CITY OF BONITA SPRINGS ZONING ORDINANCE NO. 01-12 A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; APPROVING A REQUEST BY BONITA SPRINGS YMCA FOR REZONING FROM AGRICULTURE (AG-2) AND RESIDENTIAL MULTI-FAMILY (RM-2) TO COMMUNITY FACILITIES PLANNED DEVELOPMENT (CFPD) ON LAND LOCATED AT 12400 & 12450 E. TERRY STREET AND 27200 KENT ROAD, BONITA SPRINGS, FLORIDA (STRAP NOS. 31-47-26-B1-00002.0040, 31-47- 26-B1-00002.0050, 31-47-26-B1-00002.0030) on 28.31 ± ACRES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bonita Springs YMCA has filed an application for rezoning from Agricultural (AG-2) and Residential Multi-Family (RM-2) to Community Facilities Planned Development (CPD) to permit a maximum of 154,000 square feet of community facility uses along with ancillary uses, not to exceed 35 feet in height (except that the gym may not exceed 45 feet in height), on 28.31 ± total acres of land: WHEREAS, the subject property is located at 12400 & 12450 E. Terry Street and 27200 Kent Road, Bonita Springs, Florida, and is described more particularly as: See Schedule A WHEREAS, City Council finds that this request, as modified during the process, is unique and exceptional, and that the conditions contained herein limit the use of the facility so that impact to the DR/GR is minimal; and WHEREAS, the location of this facility serves a large concentration of families living near the facility, in the central area of the city; and WHEREAS, there is infrastructure available in this area to serve this community facility; and WHEREAS, a Public Hearing was advertised and heard on April 6, 2001 by the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board of Appeals ( Zoning Board ) on Case Number: DCI 2000-00068 who gave full consideration to the evidence available and recommended approval with conditions; 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 March 21, 2001 1
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 AG-2 and RM-2 to Community Facilities Planned Development (CFPD) subject to the following conditions and deviations: Conditions 1. The development of this project must be consistent with the one page Master Concept PIan entitled "Bonita Springs YMCA," stamped received March 22, 2001, last revised March 21, 2001, except as modified by the conditions below. 2. The project is limited to a maximum of 135,000 square feet for the YMCA facility along with ancillary uses for this facility as provided in the Schedule of Uses below. 3. The following limits apply to the project and uses. All uses indicated as "Ancillary" are permitted only in conjunction with the primary use of the YMCA: a. Schedule of Uses Accessory Uses and Structures Administrative Offices (Ancillary) Boat Ramps and Dockage (Limited to non-motorized boats on internal lakes) Caretaker's Residence (Ancillary) Day Care Center, Child, Adult (Ancillary) Emergency Operations Center Essential Services Essential Service Facilities, Group I Excavation, Water Retention Fences and Walls Food and Beverage Service, Limited (Ancillary) Health Care Facilities, Group I (Ancillary) Parking Lot, Accessory Personal Services, Group II (Ancillary) Recreation Facilities, Commercial, Group III (excluding golf courses, miniature golf, golf driving ranges and water slides) Recreation Facilities, Commercial, Group IV (excluding Bingo Halls, Bowling Alleys,Dance halls, Skating Rinks and Movie Theaters) 2
Schools, Commercial (Ancillary) Schools, Non-Commercial (Ancillary) Storage, Open (Ancillary equipment only) Signs in Accordance with LDC Chapter 30 Temporary Uses (Ancillary) b. Site Development Regulations Community Facility (YMCA) Setbacks Wetland Perimeter ROW Waterbody Parking Areas 25 ft. 20 ft. 15 ft. 25 ft. Fieldhouse 50 ft. 30 ft. 50 ft. 25 ft. All other primary structures 30 ft. 25 ft. 25 ft. 20 ft. Play Courts 30 ft. 25 ft. 30 ft. 25 ft. Play Fields 20 ft. 25 ft. 25 ft. 20 ft. Accessory Structures Maintenance Structures 50 ft. 30 ft. 30 ft. 25 ft. Irrigation Pumps/Buildings 50 ft. 30 ft. 30 ft. 25 ft. Gazebos, Boardwalks 0 ft. 15 ft. 15 ft. 0 ft. Fences, Walls 15 ft. 0 ft. 0 ft. 15 ft. Open Space Minimum of 30% must be provided. Indigenous Open Space Must meet minimum requirements as specified in the code. 4. Maximum height for principal structures not to exceed 35 feet except that the gym, identified as the Fieldhouse on the Master Concept Plan, may not exceed 45 feet in height. 5. Open space areas must be designed to incorporate as many of the large native trees and Sabal palms as possible. Sabal palms with a minimum 3
eight-foot clear trunk must be preserved in place or relocated in a horticulturally correct manner to appropriate open space areas. If the relocation of sabal palms to onsite open space areas is not possible, then the developer must contact Lee County Environmental Sciences Staff to discuss possible off-site relocation efforts. Prior to local development order approval, the preserved trees and any relocated palms must be delineated on the landscape plans. 6. Prior to issuance of a Development Order for the Bonita YMCA site, a detailed Gopher Tortoise Management Plan must be submitted for Lee County Environmental Sciences Staff review and approval. 7 Prior to local development order approval, the surface water management lake must be designed to mimic a natural system and provide twenty-five percent of the required littoral plantings as native wetland trees. These trees must be a minimum 3-gallon container size. Each 3-gallon tree will count toward five of the code required herbaceous littoral plants. 8. Indigenous preserves and buffers may be located within the indicated access easements, however, the minimum required indigenous preserves and all buffer materials must be placed outside of the easements unless these easements are vacated prior to local development order approval. Trees and shrubs used in buffers must be planted in a minimum width area equal to one-half the required width of the buffer. Applicant may place shrubs within the access easement, provided they are replaced with plants of equal or greater size if the access easement is used. 9. The proposed right in/right out at East Terry Street must be moved to the east, approximately midway between Morton Grove Drive and Kent Road. Final determination of the specific location for this access will be determined at time of local development order. 10. A right turn lane must be constructed at the right in/right out access on East Terry Street and both a right and a left turn lane must be constructed at Kent Road on East Terry Street as required by Lee County DOT for safety purposes. 11. Approval of his 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. 12. Approval of this rezoning does not guarantee local development order approval or vest present or future development rights for Bonita Springs Comprehensive Land Use Plan consistency. Development order approvals must satisfy the requirements of the Bonita Springs Comprehensive Land Use 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 Bonita Springs Land Use Plan provision. 4
13. The development must comply with all requirements of the City of Bonita Springs Land Development Code (LDC) at the 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. 14. As part of the first phase of development, Kent Road must be improved to be comprised of a 20 feet width, 12 inches lime-rock base and 3 inches asphalt pavement road for the entire length of the development property which abuts Kent Road, with the applicant providing the applicable documents that it will maintain its portion of this road in perpetuity. B. Deviations 1. Deviation #1 is approved from LDC Section 10-296, Table 4(7)(c)2 which establishes that wearing surfaces for local and access roads for Class A development shall be 1 1/2% inch asphaltic concrete of Florida Department of Transportation Type S-1 per LDC 10-296, Table 4(7)(c); to allow for decorative paver blocks within the privately maintained roadways, subject to the condition that during the Development Order review process the applicant must demonstrate that the pavers are structurally equivalent to the LDC pavement standard. 2. Deviation #2 has been WITHDRAWN by the applicant. 3. Deviation #3 is approved from LDC Section 10-329(E)(4) which requires that excavation bank slopes be no greater than 4:1; to allow the project to conform to SFWMD permits. APPROVAL of Deviation #3 is subject to condition #7 above. 4. Deviation #4 is approved from LDC Section 34-2194(c)(3)b., which requires a ten foot setback for non-roofed structures from non-sea walled artificial bodies of water; to allow non-roofed decks and boardwalks to be placed at the lake's control elevation. 5. Deviation #5 is denied from LDC Section 34-2015(2)d., which requires that parking lots be designed to allow vehicles exiting the parking lot to enter the street right of way or easement in a forward motion; to allow the parking for recreational facilities (outdoor play fields) to back onto internal roads. 6. Deviation #6 is denied from the LDC Section 34-2017(a)(2) which requires that all parking spaces for high turnover parking lots must have a paved surface; to allow a maximum of 30% of the required parking to be a dust-free, non-paved surface, provided that all access isles are paved in accordance with Section 34-2017(a)(1). 5
7. Deviation #7 is approved from LDC 10-421 (a)(5) which requires that no portion of a buffer area that consists of trees and shrubs be located in any easements; to allow only shrubs in easements, provided that any plants removed, shall be replaced with material of equal or greater size. 8. Deviation #8 is approved from LDC 10-285 that requires the connection of streets with arterial facilities to have a minimum centerline separation of 660 feet; to allow for a separation of 443.7 feet from Kent Road to the proposed northern right in/right out access point on East Terry Street and 82 feet from the proposed right in/right out on East Terry Street to the existing driveway access for the Sprint Telephone Switching Facility, subject to condition #9 above. 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 21 st day of May, 2001. AUTHENTICATION: Mayor City Clerk APPROVED AS TO FORM: City Attorney Vote: Arend Nay Piper Aye Edsall Aye Wagner Aye Nelson Abstain Warfield Aye Pass Nay Date filed with City Clerk: 6