type F buffer plantings located within the indigenous preserve. If any of the required buffer plantings die they must be replaced as per the maintenance schedule. g. Prior to local development order approval, the applicant will meet with the Bonita Springs Tree Advisory Board to redevelop the site plan in such a manner to incorporate and preserve as many heritage trees as feasible. Staff may give administrative deviations to parking requirements for tree preservation with adequate space for root structures (drip line). 4. Traffic Conditions a. The developer is responsible for bringing the public portion of Quails Nest Lane within the public right-of-way up to City public local road standards and the north-south private portion of Quails Nest Lane to private local road standards as a site-related improvement, and maintain the private portion of Quail s Nest Lane, except as otherwise contemplated below in conditions 4.g. Page 7 of 15

and 4.h. b. The developer is responsible for the cost of modifying the westbound and northbound left turn lanes at the intersection of Bonita Beach Road and Quails Nest Lane as a site-related improvement. c. The developer is responsible for a proportionate share of the modification of the existing median opening at the intersection of Bonita Beach Road and Quails Nest Lane as a site-related improvement. d. At the time of local development order application, the developer shall be required to analyze the development s impacts on Bonita Beach Road intersection with Down s Drive / Home Depot, and to address mitigation through conditions to the Development Order mitigation. e. The applicant must construct a cross access from the project to Saradrienne Lane prior to the issuance of a Certificate of Completion for the first infrastructure development order. The applicant must provide internal directional signage which shall be required at the time of local development order application, and installed prior to the certificate of completion. f. The development is limited to a maximum of 165,000 square-feet of commercial uses, in addition to the 125 room hotel/motel use, without triggering this condition. Retail commercial uses may not exceed 165,000 square-feet, inclusive of office uses limited to a maximum of 15,000 square-feet. The development may not exceed a Floor Area Ratio of 1.2. If the Developer within five (5) years of this zoning approval seeks to increase their use from 165,000 to up to 250,000, the Developer shall comply with the condition below: Prior to the time of local development order, the developer must enter into a Developer s Agreement to pay its proportionate share of the cost of I-75/Bonita Beach Road Interchange improvements identified in the URS Corporation June 2007 study. The proportionate fair share agreement will address the costs of improvements necessary from the I-75 Interchange and Bonita Beach Road from Bonita Grande to Old 41. Proportionate share will grant impact fee credits, and will take into consideration state and county contributions, and the payments of any voluntary contributions from Developer s Agreements from the residential development east of Bonita Grande. In the event the applicant invokes this condition, certificates of completion and certificates of Page 8 of 15

occupancy will not be approved until the road improvements contemplated in the Proportionate Fair Share Agreement is substantially complete. The improvements in the Study are the addition of an additional eastbound left-turn lane at the intersection of the Bonita Beach Road and I-75 northbound ramps. The additional eastbound left-turn lane may require the removal/relocation of the sidewalk located on the south side of Bonita Beach Road as identified in Figure 4 of the URS study. The Developer s Fair Share shall be determined based on the percentage of left and right turn lanes at the I-75/Bonita Beach Road intersection as identified in the local development order Traffic Improvement Statement (TIS). The funds will be paid to the government agency(s) or other city approved entity making the improvements, which can be Lee County, Florida Department of Transportation, or the City of Bonita Springs, or directly to the contractor if approved by the City. The funds will be paid at the time specified in the development agreement or Proportionate Fair Share Agreement. g. If the City maintained segment is vacated, then the applicant will assume its share of the maintenance responsibility for Quail Nest Drive (project portion) and provide appropriate cross access easements to all existing uses and parcels, not part of the proposed development, who rely on Quail s Nest Lane for access, including FDOT for maintenance of their retention area and Lots 15-18, Palm Acres Subdivision, without requirement to maintain unless Lots 15-18 are redeveloped. h. If Lee County or FDOT restrict access to the Quail s Nest Lane and Bonita Beach Road intersection, then the Developer shall permit the outparcels such as Waffle House and Hess and those parcels under separate ownership that utilize Quail s Nest Lane including FDOT retention area and Lots 15-18, Palm Acres unrecorded subdivision to utilize the cross access to the Home Depot site. The outparcel owners will be required to pay their fair share of any maintenance costs of the cross access as established in the easement agreement, except that no maintenance requirement will exist for the FDOT retention area or Lots 15-18, unless and until redeveloped. 5. Approval of Deviation 3 is limited to the southwest portion of the property, which is directly adjacent to the residential property. 6. All sides of the primary structure developed on Tract E must meet the primary facade requirements outlined in Section 3-600 of the City of Bonita Springs Land Development Code. Page 9 of 15

7. Buildings exceeding 35 feet in height must maintain additional building separation as regulated by LDC Section 34-2174(a). 8. Approval of this zoning request does not address mitigation of the project's vehicular or pedestrian traffic impacts, including the impacts of I-75, Bonita Beach Road, Quails Nest Lane and Saradrienne Lane. Additional conditions consistent with the Bonita Springs LDC may be required to obtain a local development order. 9. The development, including the hotel/motel portion, must comply with the commercial lighting standards found in Land Development Code Chapter 3. Street lights must be shielded so that light is directed on the streets and neon, glass tubes and argon for exterior lights are prohibited. 10. The Developer will use best efforts to incorporate principles for its buildings through the Florida Green Building Coalition program, in site design and construction, by emphasizing use of high energy efficiency designs and use of high efficiency fixtures and appliances where possible. Dominant landscaping shall be plant species native to Florida. Building materials, both internal and external, will be comprised of durable and recycled materials where possible. 11. All development shall be designed in a unified architectural style, which shall be stylistic of Old Florida, Key West, or Bermuda architecture. Deviations Deviation one is granted, providing relief from LDC Section 3-329(e)1.a that requires a 50 Excavation Setback to allow a 30 setback for the proposed water retention lake. Deviation two is granted, providing relief from LDC Section 3-415(B)(1) Indigenous Open Space Requirements to allow the restored indigenous area as shown on the master concept plan to count towards required open space. Deviation three is granted, providing relief from LDC 3-416(D)(4) to allow hedges to be installed at less than 48 high within the F buffer type, subject to condition five, limiting this deviation to the southwest portion of the property. Deviation four is granted, providing relief from LDC 3-296(J) to allow a public road to dead-end without providing a cul-de-sac, subject to condition 4.g. Deviation five is granted, providing relief from LDC 3-285(A) to allow a connection separation of less than 125 feet on a local street to allow for connection separations ranging from 34 to 121 feet along Quail s Nest Lane. Page 10 of 15

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 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. 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, 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 Page 11 of 15

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 October, 2007. AUTHENTICATION: Mayor City Clerk APPROVED AS TO FORM: City Attorney Vote: Arend Aye Joyce Aye Ferreira Aye Simons Aye Grantt Aye Nelson Aye McCourt Aye Date filed with City Clerk: Page 12 of 15

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