in vocation call to order 9101 bonita beaci i … · adjournment. any person requiring ... any...
TRANSCRIPT
NOIICL OF PUBLIC’ MLVIIN(ICITY COUNCIL
CI’I’Y OF BONII’A SPRINGSOFFICIAL AGENDA
WEDNESDAY, FEBRUARY 1, 20125:30 P.M.
CITY hALL9101 BONITA BEACI I ROAD
BONITA SPRINGS, FLORIDA 34135
CALL TO ORDER
IN VOCATION
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PUBLIC COMMENT ON AGENDA ITEMS (EXCEPT FOR FIRST READING OF ZONINGORDINANCES).
VI. PROCLAMATIONS AND PRESENTATIONS:
A. PRESENTATION OF CERTIFICATE OF CONGRATULATIONS TO CHRISTINEROSS, PRESIDENT AND CEO OF TIlE BONITA SPRINGS AREA CHAMBER OFCOMMERCE, FOR BEING HONORED AS NEWS-PRESS PERSON OF THE YEAR.
VII. CONSENT AGENDA: (NOTE: ITEMS ON THE CONSENT AGENDA WILL BECONSIDERED AS ONE UNLESS A SPECIFIC ITEM IS REMOVED BY A COUNCILMEMBER FOR SEPARATE DISCUSSION.)
A. APPROVE SPECIAL EVENT PERMIT AND CO-SPONSORSHIP FOR CASA MEXICOFOR THE 6rH ANNUAL MAYOR’S CUP SOCCER TOURNAMENT ON FEBRUARY17, 2012 THROUGH FEBRUARY 19, 2012 AT THE BONITA SPRINGS SOCCERCOMPLEX LOCATED AT KENT ROAD (RAIN DATE FEBRUARY 24, 2012THROUGH FEBRUARY 26, 2012) (GREENSI-IEET NO. 12-03-0021)
B. A RESOLUTION OF TIlE CITY OF BONITA SPRINGS, FLORII)A; PROVIDING FORTHE ADOPTION OF TIlE LOCAL MITIGA’I’ION STRATEGY, IREPARED BY TIlELOCAL MITIGATION WORKING GROUP OF LEE COUNTY, AS TIlE FORMALGUIDE FOR THE CITY OF BONITA SPRINGS’ hAZARD MITIGATIONACTIVITIES; ANI) PROVIDING FOR AN EFFECTIVE DATE. (GREENSIIEET 12-02-0022)
C. REQUEST AIIROVAL OF A SILCIAL EVENT PERMIT FOR BONITAFITZ(ILRALD’S ANNUAL FITZGERALD’S SAINT PATRICK’S DAY EVENT ONMARCH 16, 2012 FROM 5:30 P.M. TO 9:30 P.M. ANI) MARCII 17, 2012 FROM 10:30A.M. TO 9:30 P.M. A’F 9070 I3ONITA BEACH ROAD, I3ONITA SPRINGS, FLORIDA34135. (GREENSI IEE’I’ 12-02-0024)
D. AIPROVE S1ECIAL EVEN’I’ PERMIT AND CO-SPONSORSHIP FOR TOWNSMENI3IG I3ANI) ORChESTRA AND I3ONITA SPRINGS ASSISTANCE OFFICE FOR BIGBAND CONCERT PERFORMANCE SERIES. (GREENSIIEE’F 12-02-0026)
tJ:\(’t’% (Icrk\I)ocumcnls\A(i[iNI)AS\AGENI)AS 20 I2\02-0I -12 CITY (‘OUNCIl A(LNIY\ tloc
APPROVl (‘ONI’RA(’I \VIiII SIVI’NII1N (17) IIRVIS SUHI’vl[II’IN(i PROPoSALSFOR ANNI IAI, OPIRAIION ANI) MAINllNANCE SlRVICES FoR P1 JULIE\V( )R KS. Li P( )N A PIR( )VAI ( )I I )( )(‘1 rvl I NIX BY CI’l’Y A’ll( )RN I Y.(( REENSI liii’ I 2—02—0023)
VIII. FIRST REAI)ING 01 II IL 101] 0WIN(i ORI)INANC’E:
A. AN ORI)INANCI OF ‘II IF (‘FlY 01 I30NII’A SPRINGS, FLORI[)A, AMENI)ING APORlION 0111 IF Cl’I,Y 01 BONIFA SPRINGS COMPREI IENSIVE PLAN, ASA1)OPIH) BY ORDINANCE No. 02-16. AS AMENDED, SO AS TO AMEN[) ‘Ii IFFL ill IRE FANI) USE MAP, FOR II IAF SMALL SCAJI DEVELOPMENTAMENI)MEN1 II BOS-CPA0000I. KNOWN AS PALM LAKE RESORT” SMALLSCALE COMPREI IENSIVE PLAN AMENDMENT”, WI IICI I IS LOCATED INSECTION I, TOWNSIIIP 48 SOUTh, RANGE 25 EAST, TO REDESIGNATEAPPROXIMATELY 1.5 +/- ACRES OF LAND FROM MODERATE DENSITYRESIDENTIAL tO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL,PROVIDING FOR TRANSMITTAl. TO TIlE STATE LAND PLANNING AGENCY.PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, ANDPROVIDING FOR AN EFFECTIVE DATE; AND FOR OTIIER PURPOSES.
IX. FIRST READING OF ii IlL FOLLOWING ZONING ORDINANCES:
A. A ZONING ORDINANCE OF TIlE CITY OF BONITA SPRINGS, FLORIDA; INREFERENCE TO WCI COMMUNITIES’ PELICAN LANDING DRI/CPD/RPD FORNOTICE OF PROIOSED Cl-lANGE TO TIlE PELICAN LANDING DEVELOPMENTOF REGIONAL IMPACT (DRI #1-9293-121); EXTENDING TI-IF BUILDOUT DATETO MAY 20, 2020, EXTENDING TERMINATION DATE TO MAY 20, 2026,AMENDING VARIOUS CONDITIONS OF TIlE DRI TO REFLECT COMPLETIONAND PASSAGE OF TIME FOR CERTAIN ITEMS. AS WELL AS STATUTORYCHANGES TO BIENNIAL REPORTING; AND MODIFYING THE INTERFACE ZONEMONITORING REQUIREMENTS ON LAND LOCATED WEST OF U.S. 41, EAST OFESTERO BAY, NORTH OF BONITA BAY DRI AND THAT PORTION OF LANDWITHIN THE CITY NORTI-IERN CORPORATE LIMITS (DRI RUNS TO SOUTH OFWILLIAMS ROAD), BONITA SPRINGS, FLORIDA, ON 2,749.7 +1- ACRES;PROVIDING FOR AN EFFECTIVE DATE.
B. A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA;CONSIDERING A REQUEST BY PALM LAKE RESORT, LLC. TO REZONE FROMAGRICULTURAL (AG-2) TO A RECREATIONAL VEHICLE PLANNEDDEVELOPMENT (RVPD) TO ALLOW A MAXIMUM OF 9 RECREATIONAL (RV)AND/OR MOBILE I-IOME (MH) UNITS WITHIN THE PROJECT; LOCATED AT11334 DUCK LAKE LOOP, BONITA SPRINGS, FLORIDA, ON 1.5 +1- ACRES;PROVIDING FOR AN EFFECTIVE DATE.
X. MAYOR AND COUNCIL MEMBER ITEMS AND REPORT:
A. UPDATE ON THE VETERAN’S ADVISORY COMMITTEE ACTIVITIES ANDREQUEST FOR APPROVAL OF LOCATION OF THE MONUMENT AT RIVERSIDEPARK. (SLACI-ITA) (GREIZNSHLET 12-02-0025)
B. A RESOLUTION ACCEPTING TIlL RESIGNATION OF A MEMBER OF TI-IE drYOF BONITA SPRINGS BOARD FOR LAND USE hEARINGS AND AI)JUSTMLNTSAND ZONING BOARD OF APPEALS; AUTHORIZING THE CITY MANAGER TOADVERTISE TIlE VACANCY ON THE BOARD; ANI) PROVII)ING AN EFFECTIVEDATE. (MAYOR NELSON) (GREENSIIELT 12-02-0030)
U:\C’ity CIerk\Docunients\AGINI)AS\AGINDAS 2012\02-OI -12 CITY (X)UNCII A(ilNI)Adoc
XI. Pt i 131 IC (‘0MM I NI’:
XII. (‘IlY A’l”l’( )RNI’Y’S REPORT:
A. APPROVE ‘II IE FOLLOWING RESOLU’I’ION TO USE AS REDISTRICTING(itlIDFI,INES TO FOLLOW IN REDRAWING TIlE COUNCIL PRECINCTS: ARESOLU’I’ION AI)OPTING REDISTRICTING GUIDELINES i’O BE USED BY TI IL(‘FlY OF I3ONITA SIRINGS IN REDESIGNATING TI IL CITY’S DISTRICt’BOUNDARIES AS A RESULT OF TI IF 201() DECENNIAL CENSUS; ANDPROVIDING FOR AN EFFECTIVE DATE. (GREFNSIIEET 12-02-0028)
XIII. [FlY MANAGER’S REPORT:
A. REVIEW, MODIFY (IF REQUIRED) AND ThEN ADOPT TIlE PROPOSED REVISED2011 S1’RATEGIC ILAN. (GREENSI-IEET 12-02-0029)
B. APPROVE THE PROPOSED NAME REQUESTED BY TIlE LIONS CLUB FOR TIlENEW PLAYGROUND AT DEPOT PARK AS WELL AS APPROVE TI-lB PURCHASEOF A LIONS DRINKING FOUNTAIN BY THE LIONS CLUB FOR TI-IE CITY STAFFTO INSTALL. (GREENSI-IEET 12-02-0027)
C. DISCUSSION AND DIRECTION TO STAFF ON RESPONDING TO LEE COUNTYDOT REQUEST FOR CITY FINANCIAL PARTICIPATION IN THE CONSTRUCTIONOF A VEGETATION OR CONCRETE WALL “BUFFER”. (GREENSI-IEET 12-02-0020)
XIV. APPROVAL OF MINUTES:
XV. PUBLIC COMMENT:
XVI. ADJOURNMENT.
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT ANY OF THE MEETINGSBECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT JOHNGUCCIARDO, ASSISTANT CITY MANAGER AT 239-949-6262, AT LEAST 48 HOURS PRIOR TOTHE MEETING. IF A PERSON DECIDES TO APPEAL A DECISION MADE 13Y THE COUNCIL INANY MATTER CONSIDERED AT THIS MEETING/HEARING, SUCh PERSON MAY NEED TOENSURE THAT A VERBATIM RECORD OF TIlL PROCEEDING IS TO 13E MADE, TO INCLUDETHE TESTIMONY AND EVIDENCE UPON WHICH ANY SUCH APPEAL IS TO BE BASED.
NOTE: THIS MEETING IS TELEVISED ON COMCAST, CIIANNFL 98. AGENDAS ARE.AVAILABLE FOR VIEW, AND THE MEETING CAN 13E VIEWED ATWWW.CITYOFBONITASPRINGS.ORG
NEXT MEETING: 02/13/12 (CITY COUNCIL ZONING)
(i\City CIerk\Documents\AG1NDA.S\AG NI)AS 20 I202-01-2 CIFY (OVN(’ll A(iFNI)Adoc
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0021AGENDA ITEM SUMMARY
REQUESTED MOTION: Approve special event permit and co-sponsorship for Casa Mexico for the 6th AnnualMayor’s Cup Soccer Tournament on February 17, 2012 through February 19, 2012 at the Bonita Springs SoccerComplex located at Kent Road (Rain Date February 24, 2012 through February 26, 2012)
MEETING DATE: February 1, 2012AGENDA: REQUIREMENT/PURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS — STATUTE
X CONSENT — ORDINANCE
PUBLIC HEARING — ADMIN. CODE Lora TaylorAPPEALS
— OTHER Community Relations/Special EventsMAYOR AND COUNCIL — CoordinatorMEMBER’S REPORTSCITY ATTORNEY
CITY MANAGER
BACKGROUND: Casa Mexico wishes to host the 6th Annual Mayor’s Soccer Cup Tournament on February 17,2012 through February 19, 2012 at the City soccer fields located at Kent Road. Additionally, the event organizers arerequesting City Council approve a rain dates of February 24, 2012 through February 26, 2012) should there beinclement weather. The tournament will include local area soccer leagues, residents, businesses and social serviceorganizations. The event organizers anticipate attendance of approximately 1,000 people. There will be food,beverages and amplified music.
Casa Mexico is requesting co-sponsorship of the event. Co-sponsorship would include waiving the park rental fees,transferring the portable rest room facilities from Marni Fieds, providing trash cans and providing public works staff toassist with the event.
Should Public Works Maintenance staff be needed, the applicant should reimburse the City the cost of any overtimefor the event.
Casa Mexico will be required to coordinate with the Lee County Sheriffs Office to provide the necessary traffic controland security.
Staff recommends not permitting the amplified sound to exceed 65 dB from the point of the closest residence duringthe event.
Attachment: Special Event Permit ApplicationLetter from Casa Mexico
STAFF RECOMMENDATIONS: Approve Special Event Permit and Co-Sponsorship for Casa Mexico for the 6th AnnualMayor’s Cup at the City Soccer Complex with the condition that the amplified sound does not exceed 65 db from the pointof the closest residence durinq the event and the intenance assistance.REVIEWED BY:
City Manager:
______
City Attorney:City Clerk:
Department Directok:COUNCIL ACTION:
APPROVEDDENIED
DEFERREDOTHER
G:\Green Sheets\GREENSHEETS - 201 2\02 February\1 2-03-0021 Mayois Cup.doc
SPECIAL EVENT PERMIT NO. SEP
_________
PERMIT APPLICATION—2i..
City of Bonita SpringsDate Received:
___________
9101 Bonita Beach Road Effective Date/Time:Application Fee: $50.00 Bonita Springs, FL 3413$
$25.00 (501C3 organizations) Phone: 239/949-6262 Fax: 239/949-Fee in non-refundable
Use this foim for: Parades * FestivallCarnival * Any Activity Requiring Off-Site Parking, Street Closure, Sound Amplification or CityPersonnel Run/Race/Walk ‘< Art Show * Concerts Special Musical Presentation * Street Dance * Photography Shoot * FireworksCompleted application with all necessary attachments is required sixty (60) days prior to actual event. For information call 949-6262.
Organization: Cascx 4xiu Li.!cL tr’cNature of Event: 5Q#,.Locafion(.AttachSjtePlan): .àO-fljfQ Sou.ej .
Set-Up Time Acruai Event Times Take Down TimeDate: Feb
________tq
5 . . to_______ .
________
Date T’eb I’Ô 9 to kO 9 to B.
_______ _______
Date: Flo i . 9 ,. 10 9__ 6__.
________to_________
Has this event been held in the past? if so, when was the last event? -- 2. OILIndividual Contact for Activity/Event: c. A it Phone: .Z2S q
- 322’- q zAddress: Uncjht St Li35
.. Fax:
___ ________
E-MaiiAddress: JUCUI CO vYeio 3o Oct. cunl
MajorSponsor(s): 6o
_______
Promoter(s): Lkit’. jLLQ’1dl i?’ç.-. PhoneorContaet#: ZA4zQ
* Items 1-6 marked yes require City Council approval. Yes No
I. Crowd: Is anticipated crowd size 2,000 or more? Actual anticipated number:__________
2. Parking: Will off-site parking be provided? fl [JWill “shuttle7’service to parking be provided? By whom?.
— fl3. Streets/Traffic: Will any street(s) or sidewalk(s) be closed? (Jf yes, provide location onsitçiiin2LJ
Signs, barricades and traffic control plans will be the responsibility of the applicant and will berequired in conjunction with Lee County Sheriff’s Office, Department of rrransportauon and EmergencyServices review and approval.
Note: If any traffic will be affected on U.S. 41 a separate permit must be flied with the Florida Department ofTransportation, District One, P.O. Box 1030, Ft. Myers, FL 33902. (239) 694-2941
g0/0 39td 8TIB66BE7 6:g TO/BI/t0
* Items 1-6 marked yes require City Council approval. (cont’d) Yes No
4. Noise: Will there be amplified music or entertainment? If yes, please attach type(s) of D Dentertainment and time(s) of performance(s). indicate stage location(s) on site plan,5. City Co-Sponsorship:
Is City co-sponsorship being requested? If yes, please describe reason(s): J-ucqFwit #1d1. 6( ; af 5(v(u’ci W
‘/ c&ic1Jt % lc4i ciOrganization(s) benefiting from event proceeds: Ci4ylco T/0’J0 Jif1(.
6. Fireworks: Is this a public
_______
or private display? Applicant must comply with DState Law F.S. 791; and NFPA 1123 and obtain any applicable Lee County permit.
7. Banners, Signs, Etc.: Will exterior banners, balloons, signs or other twes of advertising Dtechniques be used? Temporary signs may only be placed in accordance with the Sign Ordinance.
S. Alcohol!ic Beverages: Will alcoholic beverages by sold
______
or consumed
_______
on the flpremises? Please check one or both. A copy of the Florida Beverages Commission permit isrequired at the time of application and prior to event approval. Permit Holder:
________________
Division of Alcoholic Beverages and Tobacco: (239) 278-7195.
9. Security; Will private security be provided to protect exhibits, equipment or facilities brought Don-site for the event? Name of Company:, - —
Contact Number:
_____________________________
10. Private Property: Does the applicant own the property where the event is to be held? If not, Dplease attach a ‘letter of permission front the property owner.
11. Public Safety; Will Police and Emergency Services Personnel be requested? (Based on Dresponses to questions 1-6 certain Public Safety personnel may be required, i.e., Lee CountySheriff’s Office, emergency services, fire, etc. Once staffing needs are determined, applicantwill be required to provide copies of its contracts detailing obligated public safety personnelstaff necessary to assist with event.
m12. Tents/Canopies: Will tents or canopies be used? if yes, jndicate on site plan the tent sjze,location and type of surface on which the teas) will be installed and intended use of eaciljlt
13. Air Conditioning Units/Power Generators: Will exterior air conditioning units or power Dgenerating equipment be operated front vehicles or trailers? Lves. indicnxe location of equipmenton-site pin.
14. FoodlCoolcing: Will food be cooked - V’ catered
______
on-site during this event? Don-site plan the location of vendors and cooking equipment to be used. (Appropriately ratedfire extinguishers required.) Lee County Health Department approval is required prior to eventapproval. Environmental Health Section: (239) 332-9559.5
Page 2CnUsers\Jose.duran’AppData\LooaftMicrosoft\W[ndows\Temporary Internet FilesContent.OutIook\XEXDXtJMA\Spøcia) Event Appteatlon 12-I 9-05.doc
2/$t3 39d 8118666E7Z so:so 10/8 1/10
Yes No15. Sanitary Facilities:
Will temporary sanitary facilities be provided? If yes, indicate location on-site phn.Will disposable cardboard trash receptacles be provided? if yes, indicate onsite plan.Will additional refuse containers/dumpsters be provided?
-
DLD1
if yes, by whom:
16. Thsurance Requirement: (Events on City property or City co-sponsored) Please provide the City ofBonita Springs with a Certificate of Irisurance for property and liability coverage of the event, naming theCity as additional insured, (Liability - $1,000,000 each occurrence, $2,000,000 aggregate;Property Damage - $500,000). Must be provided prior to permit approval.
I, the undersigned, will indemnify, defend and hold harmless, the City of Bonita Springs, its agents,employees, officers and any and all other associates, from and against any and all actions, in law or in equity, fromliability or claims for damages, demands or judgments to any person or property which may result now or in thefuture from the conduct of this event.
The undersigned has read and voluntarily signed the release and waiver of liability and Indemnity Agreement,and further agrees that no oral representations, statements, or inducements apart from the foregoing writtenagreement have been made.
SiureA1cadft, - Date
City Manager Date
Comments:
Comments:
Application Fee in nonrefundable.
Page 3c:\users\jose.duran\AppData\LøcaI\MicrosofWIndows\Temporary Internet FIIes\Content.Outlook\XEXDXUMA\Special Event ApplIcation 1 2-1 9-O&doc
DURING REVIEW BY VARIOUS CITY DEPARTMENTS, AD!DITIONAL CONDITIONSMAY BE IMPOSED. TifiS PERMIT IS VALID ONLY FOR THE TIME INDICATED ONTHIS PERMiT. IN THE EVENT THAT THE APPLICANT FAILS TO FULFILL THEREQUIREMENT(S) AS SET FORTH IN ThIS PERMIT OR FAILS TO OBTAIN PROPERAUTHORIZATION TO PROCEED, IF CONDITIONS HAVE CHANGED, OR THEEXPECTED OUTCOMES, IMPACTS, OR SPECIFICATIONS, INCLUDING BUT NOTLIMITED TO TIME AND ACTIVITIES, THE PERMIT MAY BE CANCELLED BY THECITY MANAGER AND THE ACTIVITY SHALL CEASE IMMEDIATELY.
9U/t2O 3OVd 811836666? sg :i,cj ILE/BI/tO
CASA MEXICO FLORIDA 1NC“Mi easa es hi casa y ta causa es mi cansa”
9862 Connecticut St.Bonita Springs, Fl. 34135
239-322-9298
City of Bonita SpringsBonita Springs, Fl 34135
Re: 6th Annual Mayor Cup
Casa Mexico-Fl. Inc. is requesting a Special Events Permit and Co-Sponsorship from theCity to allow the celebration of the 6Iu1 Annual Mayor Cup, which will take place at theBonita Soccer Complex Friday February 17th, Saturday February 18th, and SundayFebruary 191,2012. If there is anything further needed for this event, by way ofpermitting, etc, please let us know,
Additionally, we are requesting a rain date for this event of the following week, February24th, 2012,Please let us know if this date is acceptable and if our permitting will coverthe rain date.
Finally, we would like the City to provide port-o-lets as well as employee coverage bythe Parks & Recreations Department to help with assistance for clean-up of this event.
Thank you for your assistance in this matter and we look forward Co receiving approvalfrom you for these request.
Sincerely,
Founder of Casa Mexico FL Inc.
GO/SO 3ENd8IIB3S66S so:so To:/Bt/Io
Dcivid AL S/i Oi-iPnncpai
Bonüa Springs Ble’nenraiy Sc/ioiJO7’1 flezy Siet
Bonth Sprvigs, F1(J,jda 54135(239 332-43.3 3) 992-oj
Fax (23i) 9929]i’
Ta:
FA)
qqc 2_L&zom:
— to
Late:
Pag)
Cornmnt:
Bi1dirg Etgher Fzres
E3:6 ;:ia;:d18 1/10
c1\( I cp 2 1 UçiJi(iiiZ
5(lucludirig ccwer thet)
O/1[1 ‘kd B11836E2
BONITA SPRINGS CITY COUNCIL EEN SHEET: 12-02-0022AGENDA ITEM SUMMARY
REQUESTED MOTION:Adopt the following resolution:
RESOLUTION BY THE CITY OF BONITA SPRINGS, FLORIDA;; PROVIDING FOR THEADOPTION OF THE LOCAL MITIGATION STRATEGY, PREPARED BY THE LOCALMITIGATION STRATEGY WORKING GROUP OF LEE COUNTY, AS THE FORMALGUIDE FOR THE CITY OF BONITA SPRING’S HAZARD MITIGATION ACTIVITIES;PROVIDING FOR AN EFFECTIVE DATE
MEETING DATE: February 1,2012AGENDA: REQUIREMENT/PURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS X STATUTE
X CONSENT ORDINANCE
PUBLIC HEARING ADMIN. CODEAPPEALS OTHER John GucciardoMAYORAND COUNCIL Assistant City ManagerMEMBER’S REPORTSCITY ATTORNEY
CITY MANAGER
BACKGROUND:Staff has been meeting with the Lee County Disaster Advisory Committee /Local Mitigation
Strategy Working Group to identify local hazards and reassess the county-wide vulnerability and riskto these hazards based on the latest scientific and technically based risk assessment techniques.They have created the Local Mitigation Strategy, a copy of which is on file in our offices. The index,table of contents and Introduction is attached to this greensheet.
The Local Mitigation Strategy, originally adopted in 2007, has been updated to reflect theknowledge gained from disasters that Lee County has experienced over the past years and by havingprojects identified in the Local Mitigation Strategy Mitigation Initiatives List, there is a better chancefor consideration by federal and state-managed funding programs. The Local Mitigation Strategyalso serves as the County’s Hazard Mitigation, and Floodplain Management Plan as required of allcommunities participating in the National Flood Insurance Program and seeking project funding fromthe Flood Mitigation Assistance program and can serve as the Post-Disaster Redevelopment Plan asrequired of all coastal counties in Florida by Florida Administrative Code Rule 9J-5 as part of theCounty Comprehensive Growth Management Plan.
PURPOSE OF TIMING: The newly revised LMS was submitted to FEMA by Lee County in early2011. In Sept 2011 the County received notification of the Plan approval. The Board of CountyCommissioners formally adopted the LMS at their meeting on Dec 13, 2011 and the participatingcities have been asked to follow suit.
FINANCIAL IMPACT: There are no additional financial impacts on the city’s budget as a result ofthe adoption of this Plan. Our current budget already reflects minimal costs associated with ourparticipation in the National Flood Insurance Program and our participation with the County under theexisting LMS adopted in 2007.
Attachment — Resolution and excerpts from the PlanSTAFF RECOMMENDATIONS:
Adopt the Resolution to establish the new Local Mitigation Strategy for the City of Bonita Springs.
G:\Green Sheets\GREENSHEETS - 2012\02 February\2-O2-OO22 Adopt Lee County Local Mitigation Strategy.doc
C C a a (ID a a C rn rn z Cl, x rn ni H C’,
C k)
C -n a C C C NJ
NJ ‘5 C NJ
NJ
C C r a a CD C C C r C C C C C C C’,
C a C C a
CITY OF BONITA SPRINGS
RESOLUTION NO. 12-
RESOLUTION BY THE CITY OF BONITA SPRINGS, FLORIDA;PROVIDING FOR THE ADOPTION OF THE LOCAL MITIGATIONSTRATEGY, PREPARED BY THE LOCAL MITIGATION STRATEGYWORKING GROUP OF LEE COUNTY, AS THE FORMAL GUIDE FORTHE CITY OF BONITA SPRING’S HAZARD MITIGATION ACTIVITIES;PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Bonita Springs, Florida is subject to natural andman-made hazards including hurricanes, tornadoes, floods, fires and chemicalreleases and faces potential damage to life, property, natural resources and thelocal economy; and
WHEREAS, the Local Mitigation Strategy Working Group consists ofemployees and community members of Lee County and the City of BonitaSprings, the City of Fort Myers, the City of Sanibel, the City of Cape Coral andthe Town of Fort Myers Beach, and is open for participation to any and allinterested parties, and
WHEREAS, the Working Group has identified these local hazards and hasreassessed the county-wide vulnerability and risk to these hazards based on thelatest scientific and technically based risk assessment techniques; and
WHEREAS, the Working Group has identified and prioritized mitigationinitiatives that would reduce local vulnerability to these hazards; and
WHEREAS, the Local Mitigation Strategy has been updated to reflect theknowledge gained from disasters that Lee County has experienced over the pastyears; and
WHEREAS, projects identified in the Local Mitigation Strategy MitigationInitiatives List are given more consideration by federal and state-managedfunding programs; and
WHEREAS, the Local Mitigation Strategy can serve as the FloodMitigation Plan as required of all communities participating in the National FloodInsurance Program and seeking project funding from the Flood MitigationAssistance program; and
WHEREAS, the Local Mitigation Strategy can serve as the Post-DisasterRedevelopment Plan as required of all coastal counties in Florida by FloridaAdministrative Code Rule 9J-5 as part of the County Comprehensive GrowthManagement Plan; and
WHEREAS, the Local Mitigation Strategy is designed to be a process-oriented document with review and revision policies that allow the LocalMitigation Strategy to be changed to meet new or changing conditions includinghazard-event frequency, perceived local needs and funding opportunities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF BONITA SPRINGS, FLORIDA:
Section 1. That it is in the best interest of the public that the LocalMitigation Strategy, prepared by the Local Mitigation Strategy Working Group ofLee County, a portion of which is attached hereto, identified as Exhibit “A”, beadopted as the formal guide for the City of Bonita Spring’s hazard mitigationactivities.
Section 2. This Resolution shall take effect immediately upon adoption.
DULY PASSED AND ADOPTED by the City Council of the City of Bonita Springs,Lee County, Florida, this 1st, day of February, 2012.
AUTHENTICATION:
Mayor City Clerk
APPROVED AS TO FORM:
_______________
City Attorney
Vote:Lonkart SimonsMartin SlachtaMcintosh SpearNelson
Date filed with City Clerk:
_________________
2
U.S. I)cInhitniii( oft loinchinci ScciirnyFI:MA Reto11 IV3003 (hiiublc Tucker RoadAllanti, C it\ 30341
FEMAScptembct’ 9, 2011
Mr. Miles B. AndersonState 1-lazard Mitigation ()tlicci’Florida Di vision of Emergency Managcmcnt2555 Shumard Oak Boulevard‘Tallahassee, FLorida 32399-2100
Reference: Lee County’, FL Multi—jurisdictional Hazard Mitigation Plan Update
Dcat’ Mr. Anderson:
This is to confirm that we have completed a Federal/State review of the Lee County Thjzai’d Mitigation
Plan Update for compliance with the Idcral hazard mitigation planning standards contained in 44 CFR
201 .6(b)—(d). Based on our review and comments, Lee County developed and submitted all the necessary
information. We have determined that the Lee County Hazard Mitigation Plan is compliant with federal
standards, subject to formal community adoption.
In order for our oftice to issue formal approval of the plan, Lee County must submit adoption
documentation and document that the final public meeting occurred. Upon submittal ofthesc items to out’
office, we will issue formal approval of the Lee County I lazard Mitigation Plan.
If you have any questions or need any fitrther information, please do not hesitate to contact Gabricla
Vigo, of the hazard Mitigation Assistance (IIMA) Branch at (229) 225-4546 or Linda L. Bycrs, Planning
Lead Specialist, at (770) 220-5498.
Sincerely,
ø.Robert E. Lowe, ChiefRisk Analysts BranchMitigation Division
Joint Unified Local Mitigation StrategyFor Lee County, Florida
L’j
Prepared By:Lee County Local Mitigation Strategy Work Group
December 2011
ci
Lee County At-A-Glance
Proporty ‘spy. corroni Ic Ap, 30 200
Real Properly Pa,reR 439,419Vacant 172,054Rc’nrlerrlalCorrrrrurpn,l 5.546IdrMnai 1,89?A8ricraltore 3,207
898t.overrrrnenr 2,115
8,105Tocal Overall lrrrr Value 562,351.850410Ira.,! Ousrall I,,,.rIO 5411sS,r,S,rtx)
City Limits— BorvIa rçcc rr40
Cape Coral
— Fort Myers
— Fort Myers Beacv
Sarr’l
)
LOCAL MITIGATION STRATEGY TABLE OF CONTENTS.SEC’T’ION I: INTRoDUCTIONIntroduction
1—1• Map I—I Disaster Response Divisions 1—4• Map 1—2 1 listoric Structures1—5• Map 1—3 Top 100 Employers1—6• Map 1-4 Target Neighborhoods 1-7• Map 1—5 Critical Facilities1—8
II. SECTION II: LMS PLANNING PROCESSStrategy Preparation and Organization: 11—1Public Involvement
11—1Coordination with Other Agencies 11-2Review of Existing Plans, Studies, Reports and Technical Information 11-2Planning Process11-2
111. SECTION III: HAZARD IDENTIFICATIONIntroduction
111—1Earthquakes111-2Tsunamis111-3Sinkholes111-4Darn!Levee Failure111-5Tropical Cyclone111-7Flooding
111-10Wildfire111-13Tornado111-16Thunderstorm Winds, Hail and Lightning [Il—I 8Coastal Erosion111-21Droughllhxtreme Heat111-25Freezes111-27
IV. SECTION IV: VULNERABILITY ASSESSMENT OVERVIEWIntroductionVT-IHurricanes and Coastal Storms V1-1FloodsV1-2WildfircsIV-2TornadoIV-3Thunderstorms/High Wind1V-4Coastal Erosion1V-4DroughtlExtreme Heat, Winter Storms/Freezes & Exotic Pests/Diseases IV-5• Map IV- 1: Lee County Stonn Surge Zones IV-6• Map IV-2: Hazus Coastal Flood Model Map IV-7• Map IV-3: Lee County Flood Insurance Rate Map IV-8• Map IV-4: Wildfire Level of Concern Map IV-9
I’ablc of Contents i June, 2010
• Map IV—5: Wikllanci Urban Interlace.IV— tO• Map I V—6: Coastal Erosion AreaMap.IV— II• Map V—7: Lee County Agricultural Parcels.I V—Il
V. SECTIONV: DEVELOPMENTTRENDSIntroduction
V—IFuture Land Use and Development Trends V—IPotential Future RiskV—5• Map V-I: Lee County Future Land Use Map V-IO
VI. SECTION VI: GOALS AND OB.JECTIVESIntroduction
VI— IGuiding PrinciplesVI-lLocal Mitigation Strategy Goals and Objectives VI-1
VII. SECTION VII: MITIGATION INITIATIVESIntroduction
VII— 1Ranking Mitigation Initiatives Vu-iMitigation Initiatives (Table Vu-I) VII-2Approved Action Plan (Table VII-2) VII-2• Table Vu-i: List of Mitigation Initiatives VII-3• Table VII-2: Approved Action Plan Vu-i I
VIII. SECTION VIII: PLAN MAINTENANCE PROCESSlntroduction
VIll-iStrategy Monitoring, Evaluation and Update VIII-IExisting Planning Mechanism Vffl-2Continued Pubic Involvement VIII-4
Table of Contents ii June, 2010
APPENDICES:
APPENDIX A: METHODOLOGIES.A-I
LI. APPENDIXB: HAZARDHISTORY B-i
III. APPENDIX C: LEE COUNTY ASSET OVERVIEWDisaster Response Division Valuation C-iHistoric Structure Valuation C—2Top 100 Employers Valuation C-4Target Neighborhoods C-5
LV. APPENDIX D: VULNERABILITY ASSESSEMENTS
Dl: TROrICAL CYCLONEIntroduction
D 1—1Assessing Vulnerability Identifying Assets Dl -1Assessing Vulnerability Estimating Potential Losses D1-3
D2: FLOODINGIntroduction
D2- 1Assessing Vulnerability - Identifying Assets D2-1Assessing Vulnerability - Estimating Potential Losses D2-3
D3: WILDFIREIntroduction
D3- 1Assessing Vulnerability - Identifying Assets and Estimating Potential Losses D3-1
D4: TORNADOIntroduction
D4- IAssessing Vulnerability — Identifying Assets D4-lAssessing Vulnerability — Estimating Potential Losses D4-2
D5: THUNDERSTORMS AND HIGH WIND EVENTSIntroduction
D5-lAssessing Vulnerability — Identifying Assets D5-1Assessing Vulnerability — Estimating Potential Losses D5-l
D6: COASTAL EROSIONIntroduction
D6- IAssessing Vulnerability Identifying Assets and Estimating Potential Losses D6-1
D7: DROUGHT/EXTREME HEATIntroduction
D7- IAssessing Vulnerability — Identifying Assets D7-lAssessing Vulnerability — Estimating Potential Losses D7- I
‘Fable of Contents iii June, 2010
D: ‘\VIN1lR S I( )RMS/FREEZhIfltiO(IUctiOfl. D8— IAssessing Vulnerability — IdentiFying Assets and Estimating Potential Losses. D8— I
V. APPLNDIX E: CRITICAL FACILITIESIntroduction
F— IIdenti lying Critical Facility Assets E— 1/isse,vsing lUhIft’Ial)ilil3) (‘0(15(01 Storn,sEstimating Potential LOSS Coastal Flooding (Storm Surge) E—5Estimating Potential Loss Tropical Cyclone Winds E—6Assessing Vuhu’rability FloodingEstimating Potential Loss
E-7Assessing Vulm’ralnlit WildJIIL’Estimating Potential Loss
E-9Assessing Vul,ierabiIit — TornadoEstimating Potential Loss
E-17Assessing Vulnerability— Thunderstorms/Hail/Lightning
Estimating Potential LossE-18Assessing Vulnerability — Coastal Erosion
Estimating Potential LossE-19
1’able of Contents iv June. 2010
SECTION I: INTROD UCTION
PURPOSE OI LOCAL MITIGATION STRATEGY
‘I’he Unified Local Mitigation Strategy presented here represents a plan to Iomotmitigation from hazards posing a threat to communities within Lee County. The basis Forthe strategy lies in Southwest Florida’s continuing threat from certain large scale hazardsand the need to lessen the human, economic and environmental costs of disastersresulting Irom these hazards. It will also be used as a tool to establish funding prioritieslbr disaster assistance available lollowing a major disaster for hazard mitigationactivities.
The strategy has also been restructured to comply with Lee Plan Policy 110.1.5. Thispolicy states that the County will maintain the flood plain management plan and willanalyze the flooding problem of the unincorporated areas of Lee County, inventory theflood hazard area, ievicw possible activities to remedy identified flooding problems,select appropriate alternatives, and formulate a schedule for implementation.
The Local Mitigation Strategy’s purpose will be achieved through the process of hazardmitigation. As used in the LMS, “hazard mitigation” refers to any actions taken by localgovernments, other government entities, or private interests to permanently reduce oreliminate long-term risks to people and their property from the effects of natural ormanmade disasters. In this regard, the Local Mitigation Strategy is a planning document.As such, the strategy is tied directly to the overall policies contained in the Lee CountyComprehensive Emergency Management Plan (CEMP).
The initial Joint Unified Local Mitigation Strategy was adopted by Lee County andparticipating municipalities in January 2000. The Lee County Flood Plain Management!Hazard Mitigation Plan was adopted in 1999. The Second update of the Local MitigationStrategy was adopted in 2007. Since then, more scientific and technically based riskassessment techniques became available to determine the threats of hazards to people andproperty in Lee County.
Updating the LMS involved a process whereby the vulnerability and risk to various typesof disasters were assessed; plans, programs and projects to lessen the effects of disasterswere identified; and decisions were made regarding the implementation of the necessarytasks. To meet new federal requirements, the vulnerability and risk of the County and itsfive cities and towns face from specific natural and man caused hazards was assessed ona parcel by parcel level. This risk analysis included tbur main components: hazardidentification, profiling hazard events, asset inventory, and estimation of potential loss.The methodology used to conduct this analysis is described in Appendix A.
1—1IntroductionJuly 30, 2010
RISK ANALYSIS FOCUS AREAS
The risk analysis looks at Lee County as a whole, hut also Ihcuses on specific geographicareas and areas of special concern. The jurisdictions represented in (he plan are all of thejurisdictions in Lee County including Unincorporated Lee County, The City of BonitaSprings, The City of Cape Coral, The City of Fort Myers, The Town of Fort MyersBeach, and The City of Sanibel. Every jurisdiction currently represented in the plan hasparticipated in every update of the plan except Bonita Springs. The City of BonitaSprings was incorporated after the 2006 update ot the LMS and is a new participant. Thedata was analyzed by Disaster Response Divisions. The plan also analyzed potentialdamage to historic structures, Lee County’s iop 100 Employers, target neighborhoodswithin Lee County, and critical facilities.
Disaster Response Divisions:
The risk analysis was completed based on Disaster Response Division (DRDs). Thisbreakdown forms the basis for the analysis of both the assets and losses for the hazards.The ten Disaster Response Divisions in Lee County are: the Beaches, Boca Grande, theCape, Central Lee, East Lee, Fort Myers, the Islands, North Lee, Sanibel-Captiva, andSouth Lee. Map I-i shows the boundaries of these ten Disaster Response Divisions.Each Jurisdiction in Lee County is represented by a Different DRD. The City of BonitaSprings is within the South Lee DRD, the City of Cape Coral falls within the Cape DRD,The City of Fort Myers falls within the Fort Myers DRD, The Town of Fort Myers Beachis within the Beaches DRD, and The City of San ibel is within the Captiva Sanihel DRD.Unincorporated Lee County is within several of the DRDs.
Historic Structures:
Lee County’s historic structures are identified as a special category of concern due totheir nature. Since these are structures that need extra protection, it is important to knowwhat risks they face. The historic structures are sorted by Disaster Response Divisionand are also discussed separately under each hazard. Map 1-2 shows the locations of allthe historic structures in Lee County.
Lee County’s Top 100 Employers:
Properties owned by Lee County’s Top 100 Employers are identified as a specialcategory of concern. The structures owned by Lee County’s Top 100 Employers arcsorted by Disaster Response Division and are also discussed separately under eachhazard. Map 1-3 shows the locations of all the structures owned by Lee County’s Top100 Employers.
Target Neighborhood Properties:
1-2Introduction
July 30, 2010
Within Lee County’s Neighborhood Districts, blocks of arcas with an 8OtY0 or greaterconcentration of low—income, below poverty level households were identified as TargetNeighborhoods. These Target Neighborhoods are a special l’ocus of this analysis. TheTarget Neighborhoods in Lee County are located in each of the six NeighborhoodDistricts. In some cases, the Target Neighborhood and the Neighborhood District sharethe same boundaries. Iii other cases, the Target Neighborhood is only a portion of theNeighborhood District. Fach Target Neighborhood is analyzed based on its DisasterResponse Division. The Target Neighborhood structures are discussed separately undereach hazard. Map 1—4 shows the locations of all the Target Neighborhoods.
Critical Facilities, In frastructures, and Li felines:
This category is of special concern because of the nature of the item. it is important toknow the risk the county’s critical facilities face from hazards posing a threat. Thecritical facilities, infrastructure, and lifelines arc sorted by Disaster Response Divisionand are also discussed separately by hazard type. The information about criticalfacilities, infrastructures, and lifelines is discussed as its own section due to the sensitivenature of the material. Map 1-5 shows the locations of the critical facilities,infrastructures, and lifelines.
BENEFITS
Updating and maintaining the Unified Local Mitigation Strategy will result in:
• Making certain funding sources available to complete the identified mitigationinitiatives that would not otherwise be there if the strategy was not in place.
• Reducing the local government’s cost sharing ratio necessary for obtaining certaintypes of post-disaster grant funding.
• Easing the receipt of post-disaster state and federal funding because the list ofmitigation initiatives is already identified.
• Supporting more effective pre and post-disaster decision making efforts.
• Lessening each community’s vulnerability to disasters by focusing limited financialresources to specifically identified initiatives whose importance has been ranked.
T—3Introduction
July 30. 2010
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0024AGENDA ITEM SUMMARY
REQUESTED MOTION: Request approval of special event permit for the Bonita Annual Fitzgerald’s SaintPatrick’s Day event on March 16, 2012 from 5:30 p.m. to 9:30 p.m. and March 17, 2012 from 10:30 am. to 9:30p.m. at 9070 Bonita Beach Road, Bonita Springs, florida 34135.
MEETING DATE: February 1, 2012AGENDA: REQUIREMENT/PURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS — STATUTE
X CONSENT ORDINANCE
PUBLIC HEARING ADMIN. CODE Lora TaylorAPPEALS
— OTHER Community Relations/Special EventsMAYOR AND COUNCIL — CoordinatorMEMBER’S REPORTSCITY ATTORNEY
CITY MANAGER
BACKGROUND:
The Bonita Fitzgerald’s wishes to host their “Annual Fitzgerald’s St. Patrick’s Day Event” at the Fitzgerald’sRestaurant at 9070 Bonita Beach Road on March 16, 2012 from 5:30 p.m. to 9:30 p.m. and March 17, 2012from 10:30 am. to 9:30 p.m. Additionally, the event organizers wish to have amplified music outside of thebuilding. The restaurant expects approximately 1,500 participants at the event. The applicant will becontracting with the Lee County Sheriff’s Office to secure adequate security and traffic control for the event.Additionally, they will be providing a letter of permission from Wynn Properties, Inc. to use the adjacent parkinglot for overflow parking.
Staff recommends the applicant maintain a noise level no greater than 65 dB from the closest residentialproperty for the duration of the event.
Attachment: (A) Special Event Permit.
STAFF RECOMMENDATIONS: Approve Special Event Permit for Bonita Fitzgerald’s Saint Patrick’s DayFestival on March 16, 2012 from 5:30 p.m. to 9:30 p.m. and March 17, 2012 from 10:30 a.m. to 9:30 p.m. at9070 Bonita Beach Road with the condition that the applicant maintains a noise level no greater than 65 dBfrom the closest residential property for the duration of the event.REVIEWED BY:
___
:::COUNCIL ACTION:
APPROVEDDENIEDDEFERREDOTHER
G:\Green Sheets\GREENSHEETS - 2012\02 Fcbruary\12-02-0024 SFI” I3onita Fitzgerald’s St. Patrick’s Day Fvent.doc
SPECIAL EVEN’l’ PERMiT. SEP—
__________
PIRMIT APPLICATION
City of Bonita Springs9 I 01 l3onita Beach Road
_____________________________________________
I)atc Received: B’ Z1 // Bonila Springs, FL 34135 Effective Date/Time:Application Fe : $50.00 —houc: 239/949-6262 Fax: 949-6239$5.0() (5l)l(. iiiiiilaIioiis) cJ\ e _k.__4 i’c —1 Slec is ilim—rCflindahlC
Use this form for: Parades, Festival/Carnival, Any Activity Requiring Off—Site Parking, Street Closure, SoundAmplification or City Personnel, Run/Race/Walk, Art Shows, Concerts, Special Musical Presentation, StreetDances, Photography Shoots, and Fireworks. Completed application with all necessary attachments is requiredthirty (30) clays prior to actual event if going before City Council, but may be waived by the Special Events andPark Coordinator. For information call 949-6262.
Organization: 4 z
SitePl
- Set-Up Time Actual Event Times Take Down Time-
3-1çç- S:5D.
Date: ‘) _icr’.to : b.-$o 9: DOthtOFor multiple dates, please attach letter.
Has this event been held in the past? S If so, when was the last event? ‘1CJ’\ )1 0Individual Contact for Activity/Event:Phone: 9) jO—( L)?
Address:Fax:
E-Mail Address:
________________
Major Sponsor(s):
________________
Promoter(s):
__________________________________________________
Phone or Contact #:Yes NoI. Crowd: Is anticipated crowd size 1,000 or more? Actual Anticipated number: /
2. Parking: Will off-site parking be provided? çyv..- 5jj LIWill “shuttle” service to parking be provided? By whom?
_____________________
3. Streets/Traffic: Will any street(s) or sidewalk(s) he closed? (If yes, provide location onsite plan.) Signs, barricades and traffic control plans will be the responsibility of the applicantand will be required in conjunction with Lee County Sheriff’s Office, Public Works andthe Fire District for review and approval.
Note: If any traffic will be affected on U.s. 41 a separate permit must be filed with the FloridaDepartment of Transportation, District One, P.O. Box 1030, Ft. Myers, FL 33902. (239) 694-2941
U:\Admin Assisiant\Adinin. Assistant\Forrns\Special Event Permit Application w-New City Logo & Check Boxesdoc
Page [of 3
Yes No4. Noise: Will thcrc be amplified music or entertainment? II’ yes, picase attach type(s) ol’Entertaimimemit and I line(s) ol pcrlommiimm1ccs(s). Indicated stagC location(s) on site plan.
5. (‘ily Co—SponsorshipEs City co—sponsorship being requested? IC yes, please explain with letter of attachment,listing benefiti ing organizations.
6. I’ireworks: Is this a public
___________
or private display? Applicant must complywith State Law F.S. 791 and NI/PA 1123 and obtain any applicable Lee County permit.
7. Banners, Signs, Etc.: Will exterior banners, balloons, signs or other types of advertisingtechniques be used? T mporary signs ma only be placed in accordance with the SignOrdinance. fl’ç-
8. Alcohol Beverages: Will alcoholic beverages be sold ‘r consumed ‘ on thepremises? Please check one or both. A copy of the Florida Beverages Commissionpermit is required to finalize before event. Permit Holder:
_______________________________
Division of Alcoholic Beverages and Tobacco: (239) 278-7195. Ut’.&U €L i Sk’J’..A Q.c1YA1 bt’i. i
X”-””- hi}_
____
9. Security: Will private security he provided to protect exhibits equipi ‘ent or faci1itibrought on-site for the event? Name of Company:Contact Number:
_______________________________
10. Private Property: Does the applicant own the property where the event is to be held?If not, please attach a letter of permission from the property owner.
11. Public Safety: Will Police and Fire District Personnel be requested? (Based on responses EET Dto questions 1-6 certain Public Safety personnel may be required, i.e., Lee CountySheriff’s Office, emergency services, fire, etc. Once staffing needs are determined,applicant will be required to provide copies of its contracts detailin obligated publicsafety staff necessary for event. oc
12. Tents/Canopies: Will tents or canopies be used? If yes, indicate on site plan the tent size,location, and type of surface on which the tent(s) will be installed and intended use of eachiciih (lL- (Xi
13. Air Conditioning Units/Power Generators: Will exterior air conditioning units or powergenerating equipment be operated from vehicles or trailers? If yes, indicate locationof ecuipment on-site plan.
14. FoodlCooking: Will food be cooked \.Z catered on-site during this event?Indicate on site plan the location of vendors and cooking equipment to be used.(Appropriately rated fire extinguishers required.) Lee County Health Department approval isrequired to finalize permit before event. Environmental Health Section: (239) 332-9559.UrJ”% -‘ S ‘U:\Admin Assistant\Admin. Assistant\Forms\Special Event Permit Application wNew City Logo & Check Boxes.doe
Page 2 of 3
Yes No
15. S;iiiilaiy llLiliI ics:
7Will teilipolary sallilaly I acil it ics he provided? iLys iiiclicatc location on site plan.
Will disposable caidhoard trash reccl)tacles he provided? II yes, indicate on site plan. LI
Vv’i II a(l(liI ional ret USC containers/dumpsters he pIOVidC(l? VL1
II yes, by whom:
16. Insurance Requirement: (Events oii City property or City co—sponsored) Please provide the City of
l3onita Springs with a Certificate of Insurance for property and liability coverage of the event, namingthe City as additional insured. (Liability — $1,000,000 each occurrence, $2,000,000 aggregate; Property
Damage — $500,000). Must be providel to finalize permit before event.
I, the undersigned, will indemnify, defend and hold harmless, the City of Bonita Springs, its agents,
employees, officers and any and all other associates, from and against any and all actions, in law or in equity,
from liability or claims for damages, demands or judgments to any person or property which may result now or
in the future from the conduct of this event.
The undersigned has read and voluntarily signed the release and waiver of liability and Indemnity
Agreement, an1-arther agrees that no oral representations, statements, or inducements apart from the foregoing
written
City Manager Date
Comments:
Comments:
Application Fee is non refundable.
U:\AdTmn Assjstant\Admjn. Assisiant\Forrns\Special Event Pemiit AppIicaton w-New City Logo & Check Boxesdoc
Li
DURING REVIEW BY VARIOUS CITY DEPARTMENTS, ADDITIONAL CONDITIONS MAY BEIMPOSED. THIS PERMIT IS VALII) ONLY FOR THE TIME INDICATED ON THIS PERMIT. INTHE EVENT THAT THE APPLICANT FAILS TO FULFILL THE REQUIREMENT(S) AS SETFORTH IN THIS PERMIT OR FAILS TO OBTAIN PROPER AUTHORIZATION TO PROCEED, IFCONDITIONS HAVE CHANGES, OR THE EXPECTED OUTCOMES, IMPACTS, ORSPECIFICATIONS, INCLUDING BUT NOT LIMITED TO TIME AND ACT!VIES, THE PERMITMAY BE CANCELLED BY THE CITY MANAGER AND THE ACTIVITY SHALL CEASEIMMEDIATELY.
Page 3 of 3
December22, 2011
City of Bonita SpringsCommunity Development9220 Bonita Beach, Suite #111Bonita Springs, FL 34135
RE: SUNSHINE PLAZA9090 Bonita Beach RoadBonita Springs, FL 34135STRAP #34-47-25-B4-001 36.0000
I hereby give authorization to FITZGERALD’S the use of the parking lot for extraparking on March 16th & i7 , 2012 at the above referenced Plaza owned byWynn Properties, Inc., in Bonita Springs, Florida 34135.
Sincerel
J . ynnWynn operties, Inc.
STATE OF FLORIDACOUNTY OF LEE
Sworn to and subscribed before me the of )(L
A.D. 2011.
__________________________
My Commission Expires:NOTARY PUBLIC
ESTHER M. ROZZI. Commission # EE 132010
Expires September 19, 2015Bonded Th,u Troy Fani Inswore 800-385-7019
9220 Bonita Beach Road • Suite 200 • Bonita Springs, FL 34135 • 239-947-4848 • Fax 239-947-6791
SUNSHINE PLAZA & PROFESSIONAL CENTER9220 BONITA BEACH ROADBONITA SPRINGS, FL 341529-947-4848
I 92O9220 I
OfficeOffice
34-47-25-4-001 360000
34-A7-25-B1-OO1 360040
[J
I 9240I lc I I-i
I I I
III I Future
Bonita Beach Road
SUNBELT Pogc:PNTALS
SUNBELT RENTALS, INC.12770 METRO PKWY Solosrni,i: 07810 COX, BRIAN (078)FORF MYERS, FL 33966i31 7
Typed By: BRICHARDSO239-7683636
RESERVAö9070 BONITA BEACH RDBONITA
SPRINGS. FL 34135
______________________________
CM: 2396011333 J//: 239601-1333CO t9Ct (It
r—- Dote out.... 3/16,12 12:00 PMCusLorner: FL G430100654580 Est return., 3/17,12 12:00 PM
GAULT, CAMPBFIL Job Loc..... FITZGERALD’S (:9070 BONITA BE;B09070 BONITA BEACH RD Job NC),....
FITZGERALD’S P.O. II N/RBONITA SPRINGS, FL 34135 Ordered By.. GAULT, CAMPBELL
NET DUE UPON RECEIPT
Created at PC# 078 for PC# 078QTY EQU r [‘WENT if Win Day Week 4 Week Anioun[1.00 1000 WATT TQWL’EHIND D1ESHL LIGHT TOWER 100.00 100.00 415.00 ‘/90.00 100 0001204101.00 4000 WATT TOWBEHIND DIESEL LIGHT TOWER 100.00 100.00 415.00 790.00 100.000120410
h** EOP MSG **
Tht. Lolluwiiiq shi ft rates will apply:8 Hrs/Day ‘to ltrs/Wk = 1.0 x R[e9-16 lIrs/Doy 41-80 [Irs/WE = 1.5 x Rate17+ }Irs/Day 81+ Hro/Wk = 2.0 x Rate
SALES ITEMSOty Item number Unit Price
.1 DLiKSRCHG EA 15.000 15.00TRANS PORTATI ON SURCHARGE1 ENVIRONMENTAL HA 7.200 7.20ENVI RONt4ENTAI,1 PENTAL PROTECtION PLAN EA
30. 00
DELIVERY CHARGE75.00
PICKUP CHARGE75.00
CONTINUHI)
Rate your rental experience www.sunbeltrentals.com/surveyU ThE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FORPROPERLY, NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING, DAMAGES AND REPAIRSwT1rra .,mmlmc’mlOIW1ciw,ttTprTI7enrJ0s1tTnI1’T1’7sf5tI’ZmtThi’,2 Cost It k ‘or is ii th Eq t I q tI a Re tial Pwlod lncbding lnu y a. I .1 o p opo ty nil ii E3. CustOni, ,%,,sl,i,ovl,l,i to, nod sI,,,II .it,ly nomit propetly trained. notholleed IndivIduals, who me fltd ,‘t,po,rod Ior,dc, the influence ot 0,1.113 0, nlcol,oIl. to ian theE,1i,,1,incnt4. lIthe Eqc oi..t iloos ,,ot oltetltto ii.o,.r ly. is not suitable lot Customer’s intended use. does not hone Olitontitug a,,,l OaIi,ty instru,cf,00S or Custontel lies coy q065titins reqnr,tin.j use of II,,, Equipn,ent.Cuslontr. shill ‘ut so 1,u’ Eq,,’uoo,’,it nuid ..l,nlI coutl,.c? Sue,ftolt ‘anmediately.S. M,use of 11.0 Eq,,,p,”ent or ,auuiti ilvu,iat,ost or ltietlt,ttntioflinq Etpilpfllenl may result itt serus bortly r,jo,y o, devIl,6 Cuslonlor fins tt,co,ne,l. rend. ,,ttde,sto,tds mid agrees to II, estimated chmgos herein mid all the tc,tu,s otud cun,lilrons of this Conlr,.cl. inclitilitug lIlt, Release and I,,l,,,,nil,,:,,ui,,,, povisiiiu. ot Se;tr,,, 7mud Ito E,,oI,or,,u,o,,tnI Foe it S0cl,00 14, islticit ciot also ho found at www.eunbeltrontols.com/.,,nlylooyt,vct 0eloeryP,cbut, So,cl,a,ge let, noplotttrhoti is a’i&lebte atwww si,nbelliei,l&s cot, .si,ttliiutg,,
7 C,nlo,,tc’r,oi, st co,ulnct Sunt,eIl to equuost pickup of Equipnte,ul. relic,, (I.e Pick Up Nunibor given lip Sonhclt and will to, respoosihi,, for Eupop,iu,nt until aiclufltty retuievetI t,y St,,t,,,llS. For octet ut,o,rs ufl C niilm,,in Customer is rmuting oq,,Ipnsorul roqisrott’iI under the Cahlotni. Ak Resou,cos Boatil CARS) Pot laid,, Equipineutt Regrsttntinii Puogram (PERP) TI,,, ouutatn, uI 11,0 F ijOIpitlCiiIis soliject to hue req.orutteuils of the PERP r,qj,,tsficoi ottO lo,,1 Air Pollutio,t Control District rub,. Untlor Ilte PEIIP lIrt,j,,IitI.oii. the C,,stor,uo, is reginreti to keep a COpY ofih,,, tttntnl slttitetn.tt ,tn,lCAhIll erJisurstiofl Celtuhicalt,. litcliudiq .,pe,yututtq co,,ditians mid notification reqtiirelnents. with Ito Egoip,,trttt at oIl titnes Custmnc, must also cootplttle 11,0 log pronitled witlt flu, Eit,uin,u,’iit usinput.’,1 liy PERP ,,n,l ,et,oni,ig II,,. lout wilt, tt,e Erpopuietit sea 0, ww oil, cc govipoltable/portabte html. Op 5nhitit9 thiS Conrract, rho Cu,fonict acknowledges receipt of these tloc,,irteittsC,,nu,,,i,,’,,s ,lr,;I,t,ir,çj fleritsI P,olect,on P1w, Ca,tt,,,ror ltttui,lsl
Customer Sigulilt,ire flair, Name Prtu,ted Delweted By Datewww so,thelt,entats.com cs’ru; -u..
SUNBILT Piqe: 2PNTALS
PC//;078 SUNBELT RENTALS, INC.
FORT MYERS, FL 339G6 1317 ‘I(078)
239 76B 3636
IJnh Site:-—
______________________________________________________________________
________
FITZGERALD’S IRISH PUB RESERVATION—9070 BONITA BEACH RD
BONITA SPRINGS, FL 34135
_______________________________ _______
C#: 239 6011333 J/t: 239 6011333cjt
2053
_______________________-___________________________
Date out.... 3/16/12 12:00 PMCustomer: FL G430100654580 Est return.. 3/17/12 12:00 PM
GAULT, CAMPBELL Job Loc FITZGERALD’S I;9070 BONITA BE;B09070 BONITA BEACH RD Job No.,....FITZGERALD’S P.O. ft .... N/RBONITA SPRINGS, FL 34135 Ordered By.. GAULT, CAMPBELL
NET DUE UPON RECEIPT
__________—
Created at PC# 078 for PC# 078QTY EQUIPMENT ft Mm Day Week 4 Week Amount
i?AYMRN’I’ H ESTORYD1 L I YP! — RE F ft AUTH ft I RANC TYPE AMOUNI APPLTFE)i /io,/12 Pay On Return
-—— -
Sub total: 402.20Tax: 13.33
Total: 415.53Pay On Return
Rate your rental experience www.sunbeltrentals.com/surveyiF THEEOUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FORPROPERLY, NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING, DAMAGES AND REPAIRS
2 C;;;to,.,,,-:,,-,olI.sh$aSSOCflttd wilt. 11,0 Equiproc’nt dunnq the Reotul Pc,iod. incf,,dio0 ujcty and iluilagn ii i_s,,’.. p.ope,ty sod thu Equipment.3 Ci,stOn)ei,’’,.pn,OS,i)li, ho, stid shall only 1*1,1111 ph,lt*IlV (mined. n,iilti,iiiett individuals, *1.0 Oh’ hot nipwmcd joule, tin ,nhlovnce of .t.uu’ ii, ,iIcuhtoll. to use tIn, Eti,,rt,,,inr,4 It hIm E.pi.t’Iinnt loon ‘ill 01*11110 propetty. is not suitable lot Cuslo,ne,’s ir.tolldcd use. clots 1101 lion. opc.ahing unit safety nst,ucoo,,s or C.,ston,cr Ins aw q,,usIIo.is .rqar,linrj ii,. of II,,, Equpiuut.Custoner sI,nII,,,,t use din Equipnicttt m,d sIsall contact Sunbelt irr,r,.ed,alciyS Misuse at the I jornonl or t&,iq ilnoingod a, ,nattu..ctioning Equipment iliny result in ser,otis bo,l’Iy ttnhIKv or itcathC Customer ho. etuviucit. toad. u,,derstaods and 091cC5 to (ho estimated chaiges herein and all (tie terms and con,l,Iioos of II.,. Cont,acl. inctudiro) the Release a,,iI lndont,,,l,cnto,, liiOvISJOfl in Scctioi, -
ond the Enouconmtnteil Fen ti Seehi,,n 14. which can also bit found 151 wwwsunbeltronlalsco,nhentalcnhitracl ‘Dchye,y’Puck,41iS,irclr.j.u binor1,Iu,u.,t,o,. ,‘, ,in,,,i,rlIt CIwww .wnbeltrefl(olsconuI,ulctlarOo.
-
7 Customer nsusl contact Sie,l*lt to inquest pickup oh Equ.pnmnt. 101010 the Pick lip Number .nen by Sunbelt end will he rrspo.,sil;fe In, Eq,.p,t.ent 10,1,1 mutually ,e,t,n,ncd by S,u.twit8 1*. operafarns in Cnl,Iou.u C,,stono,, is ,u,ltu,j oq,rIprnen .egislo,ad junior the Caillotnia An Resoutces Boa,il IC ARiD Pn,tntile Etprup,r,enl Reqislirtion Program ll’El)P) TIle operator oh tho Eququimentis subioct to (tic’ re,u,,oomruts of tile PEI1P .u,q,iiato.i ,.ml bc,! Au Pollution Control Otuict rubs, Under the PEIIP R,’1pl.leio. thu Costo,,er us requned to keep a copy oh the rental agr000lOnt andCARS ,eqistrt,oon cert,Iicnhm,. i,itlo,hflg ,,peununnJ c,,,id,bioit, mid eot.bicat.on rolpimeronitls, wilt. the Equipment vi nil ii,,,,, C,.slon,crnumasl olsi, o.upbete the log puov.dad wilt) the Elthupmont asrequited h,y PEOP mid returning tim nj with the Equipment two www .ol..cogo.pottahI&p0table hInd By sig riq il,. ContiacI. Ito, Customer acknowledges receipt at those ,toeUnients.Customer ‘S ilotluhinuf Rc,ttoi P.QtC,;t’ur, Plon — - Custoit,o, IlilialCI
Customer Sig,tuiture Date Name Ptintod Deliuernd By Datewww.suobeltreotats.000t
‘nun., lit-I I’.
Client#: 80087 FITZGE
________________
ACORD., CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).
CONTACTPRODUCLRNAME
-
FAX 239-949-1388Advanced Insurance Und.(Estero) NE( 239-949-188810600 Chevrolet Way Ste. 200 E-MAIL
ADDRESS;- - -
-
Estero, FL 33928INSURER(S) AFFORDING COVERAGE NAIC S239 949-1888
sURER A:WIIShire Insurance CompanyINSURED
INSURER B:Fitzgeralds
INSURER C.9070 Bonita Beach Road
INSURER 0Bonita Springs, FL 34135INSURERE:
I INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:THIS IS TO CLRTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED DY PAID CLAIMS.
INSR 1ADDLTSUBR1 POLICY EFFTPOLICY EXPTYPE OF INSURANCE- INSR WV I - POLICY NUMBER
- ‘MMIDDIYYYYJ IIMMIDD
__________
LI?TS
A CLOO15I000
______________
DAMAGE TO RENTEDPREMISESJaoccurrence --
- -
MED EXP (Any one person( $ 5,000PERSONAL&ADVINJURY sl,000,000 —
GENERAL AGGREGATE s2,000,000 —
PRODUCTS - COMP/OP AGO S 1,000,000
BODILY INJURY (Per accident) SPROPERr’ DAMAGE $(Per accident)
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE LJ OCCUR
X BI/PD Ded:1,000
GEN’L AGGREGATE LIMIT APPLIES PER;
POLICY Li j- LOC
AUTOMOBILE LIABILITY
UMBRELLA LIAB OCCUR EACH OCCURRENCE $EXCESS LIAB CLAIMS-MADE AGGREGATE $DED RETENTIONS S
WORKERS COMPENSATION WC STATU- 0TH-AND EMPLOYERS LIABILITY Y I N TORY LIMITS ERANY PROPRIETOR/PARTNER/EXECU LIVE EL. EACH ACCIDENT $OFFICERIMEMBER EXCLUDED’ NI A(Mandatory in NHI EL. DISEASE. EA EMPLOYEE SIf yes, describe underDESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT S
-L_j_
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required(Special Event - St. Patrick’s Day - Friday, March 16, 2012 & Saturday, March 17, 2012
** General Liability Information **
Liquor Liability - Loc #: 1; Class Code: 58161; Form #: N; Limit: 1,000,000 Ded. 250Assault & Battery - Loc #: 1; Class Code: 58161; Form #: N; Limit: 50,000 Ded.(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
. . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORECity of Bonita Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN9101 Bonita Beach Road ACCORDANCE WITH THE POLICY PROVISIONS.Bonita Springs, FL 34135
AUTHORIZED REPRESENTATIVE
DATE (MM/DDIYYYY)
01/0912012
12115/2011 ‘12/1 5/201 EACH OCCURRENCE
ANY AUTOALL OWNEDAUTOS
HIRED AUTOS
sl.000.000
SCHEDULEDAUTOSNGN-OWNED
AUTOS
$COMBINED SINGLE LIMIT)Eaacidegfl
________
BODILY INJURY (Per person)
S$
$
© 1988-2010 ACRD CORPORATION. All rights reserved.ACORD 25 (201 0/05) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S823290/M823288 SAB
DESCRIPTIONS (Continued from Page 1)Non-Owned Auto - Loc #: 1; Class Code: 58161; Form #: N; Limit: 1,000,000 Ded. 250
** Supplemental Name **
First Supplemental Name applies to all policies - Fitzgerald’sPolicy# CLOO151000 -: Bonita Fitzgeralds LTDPolicy# CLOO1 51000-: Cecil Ashe, LLC
Certificate Holder is shown as an “Additinal Insured on the Generaliability coverage for the St. Patrick’s Day Sepcial Event
SAGITTA 25.3 (2010105) 2 of 2
#S823290/M823288
tj(T
)
Lr
ccF
:
HF
c,
.-.
-3)
C/I
F)
C/I
1-.
rC’
3) IC,
/IL
H--
C’O
Ii)
) :3)Q
Ci) 3’
‘P‘
L2
N)i:H
.,L I;
Ii)
CPH
-’C
i-
-:
1/I
c
-I
‘C.
‘Ji.
‘:;
--‘
-i
r
-.
,‘
‘(3
)I’
--
ICC
C,a
IC)
2..:.
,-c4
‘:13
)C
)I
I(C
,()
(1—
ü:‘-
-r:-
..-<
-
‘0D
::H
EX
90
-‘ —
:;—)
()
‘sJ
“I
‘rI
•)-
I--
‘I.-
CF
)n-
,-c1
0c
!:-
•:
—‘
i ::
-
‘.)P?
‘—ij
/‘i-
)I)
I)
flt
t)F
.“Js-,
C)
.i
H,)
___J
,-:
CFI..
”I-
-.
—“:
::.
-I, C_
_II
‘()C
,c’I(,-
’b
‘(7(
r
IC
-
(C,
C-)
IIC
,I—
S)C.
()I
11_F
)-_
b
-<
(3)]
0-
(i_C
(F)
3))
‘-0
p
C--
“-C
‘F’
(j)
F)H
,-•.
‘r
3)j
N
‘8.
‘(31
I.)
-i)
HC
l—
‘
UN COASTPORTABLE SANITATION
1661 Benchmark Ave.— Fort Myers, FIrida 33905—Ph. (239) 337-7709 Fax (239) 337-0287 — Toll Free (888) 337-7709
Fitzgerald’s Restaurant18767 S. Tamiami TrailFort Myers, FL 33919
RE: Event @ 9070 Bonita Beach Road
Suncoast Portable Sanitation will provide 4 Elite Port-o-Potties to Fitzgerald’sRestaurant. We will deliver them on March 15th 2012 and pick them up March19th 2012.
Please call with any questions or concerns.
Cassy’ramekOffice Manager
Sun Coast Portab’e Sanitation, Inc.1661 Benchmark Ave
Fort Myers, FL 33905
Ph: 239-337-7709 Fax: 239-337-0287
__________________________
InvoiceBlIIlngAddres8
FITZGERALD’S RESTAURANT Phone: (239) 433-041918767 S. TAMIAMI TRAILFax: 0FORT MYERS, FL 33919
cJ
c.1
f Dat Clark TOITT1B Involce.P.O.#;: :,:Fnvoice#.
Page ‘Zj[ F1TZ33320 ThI9/20l2 CS COD A-224715 Page i/i
[ SCRiiIQN RATh 0Th’ ( TAX%( TAX AMOUNTService Site: 38195 , 9070 BONITA BEACH ROAD SE, BONITA SPRINGS, FL Site P0111/19/20124 ELITE UNITS
400.00 1 6.0 24.00 424.00
Service Site 38195 Total; 424.00
Total Tax 24.00 424.00Paid Arnt 0.00Adjustment Arnt 0.00Balance 424.00
Statement as of 1/19/2012 Future; 0.00 Current: 424.00 30 Day: 0.00 60 Day: 0.00 90 Day; 0.00 Total Due: 424.00Please detach here and return th. bottom portion with your payment.
Dlv: A Cust#: F1TZ33320 Site #; 38195 Invoice #: A-224715
From FITZGERALD’S RESTAURANT Ill!lllII)18767 S. TAMIAMI TRAILFORT MYERS FL 33919
Please provide your email address below.
_VISA — M/C.. Check Enclosed
If paying by Credit Card, please fill out below Invoice Balance424.00
Card Number
Exp. Date I UVI. UOOe
LTo Sun Coast Portable Sanitation, Inc. Choose One; Q 1 Time Charg I] Charge Monthly1661 Benchmark AveSignature ount PaidFort Myers, FL 33905
________________________________________________
I! credit card addr.es different from billing address above please write In belowAll invoices more than 60 days old are charged a late fee of 1.5% per month
r
I
iH2tv
3
0
4-I—
,
2 -\,
:3
c’
HI
,.;i
tj
Ii
,.-
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0026AGENDA ITEM SUMMARY
QUESTED MOTION: Approve special event permit and co-sponsorship for Townsmen Big Band Orchestraand Bonita Springs Assistance Office for Big Band Concert Performance Series.
MEETING DATE: February 1, 2012
AGENDA: REQUIREMENTIPURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS — STATUTE
X CONSENT )( ORDINANCE Lora TaylorPUBLIC HEARING ADMIN. CODE Community Relations/Special EventsAPPEALS — OTHER CoordinatorMAYOR AND COUNCILMEMBER’S REPORTSCITY AUORNEY
CITY MANAGER
BACKGROUND:The Townsmen Big Band Orchestra and Bonita Springs Assistance Office wish to host a series of concertperformances at Riverside Park. The dates and times are attached. The event will be free to the public with arequest of attendees of the performances to make a donation that will benefit the Bonita Springs AssistanceOffice. The applicant expects approximately 250-350 attendees at the event and will have amplified music. TheTownsmen Big Band and Bonita Springs Assistance Office will be responsible for providing security detaildeputies in accordance with the requirements of the Lee County Sheriffs Office for crowd size.
The Townsmen Big Band and the Bonita Springs Assistance Office are requesting City co-sponsorship for theevent. Co-sponsorship would include waiving the special event permit application fee, waiving the refundablesecurity deposit and park rental fees. The applicants are also requesting advertising for the events on BonitaTelevision 98 and the City’s website. The applicants have agreed to reimburse the City the cost of a PublicWorks Maintenance employee to be in attendance at the event.
Staff recommends not permitting the amplified sounds to exceed 65 dB from the point of the closest residencefor the duration of the event.
Attachments:(A) Special Event Permit Application
STAFF RECOMMENDATION: Approve special event permit and co-sponsorship for the Townsmen BigBand and the Bonita Springs Assistance Office for the 2012 concert performance series at Riverside Park withthe condition that the amplified sounds not exceed 65 dB from the point of the closest residence for the durationof the event.REVIEWED BY:
City Clerk: 4Department Directo -
COUNCIL ACTION:
APPROVEDDENIEDDEFERRED
OTHER
G:\Green Sheets\GREENSHEETS - 2012\02 February\12-02-0026 SEP Big Band Concert Performance in Riverside Park.doc
SPECIAL EVENT PFRMIrI SEP
_______________
PERMIT APPLICATION
City of Bonita Springs9101 Bonita Beach Road
__________________________
Date Received:
____________
Bonita Springs, FL 34135 Effective Date/Time:Application Fee: $50.00 Phone: 2391949-6262 Fax: 949-6239
$25.00 (501 C3 olganifatins)
Fec is non-refundable
Use this form for: Parades, Festival/Carnival, Any Activity Requiring Off—Site Parking, Street Closure, SoundAmplification or City Personnel, Run/Race/Walk, Art Shows, Concerts, Special Musical Presentation, StreetDances, Photography Shoots, and Fireworks. Completed application with all necessary attachments is requiredthirty (30) days prior to actual event if going before City Council, but may be waived by the Special Events andPark Coordinator. For information call 949-6262.
Organization: 4- ONature of Event:Location (Attach Site Plan): d.... ea-r- k
Set-Up Time Actual Event Times Take Down Time
Date:
___________ __________
to
__________________
to
__________________
to
___________
For multiple dates, please attach letter.
Has this event been held in the past?
_______
If so, when was the last event? 20 i(Individual Contact for Activity/Event:
‘ )on&l Phone: ..57 I i..fqaAddress: )\IS ecv Fax:E-Mail Address: r3e c
- -Major Sponsor(s): Eon-*---& Sn’ins SlSu kf1CLPromoter(s): c.T Phone or Contact #:Yes No1. Crowd: Is anticipated crowd size 1,000 or more? Actual Anticipated number:
____________
E2. Parking: Will off-site parking be provided? E EY
Will “shuttle” service to parking be provided? By whom?
____________________
3. Streets/Traffic: Will any Street(s) or sidewalk(s) be closed? (If yes, provide location onsite plan.) Signs, barricades and traffic control plans will be the responsibility of the applicantand will be required in conjunction with Lee County Sheriff’s Office, Public Works andthe Fire District for review and approval.
Note: If any traffic will be affected on U.S. 41 a separate permit must be filed with the FloridaDepartment of Transportation, District One, P.O. Box 1030, Ft. Myers, FL 33902. (239) 694-2941
U:\Admin Assistant\Mmin. Assistant\Forms\Spccial Event Permit Application w-Ncw City Logo & Check Boxes.doc
Page! of 3
Yes No
4. Noise: Will there be amplified music or entertainment? If yes, please attach type(s) ofEniertaimnent and time(s) of performances(s). Indicated stage location(s) on site plan.
5. City Co—Sponsorship:Is City co—sponsorship being requested? If yes, please explain with letter of attachment, Hlisting henefitting organizations. 4id. Q_dr&—
6. Fireworks: Is this a public
_______
or private display? Applicant must complywith State Law F.S. 791; and NFPA 1123 and obtain any applicable Lee County permit.
7. Banners, Signs, Etc.: Will exterior banners, balloons, signs or other types of advertising fltechniques be used? Temporary signs may only be placed in accordance with the SignOrdinance.
8. Alcohol Beverages: Will alcoholic beverages be sold
______
or consumed
______
on thepremises? Please check one or both. A copy of the Florida Beverages Commissionpermit is required to finalize before event. Permit Holder:
______________________________
Division of Alcoholic Beverages and Tobacco: (239) 278-7195.
9. Security: Will private security be provided to protect exhibits, equipment or facilitiesbrought on-site for the event? Name of Company:Contact Number:
____________________________
10. Private Property: Does the applicant own the property where the event is to be held?If not, please attach a letter of permission from the property owner.
11. Public Safety: Will Police and Fire District Personnel be requested? (Based on responsesto questions 1-6 certain Public Safety personnel may be required, i.e., Lee CountySheriff’s Office, emergency services, fire, etc. Once staffing needs are determined,applicant will be required to provide copies of its contracts detailing obligated pu)ipsafety staff necessary for event. WuLt ou(cAjtitL j / Lee Co. 1Ffj!
12. Tents/Canopies: Will tents or canopies be used? If yes, indicate on site plan the tent size, Hlocation, and type of surface on which the tent(s) will be installed and intended use of eachtent.
/13. Air Conditioning Units/Power Generators: Will exterior air conditioning units or powergenerating equipment be operated from vehicles or trailers? If yes, indicate locationof equipment on-site plan.
14. Food/Cooking: Will food he cooked
_______
catered
_______
on-site during this event? HIndicate on site plan the location of vendors and cooking equipment to be used.(Appropriately rated fire extinguishers required.) Lee County Health Department approval isrequired to finalize permit before event. Environmental Health Section: (239) 332-9559.
U:\Admin Assistant\Admin. Assistunt\Forms\Special Event Permit Application w-Ncw City Logo & Check Boxes.doc
Page 2 of 3
Yes No
I 5. Sanitary F’acil it ics:
Will temporary sanitary facilities be provided? If yes, indicate location on site pian.
Will disposable cardboard trash receptacles be provided? If yes, iiidicate on site plan.
Will additional refuse containers/dumpsters be provided’?
If yes, by whom:
16. Insurance Requirement: (Events on City property or City co-sponsored) Please provide the City of
Bonita Springs with a Certificate of Insurance for property and liability coverage of the event, namingthe City as additional insured. (Liability -$1,000,000 each occurrence. S2,000,000 aggregate; Property
Damage - $500,000). Must be provided to finalize permit before event.
DURING REVIEW BY VARIOUS CITY DEPARTMENTS, ADDITIONAL CONDITIONS MAY BE
IMPOSED. THIS PERMIT IS VALID ONLY FOR THE TIME INDICATED ON THIS PERMIT. IN
THE EVENT THAT THE APPLICANT FAILS TO FULFILL THE REQUIREMENT(S) AS SET
FORTH IN THIS PERMIT OR FAILS TO OBTAIN PROPER AUTHORIZATION TO PROCEED, IF
CONDITIONS HAVE CHANGES, OR THE EXPECTED OUTCOMES, IMPACTS, OR
SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO TIME AND ACT!VIES, THE PERMIT
MAY BE CANCELLED BY THE CITY MANAGER AND THE ACTIVITY SHALL CEASEIMMEDIATELY.
I, the undersigned, will indemnify, defend and hold harmless, the City of Bonita Springs, its agents,
employees, officers and any and all other associates, from and against any and all actions, in law or in equity,
from liability or claims for damages, demands or judgments to any person or property which may result now or
in the future from the conduct of this event.
The dersigned has read and olun arily signed the release and waiver of liability and Indemnity
Agreei ent, and furthe agr s that o oral presentations, statements, or inducements apart from the foregoing
writt i ag ement bee ma
- h Comments:Signature ofAcan Date
Comments:City Manager Date
Application Fee is non refundable.
tJ:\Adrnin Assistant\Adrnin. Assistani\Forms\SpcciaI EL’nt Prniit Application -Ncw City Loio & Chixk Boxcs.doc
Pate 3 of 3
1
Bonita SpiingsAssistance Office
January 24, 2012
City of Bonita SpringsAttn: Mayor Ben Nelson Jr. & City Council Members
9191 Bonita Beach RdBonita Springs, FL 34135
Dear Mayor & City Council Members,
The Bonita Springs Assistance Office has partnered again in 2012 with The Townsmen
Big Band Orchestra to participate this year in the Big Band Concert in the Park planned
for the following days:February 5, 2012March 4, 2012
We hope that this event will he an opportunity for BSAO to collect some funds through
donations to continue serving those residents of our community who are in need. We are
respectfully requesting that the City co-sponsor this event by waiving all permit,
application and rental fees associated with this type of event.
Your consideration of our request would hc appreciated.
Sincerely,
Bonita Springs Assistance Office, Inc.
Marihel SlabaughExecutive Director
Townsmen Big Band Orchestra
Sunday, Iebruary 5, 2012 from 2:00 p.m. to 3:30 p.m.
Sunday. March 4. 2012 from 2:00 p.m. to 3:30 p.m.
L:\Special Lveiih lld Park CoordinatorVf’ownsrnen Big Band OrchetraVl’osnsmcn Big Band Orchestra List ol Dates 2012.doc
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0023AGENDA ITEM SUMMARYREQUESTED MOTION: Approve contracts with seventeen (17) firms submitting Proposals for Annual
Operation and Maintenance Services for Public Works, upon approval of documents by City Attorney.MEETING DATE: February 1, 2012AGENDA: REQUIREMENT/PURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS STATUTE
x CONSENT ORDINANCE
PUBLIC HEARING — ADMIN. CODE Daryl C. Walk, P.E.,APPEALS OTHER Public Works DirectorMAYOR AND COUNCILMEMBER’S REPORTSCITY AHORNEY
• CITY MANAGER
BACKGROUND:
August 30, 2010 — City advertises for new Annual Operations and Maintenance Proposals, and receivestwenty-one submittals.
October 2011 — Contracts with the twenty-one contractors expires.
December 2011 — Staff advertises for Request for Proposals for Annual Operation and Maintenance Services,requesting unit prices for miscellaneous work.
ATTACHMENTSSummary spreadsheet of submittals
(continued on page two)STAFF RECOMMENDATION:Approve submittals and enter into contracts with all seventeen (17) firms, with no minimum amount of work“guaranteed” for any one firm.
REVIEWED BY:
City Manager:City Attorney: . -
Departm:nt DirectoE1tOi...COUNCIL ACTION:
APPROVEDDENIED
DEFERRED
OTHER
G:\Green Sheets\GREENSHEETS - 20 12\02 Febniaiy\12-02-0023 Operations & Maintenance Contracts.doc
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0023AGENDA ITEM SUMMARY
January 17, 2012— Seventeen (17) contractors submitted Proposals. Those submitting are asfollows:
1. Aquagenix/DeAngelo Brothers2. Aracely Mendoza Lawn Service3. Bonness, Inc.4. Emergency One Electric5. Environmental Restoration Consultants6. Gerald’s Tree Service7. Hannula Landscaping8. Iowa Boys Lawn Service9. JRC Lawn Service10. Sunray Pest Control11. Lewis Lawn Care12. Maddox Construction13. P &T Lawn & Tractor14. Pritchard Construction15. Seaton Paving16. Sweeperman17. TSI Disaster Recovery
It is proposed by staff that a simple Form of Contract will be sent to each approved firm. Theywill execute it, and return it with insurance certificates and valid permits for execution by theCity.
G:\Green Sheets\GREENSHEETS - 20 12\02 February\12-02-0023 Operations & Maintenance Contractsdoc
.11
5I(T30.______PAYITEOI )E$CR$’TIOW SEll’ SIEIPOICE
.1.40000 r1004t.00$Il..E $I.P.(IT p.,n...9roo, .l.p.. Eo lp $0
_ki_ 4.,d00). 10FI00.100FF.0I.1. F00LY I $00 1,3 1350’ 50501
NoE$M00$*1 00).0.*200000.100$0F
art.. .E0. 90.0) ..O.4g $001.1 $_ $2400 1240’ 1400’ 9.3500 1250°
d0_0, bF00.,N.*4..(Ir). or Et.t. 0.,. ..ds50qa
10..1 d. 00O.10W..t59 10017 12400 50000 12900 14000 03500 13551 13500
01309199 0.yI.g1-4 ‘Yr...) nc4.d.. 300051100009. 04 $3000 $4100 15000 1.40 :.:
3)3091g&O.yln$
(Pt..) n09d.. 530.0 & 130.n9. TA $3000 $410’ $5007 140 X
l&dlta..o.40f. 090.110.00.0
$50990.4.. 000091.$0E.9000 P0000
J .*ROod .4.000.00.49 d4.F..W
1.49 L...00.rT. 04 1 97500 12000 1003,3 15000 50500 15- 3 1400’
L r.lrT.t. ES $ $1120. $4500 $23,333 $50, $29000 $3,-.- :.:
j, W.W 1,009 09 $ 17100 15500: 125000 $0000’ 1400
14$) ES $._ 12000. 14534 13,0310 0’ 0033
140 sr.ar Tnt. 04 ,,j00 130000 100100 100307 1548500 1253300
3,00515.00 ta & eq,Ap.swSt Iafr. 93,11050. 2.01, 45-8 5.).. .4.009
L-7 993000FlOding 9,.do 40-24304 $_._. $11200 $4500 $0500 $300
‘00 - 49 304 $ $22500 152530 523000 103000 $11
Ca,000. Old ta $ .5,4.0051 fl.0.0&0PF. 9)*19019019050.09000.0010 50
Pn.t,q 00 IF. Cl0 0090*. 10$4$l 0000.4 $ 4.00.900.4‘TI..) 09009.lit.. - 1... 9)00 4
—-- 4—9- .y — _J’ —
.L L09b&40.24d91.ot. 4197 922500 53500 $2300 $500’ $5507 14000 115000 15
L4C l9os* AA $3000 $5200 15500 12190 52300WaO .430., .q.p1s9n9. 9-bad.., Ia
V.g.9.00. R...ov9 401909.0070.195.10.94.140.1. lOll. 00LOT ‘Th,..(3)MaCr.w) HOLY $ $7000 $55030 $55000 145000 51010
1109. 00099104 , n5,.0°’05’. 9119.dOL l*tV*91300 0......) 000059. 90700.9 $1000094 4...a,. $0..ol
I-OF ‘F9- (1) II... Cr...) .190.d_..09.0.1 HOLY $________ j — — $7500. 1’0000
h099-95$5g00.l.. 00500.050 tp...4.9.190.1900.00. .,dla 4135000019 EPAcra.0e*10ISl0b.a. 00010051. a
1-9 9 bad. Aoa&t.n YOd10,W.ta) SF 1___0108.00.909 9-10t..9.4.0010 10.0.dl)*009019-.I.5. 4.90050.00.4.
9,10 ‘rI..0..8.l.00050 ‘5910.30l,0.1911 000009.,r00OF 0917 $_ —
PAY ITEM OSCRIPTION . -
Wed. .05000.910n071d9011,5 004.1000119
$1500 $2000 5I $2200
CI FY OF BONITA SPRINGS, FLORIDA
ORDINANCE NO. 12-
)Hl)INANCF OF H IF (:1 IY OF HONI IA Sl’RINGS, LL(JlUl)A, i\MENUING A
( )R I l( )N ( )F Fl IF FY ( )F UONI FA ;PRINGS ( OMPREIIENSIVE PLAN, AS
,\L)( )P Fl) IIY ( )Rl)INANCF No 1)2-16, AS AMENDED, SO AS 10 AMEND [liE
I Ii lURE I J\ND USE MAP. FOR [hAl SMALL SCALE L)EVELOPMEN FAMENOMEN F
I I U )S PAOOOO 1 KN( )WN AS PALM LAKE RESOR F” SMALL SCALE
:OMIRFI IENSIVE PIJ\N AMENDMFN F”, \NHICI I IS LOCA FED IN SEC [ION I
OVVNSI lIP 16 :;ou Ft I, RANGE 25 EAS F, El) REDESIGNA FE AI-HROXIMA FELY 1 5 t-/
,\(;HF; OF I AND FROM MODERAFE DENSI FY RESIDEN FIAL [0 MEDIUM DENSI FY
MI JL H FAMILY RESIDEN FIAL, I ROVIDIN(3 FOR FRANSMI F [AL F() FHE S IA FE L1\ND
I i\NNING At ENC’(, PROVIDING A CONFI.IC [S CLAUSE AND SEVERABILI FY
CLAUSE, AND PROVIDING FOR AN EFFEC FIVE DA FE, AND FOR 0 [HER PURPOSES.
WHEREAS, the City (.otincil ot the City of I3onita Springs, Florida recognizes the
we(I to plin for oiderly growth and development: mU
WHEREAS, Chapter 163, Florida Statutes, and Rule ¶)J5, Florida Administrative
(ThUe provide for amendment to adopted Comprehensive Plan: and
WHEREAS, City Council for the City of Bonita Springs adopted the City of Bonita
Springs Comprehensive Plan pursuant to l3onita Springs Ordinance No. U216, as
iineiidd, iii iccoidance with Ihe Local Government Comprehensive Planning Act; and
WHEREAS, the Bonita Springs Comprehensive Plan provides for adoption of Plan
Amendments with such frequency as may he permitted by applicable state statutes, in
iccoidance with such administrative procedures as the City of Bonita Springs Council may
adopt; and,
WHEREAS, Section 163.3 1 87(1)(c), Florida Statutes, provides that local government
comprehensive plan amendments directly related to proposed small scale development
activities may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan; and,
WHEREAS, small scale amendments to the Bonita Springs Comprehensive Plan may
he requested at any time by any party in interest, subject to the limitations set forth in
Section 1633187(1)(c), Florida Statutes; and,
WHEREAS, Section 163.3181, Florida Statutes further provides an opportunity for
ndmviduul to pu ticipate in the plan . irnendment publr3liearinq process: and,
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 17, 2012 PAGE 1 OF 3
U C,i Attorne’rOrrlinances’20i2\12 — ;cnp Plin - niIi Scale - F-iIm Lake Resort rioc
VV[iIRE1\S, Ili- ( aty has io(;eiv(-(1 111(1 rovioweil the apphic;itioii tor a Map /\rnendrneiit
to lie I—ott tie l.,intl use l:leinetit ul the City; Comprehensive Plan, and said proposed
.iiiiiidiiiiit t)Oiii() iOVit—W—d by the Cty’; Local Pl;inriinij /\gerlcy it a July )(Jve!t)sed
iTiOOtiit(J (iii .1. inu;uy 7, 2012, nid ;ubmnilted by :;tatf report, which determined such
pphc ition to be :t )nsistent with the oi nprehensive Plan (5 voting aye, with Mr. Forbes
‘IotiIl() iiy .iiid Mr Mills absent) .iiul •ippropn;ite to the titture land uses within the City;
Ii l( I
WHEREAS, tloriiLi 1ii1(jS City ( oiincil upholds the recommendations of the Local
l, iriiiiiuj A jericy that the proposed aiflendmerlt complies with the requirements of Chapter
153, Florida Statutes, Part II, itid that the proposed amendment is consistent with the
uinprehensive Plan and appropriate to the hiture land uses within the City; and
WHEREAS, the City Council of [3onita Springs adopted, pursuant to Chapter 163,
Part II, Florida Statutes, itter holding statutorily prescribed public hearing for the adoption
4)t the amendment being proposed at its February 14, 2012 hearing, approved a motion to
adopt said proposed amendment as more particularly set forth herein.
UHE CITY OF 8ONITA SPRINGS HEREBY ORDAINS
SEC T1ON ONE: SHORT TITLE.
FHIS ORDINANCE shall be known as the Palm Lake Resort FLUM Small Scale
Amendment” pursuant to the provisions of Florida Statutes § 163.3 187.
SECTION TWO: FUTURE LAND USE MAP AMENDMENT
Fhe Bonita Springs Comprehensive Plan Future Land Use Map, as currently
applicable in the City of Bonita Sprinqs, is hereby amended by redesignating the subject
property from Moderate Density Residential to Medium Density Multi-Family Residential as
described in the Revised Staff Report for the Small Scale Comprehensive Plan
Amendment, Applicant Palm Lake Resort on Bonita Beach Road.
In idditmon, the above-mentioned Staff Report and Analysis, along with all
attachments and the original Bonita Springs Comprehensive Plan Amendment Application
for this amendment are hereby adopted as Support Documentation for the Comprehensive
Plan, is currently applicable in the City of Bonita Springs.
3ECT!ON THREE: EFFECTIVE DATE.
Fhis Ordinance will not become effective until 3 1 days after adoption. If this
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 17, 2012 PAGE 2 OF 3
t’ Aitoriy\ rIin,inces\20 I 2- — Comp Plon - Smoli Scale - Palm Like Resort bc
)liIII1: I; l1ill-l JF 1)LIIIIII1t to l—kri1i ;tItIJt(s I(3.:3 i7 1ithui () ll’/S iltr
i(h)pti()I1, it ‘jVil IU)t l)((:iL1(- tfectv- iirfiI the ;t;tte i.JIBJ Pl;lvlnlfl(j Agency i)1 the
i\Iiiiiiistr;ition I oinis;iofl iIs)F;ti’Jly, i;si—s i iin;ii ( )rclr (I0t(rIT1iI1i11(j the ( )rdin;inc
5 Ii :oinpIiince ‘‘jith (..h;ipter lb., i—lorl(li StLtiItes.
3ECTION FOUR: SEVERABILITY.
If .iFiy provisloll or polton of this Ordinince Is (ieci1red by toy :ouit of competent
illiS(iI(tIohl to be void, iiI1()f15tItIItI0flii 01 liI1eI1f0rCeible, then Hil iIfl1Il1IIRJ 10VISlOflS Jfl(1
oi tions of this I )r liii;ince ;h;Ii rem;iin in Ii iii force find effect.
)IJLY IASSEIJ AND ENAC FED by the City Council (ii the (ty of Bonita Springs,
ilOrId1 this I)U
i;y of l:ohriiiry, 2012.
AU Ii lEN FICA HON
Mayor City Clerk
APPROVED AS 10 FORM:
_________________
City Attorney
Vote:Nelson Spear
Mcintosh Simons
Mmtin 1_onkart
ic h
Date Filed With City Clerk:
________________
DRAFT FOR DISC USSIbN PURPOSES
DATE PREPARED: January 17, 2012 PAGE 3 OF 3
.Is;rnp P!ui . Sin,iil ;;aie
— i-’ iin ike R-’soit bc
CI FY OF BONITA SPRINGSZONING ORDINANCE NO. 12-
A ZONING ORDINANCE OF FHE CITY OF BONITA SPRINGS, FLORIDA; INREFERENCE [0 WCI COMMUNI11ES’ PELICAN LANDING DRI/CPD/RPD FOR NOTICEOF PROPOSED CHANGE [0 THE PELICAN LANDING DEVELOPMENT OF REGIONALIMPACT (DRI #1-9293-121); EXTENDING THE BUILDOUT DAlE TO MAY 20, 2020,EXTENDING TERMINATION DATE [0 MAY 20, 2026, AMENDING VARIOUSCONDITIONS OF THE DRI TO REFLECT COMPLETION AND PASSAGE OF TIME FORCERTAIN ITEMS, AS WELL AS STATUTORY CHANGES TO BIENNIAL REPORTING;AND MODIFYING THE INTERFACE ZONE MONITORING REQUIREMENTS ON LANDLOCATED WEST OF U.S. 41, EAST OF ESTERO BAY, NORTH OF BONITA BAY DRIAND THAT PORTION OF LAND WITHIN THE CITY NORTHERN CORPORATE LIMITS(DRI RUNS [0 SOUTH OF WILLIAMS ROAD), BONITA SPRINGS, FLORIDA, ON2,749.7 +1- ACRES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Pelican Landing DRI has filed an application for a Notice of ProposedChange to the Pelican Landing Development of Regional Impact (DRI #1-9293-121) toextend the buildout date to May 20, 2020, extend termination date to May 20, 2026, amendvarious conditions of the DRI to reflect completion and passage of time for certain items,and ending the interface zone monitoring requirements which requires:
WHEREAS, the subject property is located west of U.S. 41, east of Estero Bay,north of Bonita Bay DRI and south of Williams Rd., Bonita Springs, Florida, and isdescribed more particularly as:
“See Exhibits”
WHEREAS, a Public Hearing was advertised and heard on January 17, 2012 by theCity of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board ofAppeals (“Zoning Board”) on Case 11 BOS-DRI00001 who gave full consideration to theevidence available and recommended approval as modified (6-0, with Mathes absent); andgave full and complete consideration of the record, consisting of the StaffRecommendation, the documents on file with the City and the testimony of all interestedparties. The January 4, 2012 Staff Report prepared by Community Development andevidence 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 BonitaSprings, Lee County, Florida:
SECTION ONE: APPROVAL OF REQUEST
A. City Council of Bonita Springs hereby
_________
the Notice of Proposed Change tothe Pelican Landing Development of Regional Impact (DRI #1-9293-121) to extend
DRAFT FOR DISCUSSION PURPOSES .
DATE PREPARED: January 26, 2012 Page 1 of 57U:\CityAttorney\Zoning Ordinances\12- Pelican Landing DRI 11BOS-DRI00001.doc
the btiildout date to May 20, 2020, as marked on the Fifteenth DRI Development
Order, attached hereto, which are summarized as follows:
1. Additional language addressing all of the amendments to the DRI that have
been approved.
2. Change in the buildout date from May 20, 2018 (approved pursuant to
Resolution 11-051) to May 20, 2020.
3. Reflect consistency with the City of Bonita Springs Comprehensive Plan and
vesting of the high rise” buildings under the administrative provisions of the
Bonita Plan (Section l.H.).
4. Change annual monitoring requirement to biennial monitoring and additional
language declaring that Spring Creek West DRI is built out (Section l.J.).
5. Revision to Hurricane Preparedness (Condition ll.C.10).
6. Revision of Transportation related to significantly impacted roads and
roadway links (Condition ll.H.1.).
7. Revision to the Interface Zone to eliminate groundwater monitoring
(Condition Il.K.4.).
8. Extending the date that the project is not subject to down-zoning, unit density
reduction, intensity reduction or prohibition of development until 2026 and
add the future land use categories from the Bonita Plan (Condition 111.11 and
14).
B. Bonita Springs City Council hereby finds that the proposed changes do not
constitute a substantial deviation from the original development approvals thereby
warranting further Development of Regional Impact review.
Findings and Conclusions:
Based upon an analysis of the application, Bonita Springs City Council makes the
following findings and conclusions in support of the recommendation:
1. The applicant has proved entitlement to the amendment of the DRI Development
Order by demonstrating compliance with the Bonita Springs Comprehensive Plan
(Bonita Plan), the Land Development Code, and other applicable codes and
regulations.
DRAFT FOI DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 2 of 57
U:\City Attorney\Zoning Ordinances\12- Pelican Landing DRI 11BOS-DR(00001 .doc
2. Fhe requested amendments:
a. have and continue to meet or exceed all performance and locational;tandards set forth for the approved uses within the development;
h. remain consistent with the densities, intensities and general uses set forth inthe Bonita Plan;
c. remains 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, as conditioned, will not place any additional undue burdenupon existing transportation or planned infrastructure facilities and the site remainsserved by streets with the capacity to carry traffic generated by the development.
4. Urban services, as defined in the Bonita Plan, are available and adequate to servethe previously approved land uses.
5. The approved mix of uses remain appropriate at the subject location, asconditioned.
6. The approved and recommended conditions to the DRI Development Order andother applicable regulations provide sufficient safeguards to the public interest.
7. The approved and recommended conditions are reasonable related to the impactson the public’s interest created by the development.
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, LeeCounty, Florida, this 14th day of February, 2012.
AUTHENTICATION:
Mayor City Clerk
APPROVED AS TO FORM:
______________________
DRAFT FOR DISCUSSION PURPOSES . .. . .
DATE PREPARED: January 26, 2012 Page 3 of 57U:\City Attorney\Zoning Ordinances\12-_ Pelican Landing DRI 11 BOS-DRI00001 doc
City Attorney
Vote:
Nelson SpearMcIntosh SimonsMartin l.onkartSlachta
Date filed with City Clerk:
______ __________
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 4 of 57U:\City Attorney\Zoning Ordinances1 2-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
t 11)l )R(OL)Ofll
Lol. Ian T,.jadInc1 fRI LOI?C - ‘j
‘- /
:X}4iF1IT A
Xi
I
L9çJaI Descrlpion of the PeIcnn Ljnding DRI area
within un!ncorpanted Lee County
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 5 of 57
U:\City Attorney\Zoning Ordinances12- Pelican Landing DRI 11BOS-DRI00001.doc
os(:nIPr(oN: I’FLI(AN I.NI)ING -
Acr OR rARtri [ AN!) [‘?1N0 IN C11ONS I .ND , rowsisir 47 O)I11l. RANGE
Isr, I iF (:ouNry. IlCIIIDA. WhiCh mACF OR IARCELIS H CFID[U Al fOLLOWS:
‘F(j(Nfh(}4() AT AN irITFRSUCFrON 0!’ 11W WTT lINE LW IAMIAMJ IRA!!. (SFA HI ROAD
4O 15) wIll! IUR .‘X)U1H I LN! I)!’ (fR IJN1)T WAD AS DIIflED IN ()I’F1OAL HIrOWI)
‘ iI( A U PA’ R 2 (l( (IF 1 lIE I’ ‘[hlIC RPU)RI OF 1.l’E COIINIY. fl ORIDA, 1I(FNCE
IU)ItflhI 00l(Y56 WF.T AlONG SAID VT’T 1DF IOR 62111 VFT 10 A poir op$AT11RP: UIIIINcE RUN sotrnwRLy AN!) Soil HEATERLY ALONG SAiD vFS1 LiNE,
FIlET AUI14G 1JIEAIICOF A CUhIVH FOI1IELE1T.IIAVINC A I!A1)IUS 5797 58 FEET.
IWITA ANGLE 01’ 10970(1. ((IIORI) IW.ARINf.i sour!! E4l1’1.4 FAST FOR 103914 FIIliT).
> ‘. 10 A t’OINT (If tN(WNcY: tHENCE HUN SOLON IIPO6W NAiT ,41.ONG SAID WESTERLY
I INE FOR ‘)l!(H FRET TO A!’! !NrPRSECII0N WITl THE SEUTTI LINE OF TIlE SOUTJTE4ST
UARfER (SB.I/4) OF SAID SECTION ; OLENCE RUN .8011181 kIi’0O” WEST ALONG END
011111 lINE FOR 708,94 FEET II) liPS SOUTHWEST CORNER OP SAID SOTJIT{EAST
‘UARTIIR (511-1/4) )E SIXTION 9 11II/NCE RUN WESTERLY ALCIN() SAIl) SOUTh UNl) (IF
11111 so!,FOIWE21T QLIARfl4L (SW-!/4) OP SEUTION 0, 4,315 PERT liORk OP. LESS. TO 1312
;o(rrHwPsT CORNER OF IllS SolIlil WEST QUARTER (SW.L,’4) OF SECTION 9 THENCE RUN
VPSTI3RLY ALAJNG THE 5(311TH LINE (SF THE SOUTHEAST QUARTER (SE-li’!) OF SAID
:PCTION I FOR I 538.15 FEET MORfl OR LESS TO AN ERSUCI1ON WIn! TIlE EASTERLY
I 3141) OF SIltING (‘REEK ROAD AS DESCIUBED 124 DUEl) 80015 305 AT PAGE 276, LEE
ou)Jrt RECORDS; TIIF1’WE CONTINUE NORTH 000717 EAST .4LONO SAID EAST lINE
I OR 343.54 FEETI T1118’4CE RUN SOUTH t93E EAST FOR 10.00 FEET; THENCE RUN NORTH
JU?I 3” EAST ALONG SAID EAST LINE FOIl 84937 FEET TO TIlE SOIJWWEST CORNER OF
lIE LANV I)ESCRIFIEI) IN OFFICIAL RECORD 8008.2039 AT PAGE 3564 OF SAID PUJIUC
I’ECORLr; TIWNcI1 ((UN 5011311 !1Q2 lOT EABI ALONG THE Sfl!,nH UNE OF SAID LANDS
(OR L1!I’IN tIlEl; Ttl9?1CR RUN NOEl II 000I’IT’ EAST AL.G 1312 EAST LiNE OF SAID
I.ANt)S FOR 12501 FEET; FHFNCR PUN NORTH 69H*2’ WRST ALONG 13111 NORTH LINE OF
sAID LANDS FOR 1510.98 FEET TO AN II1TEIULECTION WITH TIlE EASTERLY LINE OP SAID
P)UNQ CREEE IIUAD TIll RUN NORTH 000V!7” EAST ALONG SAIl) El.9T LINE FOR
292.76 FIlET TO AN INTERSECflON WillS TUE SCUll! LINE OF CfJCON’UT ROAD (5) FEET
.VflW) [HENCE RUN SOUTh (199 ff14” EAST ALONG SAID 50(1111 LINE FOR WillS FEIITTO
SN !NI1C1SIICI1ON WITh THE WEST LINE OP SAIl) SECTION 9; THENCE RUN NORTH
(0’39’iF’ WEST ALONG SAID WEST LINE FOR 25.00 PUErTO TIlE NORThWEST CORNER OF
TilE 110U311 WEST QUASTIER (SW-i14) OF SAID SEcflON THENCE CONTINUE ALONG SAID
VEST LINE NORITI 0r39’lr WEST FOR 500 FEET TO AN INTERSECTION WITIS TIE! $011111
I tHE OF SAID COCONUT ROAD AS DESCRIBED [N OFFICIAL SE(X)RD 11008. 17)8 AT PAGE
.538. SAIL) 1’UBUC RECORDS; THENCE RUN SOUTH 6P3550’ EAST ALONG SAID SOUTH
LINE FOR 1540.14 FELT5 THENCE RUN SOISI1TWESTEELY, 47.12 FEET ALONG F. HOW
FANUENITAL CURVE TO THE LITr. HAVING A RADIUS OF 10.00 FEET, A DELTA ANGLE OF
00O’0G”. (CHORD LJUMUNG SIJUTII 4S24’IO’ WEST FOR 4Z.43 I”EEl), TO A POINT 0!’
TANGENCY: THENCE RUN SOIFFII 2410 WEST FOR 336.)! FIlET TO A POINT OF
CURVATURE, THENCE REiN 424.12 FEEl’ ALONG ‘THE ARC GE A CURVE TO THE LIB’T.
HAVING A RADIUS OF 27000 FEET, .4 DELTA ANGLE OF 9O00’0O”. ((FIORD GEARING SCUllS
44”3550’ EAST FOR 381.84 FEET), TO A POINT OF TANGENCY; THENCE IWN SOUTH 8935’W
FAST FOR 99.41 FEET TO A POfl’FT Of CURVA11JRE THEMIE RUN 2)623 FEET ALONG 1112
C OF A CURVE TO THIS RIGHT. HAVING A RADIUS (IF 539.09 FEET. A DELTA ANGLE OF
2r425)o, (OIORD GEARING 50(111) 75”44’50’ EAST FOR 253.74 FEEl). THENCE RJN NORTH
?O’53’51 WEST FOR 741.16 FEET TO AN !)*TERSFISTHJN WiTH TUE AFOREM!N11O14HL,
CU ITT UNE OP COCONUT ROAD; THENCE RUN ALONG SAID SOUTH LINE 5013131 8WSO
LAST FOR 1,30122 FEET TO TIlE POINT OF 1IEOINNTNG.
PARCEL CONTAINS: 194.111 ACRES, SIORE (3K LESS.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 6 of 57
U:City Attorney\Zoning Ordinances12-_ Pelican Landing DRI 1 1BOS-DRI00001.doc
:AkLLthlli .O)•). 3;,I RAISI(JR I’MICEL UI’ lAND LIItIG IN LC liONS 7 Nfl I, Lt1WiN3LrrfI, EAt.ioI
‘ FAST I IF’ (07 OIlY, FF(i8 lilA, Which rPA(:I (IF (FLIt is
171)M I III’ NUll IJIWFAT F UIINNII F 0 I I-Fl ..C )U I1IWISI ‘pJAI(IFR fr’tii.( A.W.UcrIuN i IlIN ;iirH.i ‘)r75’ InS I 1tI).A1 IFIL, WISl I INE (IF SAID FRACTION IONii l) FUL’T 10 AN I TERSIECTION whit FilE ‘NHJihl I (NE OF C(XXIN1JT ROAD ($0 FIWT‘WILlIE) AlSO TIlE POINT OF BEGINNING.
FROM SAIL) POINT OF I3BGLNNING RUN SOFJIII W16’l4” EAST ALONG 3,411) SOUTH UNEfOR 1251.00 FIlET TO AN INTERELUI1OS WITh THE ‘VEST LINE OF SPRING CHEER ROAD,
HENCE RUN 11111 FOlLOWING COURSIS AND INSTANCI ALONG TIll WI3STI2ELY RKMF((I’-WAY OF SAIL) SPRING (JlEEK ROAD; SOI.JTH 0017’l7’ REST FOR 117.1$ FPRT NORTH5552’43 WEST FOR 1427 FIlET TO A POINT OF CURVATURR 1111114CR RUNc(AJTIIWL?STRRLY. 346.11 FIlET ALONG SAID ALC OF A CURVE TO Till RiGlrr. HAVING ARADIUS Of I 723.00 FEET, A DELTA ANGLE OF II’I I’09, (CHORD BEARING SOUTh 0S’52’5 I’WEST FOR 34622 FEET’). 10 A PODfT’ OF TANGENCY: 11IID4CE RUN SIXTh! L1912 WESTFOR I htSQ PELT TO A POINT OF CVRVAIURE.. rIIFl’IcB RUN SOtFT’IIW!$TEILLY. 934.96 pmrrAWNG TIlE ARC OF A CURVE TO HID ussr, hAVING A RADIUS OE 2400.00 FELT. A DELTAANGLE OF fl’W14, (CT{ORDIJEARING SOUTh-I 002W49” WESFFOKO2RD6 FEET), 10 AFOIFITOF TANGLTNG’i; ThENCE RUN SOUTH I4r4LN4I’ FAST FOR 231.56 FEET TO A POINT OFCURVATUEE fl1ENGE RUN SOIJT11EASTERLY, I ill 80 FEET ALONG 1141 ARC 01’ SAil)CURVE TO ThE RIGFII’, ILAVOIG A RADIuS OF *72340 FEET, A DELTA ANGLE OF 03’S6’4$”.(CHORD BEARING SOIrEE 0V4?25” EAST FOR I I h.7 FEET). TO AN LNT’ERSI1C1ION WTTIIflIP SOUTH LINE OF SAID SECTIONS; THENCE NUN “ESTELLY ALONG TIlE SOUThERLYLINE OF SAID SECTION I AND SAIl) SECTION 7 FOR 55)0.70 FEET MORE OR LESS TO THEWATERS OF FSTERO RAY; THENCE 11114 NORThERLY ALONO THE WA’I131S OP IIS1TROBAY FOR 6,483 FELT MORE OR [1138 TO AN INTFR3ECTTOH Will! 111! 140RTh LINE OP THEbUll HALF (5-1(2) OF GOVERNMENT LOT 2 01 SM]) SECTION 7; T14’7Cfl RUN NOWTH93FI5” EAST ALONG ‘TIlE NORTH LiNE (IF SAID GOVIIRNMID4T LOT S FOR 7,3 PF]ff MOREOR LESS TO TIlE NORTHEAST CORNER OF LANDS DESCRIDED IN OEPKEAL RECORD BOOK
845 AT PAGE J8I7 OF SAID PUBUC RECORDS; ThENCE RUN SOII ErSrj4s” EAST ALONGlilt EAST LINE OF SAID LANDS FOil FF9.30 FIlET TO THE SOUTHEAST CORNER OP Si..iDlANDS; I14IINCE RUN 140RTh 897,5’Sb’ EAST FOR 6(422 FEETI 112414CR RUN NORTHK912’I5” EAST FOR 2).O0 FIlET TO AN LITIIZSUCTION WITH TIlE WEST LINE.OP COCONUTROAD; 1IJENCE IIUN 50017T 01’07’45” EAST ALONG SAID WEST LINE FOR 41L63 FEET;I7IJINCE RUN NORTH 49’W0 EAST ALONG THE 51)15TH lINE OF SAID COCONUT RoAD,‘OR 24&9 FIlET TO lIE POINT OP LIEolt’NING;
LESS AND EXCEPT OFFICIAL RECORD BOOK 16T7 Ar (‘AGE 35(6 OF SAID PTJ&IC RECORDS.
PARCEL CONTAINS: 343 ACRES, MORE 018 LESS
AND
A PARCEL OF LAND LYING IN AND BEING A PORTION OF THE EAST IIALF{E-l12) OF THENORTHWEST QUARTER (NW-1,’4) OP SELTION I. TOWNSHIP 47 SOUTH, W3E 23 EAST. LEECOUNTY, FLORIDA BEING MORE PAR11C1JLARLY DESCRIBED AS FOLLOWS’COFAM1TNCTNG AT TIlE FICIEJTHWEST CORNER OP THE EAST HAIl - (B-112) OF 1145NORTHWEST QUARTER (NW-Ill) OF SAIL) SF.CTION I: IlIENCE RUN N 0100’ 4$” W ALONGTILE WEST [(NE OF SAIL) EAST HALF (E-112) 0)’ THE NORT1IWRST QUARTER (NW.U4) FOR1202 FEET TO AN IWTERSCTION WITH TIlE NORTHERLY IGKTO)LWAY LINE (IF
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 7 of 57U:\CityAttorney\Zoning Ordinances12-_ Pehcan Landing DRI 11BOS-DRI00001 .doc
GN4 o (A AINrM L); T1117’44 h RUN 4 41 P ALONG SAID IIJGHTiW
VAY F IThI () TIlL lOINI - IIF(,1NNIN(.
INT 01 IILOINNIFIG COFrnNUE S tcV” I £4 C 4Lu?1c; AlD IU(,IJT OF WAY A
4W I I 73 FilEr: I1IUNCE kIlN 14 Q1 4Y I4 W A OlSFAj1I67)8 FilET; TIIEI1CE
IS’ 16 £4 ‘V A DISTANCE OF 313.7% FFP-r rlIlr&[. lOiN 3 (II’ 44 s.c E A uisr,i’jc
J7 91 Fl-FT TO Ilili POINTflF DEGINNING.
PAlO I’j. U)NIAIJ1S 4 44 ACRPS. MORE OR Ii SS.
4140
ALL 01’ WTS li-I 1014000H -I2 AJSL) LOIS Ii2I IIlR4)UGH 11-32 UI’ I’LOMJJ)A ‘JUL1 LAND
COMPANY 3IJIJDIV1SJON AS RECORDEI) IN ?I.AT BOOK I Al PAGE 79 01’ rilE PUBLIC
TECORI)3 OF LC COUNtY. FLORiDA, LYING SOIIDI AND WEST OF LANIJB OF FLORIDA
OWI3R AND UCMT COMJ’ANY AS I C101313) EY 01041) RECORDED IN DEED BOOK 344
PA(IE 138 OF !ALD PUHUC R&X)lU)S, ALSo i)l , IIIXICK 4 01’ flhJ7rflLAf]O A(J04S, (AN
‘J.fCOPD0 S(JflVTIQN), AS SHOWN 114131041) NOOK 310 AT PAGP. £13 (IF SAIl) PUOUC
RECORDS; ALSO WEST HAIJ (W-Irn CI’ TIlE SOI)THWFST QLIARTT48. (SW.l14) OF SAIL)
;I4CTICE4 3 MID TIlE Wl!ST ElAtE (W-112) OF [HE N43IIThWIOT QUARTER (NW.IS4) OF SAiD
AIcTION 1 LYING NORTH OF (X)CONUT IOOAV. AM) All (IF (,OVFRNML!NT LOT I, s*m
I7CflON 7; AN!) ALL (4’ (1 dEINMIT LOT 4 AM) lifE S4)LITHFST QUARTER (SB. £14) OF
OlE SOUTHEAST QIJARTIiR (SE-I!4) OF SAIL) Fti1GN S AND HE PARCEL AS 1UOWN IN
,l’FIcIAL RIORD ROOK I 76) AT P/tOE 4171 P4 IBI.1C IIFCORUE OP LEE COUNTY, FLORIDA,
1ISCEJB AS FOLLOWS
(:oMhwNatI<i Ar nw sourusr CORNER OF AID Y(IIiIl-AiT QUARTER (311-1/4) OF
RCDON 6: TIIEFICE RUN NORTH lNr44’3’ WLST AWNO hF EASTERLY UNfl OF EAID
£E.AUflOl4. lOR £300.67 FEET TO THE SOIJTMDtSI CORNER OF lifE NORTHEAST QUARTER
NE-1/4) DI’ SAID 3OE.5UIEASI QUARTER (SC-I 4j SAID POINT BEING THE POINT OF
ROINNINO 01’ TilE HEREIN DESCRIBED PARCEL
IIIIINCE RUN NORTh 0r4r04- WHST ALONG THE FAS1FRL.Y LINE (IF SAID }1(ACflON FOR
201)6 FEET. 1I4EICE RUN 1)01! WESt IDE .‘49A7 IFFI; OIIENCE iwN oui sotrni FOR
2M) Fr: THENCE RUN NORTH Mr32Err WElt FOR NiO.7 FEET: tHENCE kilN 1OUTB
41’4NY4Y WEST FOR 52.3 ID FRET: DIENCE RUN GUN SOUl 13 FOR 37951 FEET; SIlENCE RUN
;ouTH £491632” [lAST. ALONG TilE SOUTHERLY LiNE OF THE AFORESAII) FRACTiON OF A
ICT!ON, FOR 1319.46 FEET TO THE I’CANT OF AIIOINNING
4RAKINGS LIERFJNADOVE MENTIONED ARE EAAIIE) ON srAlE PLANE cogiwetArEs
11114 FLORIDA WEST ZONE
PARCEL CONTAINS: 37 ACRES, MOIRE 01 LFSS.
DRAFT FOR DISCUSS ION PURPOSES
DATE PREPARED: January 26, 2012Page 8 of 57
U:\City Attorney\.Zoning Ordinances\1 2-_ Pelican Landing DR I 11 BOS-DRI0000 1. dcc
HIBIT
I j) D .scnpion of the P&ivn Lending DR orea withinthe City ot fonta Spriricts
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 9 of 57
U:City Attorney’Zoning Ordinances\12-_ Pelican Landing DRI 11BOS-DRI00001doc
REE1VEDl)IiRjfT1Qj; PL[Jt’AN I.,NI)lNG - <‘IFV
i’r\LlLLkLA lIlAI i’ ltj.I. )FLANI) !.YTN(; TN 1I Ut)’ Il[I1 M)IJltl
AN( f 13 IA’, I 3’ fTJLJN1V. 1 LL)RIfp3jW3T t5E’!ARIE1 S i’i .sritiu 1) ‘.
IIIljOVS
IF(INNINIJ Al YlII NORliIWlS1 U)R.NIR (W ml! NUKL1TI!J%SF qti4xiu (NE—l.43 c)F
:3 CUON 36. lIILNCE RUN 6011151 IAD2 54’ Wl.SI AWNO IllS WFST LISlE OF AJ0
l.)1tTlWA:Il’ t)UARTPR (NF.-114) ZOR 21,43 9 FEET TO Till! SOUThWF3T CORNER OF TIlE
:IORII4EAST QIJAWII]L INI?-114) (Jr SAIl) 6ECTION: I1IENCE RUN NORTH S°90’31’ F.AST
ALONG Till! SOUTH I INII (W SAID FRA(.TION FOR 611.116 FHOI IHRI4CE RuN SOUTH
IlrOó43’ 11A47 FOR 1131591 FEET; T1{FNCE RUN NORTh 1r156’43” EAST FOR 14441 FEET TO
AN INTERSECTION W111I TEE WEST lINE OF ‘TMdIAW ‘fR.AI[. ThENCE RUN SO1IEE1Y
AI.OP’IG SAID WEST LINE, 50.2! 1-TiEr ALONG TIlE ARC OF A NOI{. TANGENTIAL CURVE 10
11(12 RIGHT. HAVING A RAOIU OF 5819S1 FIlEr, A 1)I1TA ANGLE OF Q0L3Ø4y, (CHORD
11 EAIUNG sOuth oozros EAST FOR. 50.21 I’SEfl TO A FOINT OF TANGE)Y; I4CL RU?”
OUrhI OO%’4Y EAST ALONG SAil) WEST UNE FOR 40.81 (‘TiLT; ‘FIUINCF RUN .5011111
t’P0643” WEST FOR 300.00 FEET; 1IIENCE RUN SOUflI 00’116M3” £it1St FOR 1445.04 FEET TO
.N INTERSECTiON WITH THE SOUTH LINE OF IRE SOUTHEAST QUARTER (SE 314) OF SAID
SECTION i6 TTIIINCE RUN 5011111 l3016’54 WEST ALONG flf5 5011111 LINE OF SAil)
IEACTION FOR 25941 FEET TO THE S(JIITHEASI CURNER OF 11IE SOUTHWEST QUARTIlE
(SW 34) OF SAIl) SECTION 16; THENCE RUN SOUTH TE38’34 WEST ALONG SAID .500171
LINE OF SAID SOUTHWEST QUARTER (SW 114) FOR 1627.98 FEET ‘CO TIlE NORTIILAST
Cr)R}JER OF SALT) SECTION 20; 11IENCE RUN SOUTH 0O372S’ EASF ALONG TIlE EMiT LINE
OF SAiD SECTION FOR 2659.47 FEET TO TILE IDUITIEAST )RNER OF TilE NOR11IEAST
QUARTER INS I 4j OF SAIl) SEC11ON; I3(Ei-3CE KIlN NORTH 8852’49 EAST AlONG TIlT
OORI1I LiNE ‘F 11112 SOUTTIWETI QUARTER S’W 34) OF SAID SEC11ON 21 FOR 2,043)41
WET. I1IENCI! RUN SOUTH 0Q5IW EAST FOR Dl 04 FIlET, MORE OR LESS TO THE
WATIiRS OF SPRING CRBI2X5 THENCE RUN WIJSThRLY ALONG SPRING CREAK FOR. 3.630
lirE MORE OR LIl. TO AN ftIFCRSECTION OF 11(1! EAST LINE OF SAd]) SECTh)N 20 ANT)
I1IE AFPKOXIMATE CEN11RLI OF SPRING CREEK THENCE RUN ALONG SAID
rJ2(IbRIINE TilE FOU.OW(NG COURSES. 501)111 7V5(7047’ WEST FOR 181.31 FEET, NORTH
.14’2412 WEST FoR 230.22 FEET, NORTH 3059I2’ WEST FOR 17493 FUEl’, NORTH 3425’IlF
LAST FOR (21)53 FEEt, SOUTH 6y47’4r EAST P0K 239.32 FEET. NORTH 1r24’43 EAST FOR
65 Ii FilET, ?1GR111 759147” WEST FOR 353 7! FEET, NORTH 65’09’33” WEST FOR 451 II
fT13T, NORTH 84I 944’ WEST FOR 353.75 FEET. NORTH W54Jl’ WITHT FOR 445.79 FEET,
.3011TH 6)24’43” WEST FOR 134.16 FEET. SOUTH 4lJ’2Y22 EAST FOR 170.29 FEET, 9011114
0’30’i7” WEST FOR 220.23 FEET, NORTH 84’4043’ WEST FOR 333.36 FEET SOUTH 62’13’07’
WELIT FOR 234.7) FEET. soirrii osir WEST RIR 293.55 FWT. SC)EFI’II 721Y1 I WEST FOR
131.22 FEET TO AN INWRSHD’TION Wfl19 TUE LAST LINE 0? tUE SOUTHWEST QUARTER
(5W-114) OF SAID SECTION 20; ThENCE RUN NORTH 0050’I WEST ALONG SAID EAST
I.J)4E FOR 320.110 FEET TO TUE NORTHEAST CORNER OF SAID FRACflON; THENCE RUN
SOUTH fl957’ WEST ALONG TUE IOWTH UNEOF SAL!) FRACTiON TOt 290.00 FEET TO AN
:Z4TERSECflON WITH THE API’ROXIMATE CENTERLINE OF lifE MC$T EASTERLY DEANCIi
OF SAID SPRING CEEIUC. THENCE RUN ALONG SAID CENTERUNE THE POLLLlWINcl
COURSES; NORTH orinr WL$T FOR 137.34 FEET. NORTH 29’0r22” WEST FOR 590.39 FEEL
NORTH 53I’W WEST sm 275)33 T1, NORTH WEST FOR:234.93 FEEL NORTH
37IR’18” WEST FOR 28601 FELT, NORTH 32’3105 EAST F0R25239 FEET, NORTH 209300
ISAS1 Flit 236.69 I’EET. NORTH 27’23’47’ WEST FOR 34925 FEEL,PJORTH 991 5’43’ EAST FOR
60 FEET MORE DR LESS TO TIlE EASTERLY SHORE OF SAIl) SPIUNG CREEK: THENCE RUN
UiPJQ SAil] EASTERLY SHORE FOR 1220 FEET MORE OR LESS It) AN INTURSECJ1ON wmi
(lIE NORTH LiNE OF SAID 5W’flON 20; ThENCE KilN NORTH S1Y13 HAS? ALONG SAIL)
iIORTH LINE OF SAIl) SECTiON FOR 570 5551, MORE OR LESS TO WE NORTHWEST
CORNER OF THE NORTIJEAST QUARTER (NE-Ill) (IF SAID SECTJOI( 20. THENCE RUN
NORTH 0031’30’ EAST ALONG WE WEST LINE OF TUE SOTJIIHIAST QUARTER (SE1/4) OF
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 10 of 57
U:\City AttorneyZoning Ordinances\12-_ Pelican Landing DRI 1 1BOS-DRI00001.doc
All) IA;rlcJN ui O1L IN Li.l Ii) I III rIcLwrIlw)5r ( JRNEK LW
$JAKIIR 4) IIIFNCI lOIN r’N)KflJ 7rA,r AI(JN(i 1111 WFS’)l4,OF 1l
1I)K1 1WA.% I I,)1I%kI I-K Nl-Ii’U LW SAID L9iGN I’ LWi ‘U) Fl-El 1) AN 40111 LII I I3RIU .UUIHIJILV LINE F irRlN 1;uu:K IWAI) II’ 3IJN /
.4URTLIIUV’.L 101 ‘I INI) ()l(rIIIKp.y, 1131 0 FLET AI.NO TUE ,\IIC (IF A
I I-I IIV1( . JIAIIIIJS I)- I 10.1)0 I-FIJi, A UW.J N4.I.E I)) !0Il2l(, (IIIORD IF.
:44)WIH JYl9O LAS) I OR I)1)6,J) HFi) FSllil(CE RUN NORm 01r52i12 WI-Si’ FOR 0
IF11T nII;N(;F HUN NtIWI)I II0’U’i’5I1” I7AST IJJNG TIlELASTERLY liNE OF PRTh CRELIL
11)/il) (50 FEE)’ WIL)L) FOR 1611.63 FI1ET TO AN. .RSECflON wrw TILE NOW)’)) UNII OF
lIE NORI1LEAST QUAR IliR (Nfl- 1/4) OF SAID EU11ON I?; 1IIPNCE RUN EASTERLY ALONG
‘AID NORHI lINE OF 11W N0RTME%zr QIJARTIiR ((EI(4) OF MD ‘EC11ON 17 AND
411)14(3 11W NORTH UNIl OF Ill)! NORI1IWEST QUARTER (NW- ‘4) OF 1D SEcflON 16
ma 4,5 Is )-TF MORE OR USS To flit! P01W)’ 09 nEcJINNrNc.
ro(315TIIER WITH tIlE RIGHT FOR I GROSS AND P0911115 OVER TI-IF. FOI.LOWJNO
SGRIBL3 PARCFL
A TWP OF LAND 60 FEET IN VflYrF1 LYING 30 PEEr ON EALII 5113€ (1)’ TIlE EAST ANT)
VEST QUARTER SECTION LINE OF SID11ON II, TOWI4SIIIP 41 soiiflI. RANGE i5 EAST,
mnINc FROM ‘II11! J nIw148r CORNPR ()T TIlE EAST hALE IE.112) or TIlE
OVTIIWFST QUARTER (SW. /4) OF SAID fIECFION TO TAMIAMI [RAIL (U.S 4)).
PARCEL. COWrAINS 909 ACRES, MORE OR 11155.
AND
$(EL I-I)A OlACT OF. I’.RCFL OF LAr’L) LYING TEl SECtIONS 17 ANt) IN. TOWMII(W 47 SOIJTI.
RAF4OE 25 EAST, I.EE (‘O(INTY. FLORIDA, W1IICH TRACT OR I’ARCEL IS DESCRIBED AS
lOULOWS:
!IEOQ{N!NG AT TI!E INTERSECTION OP THE WT UNE Or SrRINO CREEK ROAD Tfl4 THE
NORTII UN)! OF SAID SECtION 17, T1H RUN THE IOLLOW(N(J COURSES ANt)L)JS,Aj4(’J33 ALONG 11(5 ‘4TSIERLY TuGrrr-OF-WAY OF SAID s’pini CREEL ROAD.
:‘ITENC,E kIlN IOtJfflESTfl1LY. 20640 ALONG AN ARC OF A NON-’rANoEI’i-rIAL CURVE TO
11611 RiGHT. HAVING A RADIUS 01’ 1T25,00 FEET, A DELTA ANOLE OF ‘7651’IS’, (CITOIW
UEAIJNG SOU’IlI orl2YE-AST FOR 20621) TO A POINT ON A NON-TM4OR4TL4L UNE
THENCE IUJI4 SOUTH 599r02’ EAST FOR 16.47 FEET. TUENCE RUN SOUTH 000T5 WEST
jOE 1406.64 FEET’ 11IENCE RUN NORTH I9Z2 WEST FOR 3i)0 FEET TO A JhI?()’ or
TANGENCY: ThENCE SOUTHWESTERLY, 140931 FIlET ALONG TIlE ARC OF SAIL) CURVE TO
tHE RIGHT HAVING A RADIUS OP 1070.00 FEZ!, A DELTA ANGLE OP 7527’33’• (CHORD
3EAIUNG 5(111TH 3751’54 WEST FOR 130962 FEET TO AN TECFE1)SECflON WTH THE
NORTH RIGHT-OF- WAY 0? 430 FOOT WIDE ROAD AS EECO(U)W IN 13121W 000L 203 AT
PAGE 276 OF TilE PUBLIC RECORI)S OP LEE COUNT’!. FLORIDA. THENCE RUN NORTH
459O WEST ALONG SAID RIGHT-OF-WAY FOl iii ai LW)’ TO AN INTERSECTION WIUl
THE EASTERLY LINE OF LANDS RNOWN LOCAlLY AS SPRING CRFEK (ISTArES. AN
UNRECORDED PLAT THENCE ALONG SAID LANDS TII FOLLOWING COURS AN!)
r)ESTANCP.S: ETOR1IT 0(r4033 WEST FOR I0.00 FEET’ sotmi h9197i’ WEST FUR 315.06
11111 TO A POINt (‘II- CUK’A1(1Kh1 J1IENCE ALONG TIlE ARC OF A CURVE FElL 211.02
hEET HAVING A RADIUS OF 590S)0 FEET. PELTA JiNGLE OF 33’56’2r. (CHORD SEARING
iOUTH 73’u2’4r WEST FOR 227.66 FFET) 0SflI J’W35” EAST FOR 167.10 FEEF ANt)
:013TH 3I3l’00 WEST FOR 11070 FEET TI) THE NORTHEAST CORNER OF LANDS
,IESCRIBEV IN OFFiCIAL RECORD BOOK 1194. PAGE 1085; THENCE WESTERLY ALONG SAIDLANDS AND WATERS OF A CANAL. 106 FIlET, MORE ORJJISS TO THE NORTHEAST ORNER3)’ SAIl) LANDS DESCRIBED IN OFFICIAL RECORD ROOK 05’), PAGE 38; THENCEmLflHWESTRRLV AND WESTERLY ALONG SAIL) LANDS AN)) SAID CANAL. 400 FEET MORE
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 11 of 57
U:\City Attorney\Zoning Ordinances12-_ Pelican Landing DRI 1IBOS-DRI00001.doc
O oIl jU3 ro rilE 14014 111W[ST CORNER OF LNV5 I) (.;RIH1D IN OIIICIAI. 44ICORI) 1100k
‘ e’iiI s 1141 N..t soLJuIWI-SIETtLY ALONG FIFE WAIF US 01 A (ANAt, 4 II LI
?\To I IF SOLJI1I UNE OF SAIl) NORTh HALF (N-I(ZI OF ‘AILJ I’CTION I?.
‘ Iu:iLt’lImi 9 q8- WEST (OR 66.37 FRET TO flU! IMT (JUARITR CORNER OP SAiD
Il4 i1IL6CU RUN 10U1!1 WJ3’IT WEST ALONO TiFF 5043T1( LIt-IL UI’ SAID L1Yr 2
411Nff FIFING 1111 lF,ThIS OF IIEA1UN(iS. 101’, 1211.12 1 I’lT. ;Mv LU’IE lIhINO ISlE
iTflFRI ‘,‘ IowLRry I INE 10 A IIU1.K}IRAI) NE 4,SII.iNIIFI) iy ?AUL r
,jJ’ tIFARUAW ILORIDA PRLIFFSSIONAI lAND SI)RVFYF>I& 01916 AND HillY ,‘,I’I’ROVP.D ISY
I lIE CTJLINTY OF 1FF ‘IN SEFIENIWR 17, I97 AND FilE SlAtE OF’ I’IANIIDA ON NOVF.MI3ER
ri 96? (HENCE 1111! rUX,w1NC, COURSES AND DISTANCES ALONG SAIl) IIIJLI(HIL*,ti
(INF THFNCE NU)R Ill 1h’4D15” ‘VEST FOR 26300 FIlET TO A FOINT (If (:UR.V.4TtIRE’
I I (ENCII Al ONC [HI AJIC (IF RAiL) CURVE, nLcS FELl, HAVING A RADIUS OF ‘2(L0I) FEET.
A IMILTA ANGI 1 OF 37?fr0” (C)IORD 1IE.R1NG NORTh 7’2191r WEST FOR 51291 FITET)
10 A I’OINT OF IANGF.l’ÔCY- PIIENCE NORIN l9’2FI5’ WEST POX 301.74 I-FEE TO A POINT
oF CURVATURE. HIUNCE ALONG TILE AUC OF SAID CUIIVE, 104.14 FEEl’, HAVING A
l.A1)IUE OF 104)43) I-LET, A DELTA ANGLE OP WSW2O’, (CHORD BEARING NORTH 411441”
VEST FOR 99 16 FEET), [0 A POINT OF TANGENCY; TI1S NORTH 79’II’3S” WEST FOIL
144 73 FEET 10 A FQIN OF CURVAflJILE rT44CE ALONG 11113 ARC OF A CURVE FOR 56,48
i-EEl’, HAVING A RADIUS OF 100.00 FRET, A DELTA ANGLII OF 12I’4, (CHORD EEARiNG
0OWflI W19’15’ WFST FUR 55.74 FEET), TO A POINT OF TANGENCY AND AN
I’1rERS1T1ON ‘.V1[H THE WArERS OF ESTERO HAY THENCE RUN NOWDIERLY ALONG
1145 WATERS OF FETERO DAY FOR !,270.FHET MORE OIL LESS TO AN IN’[FLSFCiiON \VTTh
1115 NORTH LINE OF TIlE NORThEAST QUARTER (NE-iN) OP SAIl) EECTTON 184 THENCE
1jJF4 EASTERLY A LUNG SAD) NORTH LINE ANT) ALONG 11-IL NORTH LINE OF SAD) SECTiON
C’ F-OR 5,530 FEET MORE OX LESS TO WE?OINTCJFBE4J(NNR-lG.
PARCEL CONTAINS 304 ACRES. MOPE DR LESS.
A JISAC1’ OR PARCEl OF LANI) LYING I4 GOVERNMENT LOT 3, SECtION 13 AND
,OVERNMLNT LOT 2, SECflON 24, TOW1W 41 SOUTH, RANGE 24 EAST, 1310 IIECICORY
ISLAND, LEE COUNTY, Ii..O[IEDA WIHCII TIL’ICI’OZPARCIII. IS DESCRIBED AS FOLLOWS:
FROM TIlE CENTER 4W A TURNAROUND ON STATE ROAD NO. 865 (BONflA HITAChI ROAD)
‘IIING SRI). SrATION 19)14.75 AND N 24’ 1’ 41” W ALONG THE NORTHERN
‘ROEONGAfl0N 4)P SAID (.ENTEILLINE OF STATE ROAD NO. I’OR 26&00 FEET 11JENCR RUN
62’ 26’ 49” W 98.40 FEET: THENCE RUN N 27’ IT II” W FOR 1863.42 FEET; THENCE RUN N 20’
iQ’ 41” W FOR 140130 FEET THENCE IWN N 63 O 09” 13 FOR 31191 (‘NEt TO THE P015-Er OF.
IIEGD-Th4fl’IG.
FROM SAIL) POINT OF aEGINNFN(.1 RUN N II’ W ii’ WFOR97iI FEET, NW 26’ 2Y’ W FOR
100.53 RIIIT.N 23” 09’ 30” W FOR 100J4 PESI’,N 14’ SF 19” W FOR 731)) Fl’, 94 27 40’ 10” W
SOIL 81.01 FilET, N 29’ 1r5rWF0R441)l FEET,9422’ 1453 W FOR47I7FEEr,N 20’39’2Y’
W FOR 46.91 FEET, N LI” IS 3 W FOR 29.S FEET, SI 25’ 10’ 4G’ W FOR -4601 FEET. N 09’ 99’
31” W FOR 4826 FIlET, N 17” 3536” W (OR 4604 FEET, N 12’ 49’ or w 1CR 50,04 FEET N 29”
‘0’46”W FOR 69.12 FIlEr. N 20” 48’3r WFO 382FT,THENCI3RUNN792Y5i’ WTOX
247 FIlET MORE OR LESS TO All INTERSECTION WITH lifE APPROXIMATE MEAN 111GB
WATER LISlE OF TUE GULF OF MEICICO THENCE RUN NORTHERLY A1’8) NOETTIEASTERLY
ALONG SAID WATERS I’OH, 1140 FEET MORE OR LESS TO AN INTERSECTION WITH THE
013114 LINE OF [.AI4US I)EECKUSF,D IN OFFILAL RECORD BOOK 191 A? 18101’ THE PUBLIC
EJICOROS OF LEE COUNTY. FLORIDA; THENCE RUN ALONG SAW SOUfl( LINE ALONG TILE
ARC OF A CURVE TO TilE 131431ff OF RADIUS 1)00O FEEt FOR 713 FEET TO AN
INTERSECTION WITH TilE WATERS OF NEW PASS; TIIENCI( RUN HJUI1IERLY. EASTERLY.
:oUiNWESTERLY ,‘,NI) SOUtHERLY ALONG SAID WATERS FOR 4001) I-LET MORE OR LESS
- DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 12 of 57
U:\City Attorney\Zoning Ordinances\12-_ Peilcan Landing DRI 11BOS-DRI0000I .doc
.jj6uipuwjUEDUOd-\SaoUeuipio6UIU0ZVa1JJO14Vkii\:fl
O8&d‘9AJY)UP:G1VdNd3.LVO
SSO&1fldNOISSflOSIQNOJ.LJVJQ
,
—7;,Sfl)1OSiEUOS4flIV9O11INIVINO:’
lN3UYIGJOjNJ0I3111.01.SS!T1l{OfOl(.t711r4CRCu1i\9
NrnI3)t{JIUDN1RNiSY1fl10SNIOdSift]ItOflO)IIU.9flSNd(flYU..OvAX).9NDI(HJV
awTViW,N0ftiSiIUiNVoisssnioio;i3ircctoitgrtEvCm’s9flT
A’flhll[L)ff)tZ33cu!.!AVuT013Lc-IC,I5]IVA’31LTDiSTIII3O1H()IS131-IKI1I
nnitmoswvscr!v.ou
NFPJSi.JNSDLI.1SQdOr)3Z1A1N1)O’‘L1IIJS)VdJV9t0IO0U(JIOJflf‘I)I4l
NJO3ffTh)ESlc11NViR0SHInFUnOS5111.11tii\N0tL.SiW1aLNINV01j3-I1I-OS
!J•,i’i’.fOIISNmflJ3N1flIL1:HIcoswiMildj:tq1IL1..LM±CIOcd)rIi
sMini51)143111j•i:i1rnn-iIr4rINancul.Ilull“(lIf,1-IIRi
1.t5I5Ni’l)IEIDN’IILI1311911’,)1.I5iiitis:141)145)141141415)145-fl).1N1(.i(CCV’.*‘({I’l.
(IN\
‘JINNl’liiiIi).INI’.C
(IISS4I44)115.41)4If-Il155ill)I.liii(Wi.1))1)1-I4W.141U4)14IN5.1I5.il(I41)
11(5.II’)I(INIII‘NI’;%V,IDIJ\5Jlilu‘iN‘u2IUV-Jli(HI’!VliiIA’.Ii1)li:I’)4(I‘1514V(1)
(HIF3IT •(•
LaI Jtiip4lorio1 ‘tie PICin 4xj DFI cei
rcoiiipassod hy thc Sprrnq Cnk Nt OR
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 14 of 67
U:\City Attorney\Zcning Ordnances12- Pelican Landing DRI 11 BOS-DRI0000I doc
ILjNjtRFFK”),i
Ii I I’ Ui(i[ 1 I ‘.‘Il’ I1 IN IL IILC’d (47.’IIII I’
‘i ITT IIINIIA PktI4i,’, II I TIIN!V II 4(I)i IIrLNI, III ,4 RIflIP V.1
s. 1141 ‘4( 2IIIV..i sr ‘.Nfl4 F ; ‘ir) 4JC1 10’) 4. Iii t’4 r 4N’ (44
‘I i)’)t, 4F t4(IR Iii LINE If flu 74 IFiW4’[’I 4t’ \Rf 414 54?,’ II iF 4 %([) 4FIJTtON 74
R :i’ ‘} f•*i a IUEt.JkI1Ltsi i..u4&, Rub 11i ?4iR1 W4_Si )IARLLII W Ii (It
.L) 1t I H IN 24, I’,U4(.L RuN 0’ &‘I’ F. 41.1)411, III ‘)R Ill 1.4.4.. ul 4111:R[lrI(A.T I2U1LTJIft N-I44 ‘II ‘.AII-1iLtflJN I 1I)R 41P 44 miT PJ ANNil r WITH 1HI WI’11R( V 1414;I.lI 01- W4Y IINI - r \M[III tIlI.IL l 11 ‘4R.11 i iii IkI”I 411- f.n4j)r4I; 94R’I (4) (‘A44Sf.’. ‘iIT l1I%T4t IS I ‘I?(. 4141-
“Il-lU V KI(’HT-ilf W’.V I JNII (14 [\MI’J.(I I%JL L.0 ‘4’ ‘If F F1IR 6I ‘44 4’I4I 14
‘I’ I )-4,IL 10012 IL1!. 4 lW ‘n’ ‘.r I. 4(444 J’490 PlrT .I0R R LHS in 11414
‘,c t l1I1L5 IF )U V LAIA iFRS q ‘-IPNI4u) 1AJEX. 1I1L14( Ii ii N •44”TERLY I r1 J1j
II ‘IIIIF14LY W’jS H 2761 H F %iPF lift IlI 10 ‘N 1”ifl1i(tlhN WI’llf 1U
44-si I INF OP flit P4T roarl) Ifl’1 (II’ lilA 1-fiST ItAlY It-i 2) OF TIlE ‘IDUTI{WPIT
$ ‘jill-N SW-!’41 0? M1) ‘-‘FUflI)N I, I)4FNCE RUN N (1I1 1’ Ii’ 4 -14N 4AID WFSP‘IF l-i4 WI frlFi7,MURF.UR ii-:ss. 0AH fl(TEREC’11ON WITH 11W 9IAJ1H IP41I hF FW
ii ,.itiiwi iii 12 7AJLrIiK jr-lw i ot rm iLrrIoN 21. rlIU’k[ RII S ‘11 ‘‘ IV’ W ftLul’4G
:.kIt) 4i.UIH ILNI F-Oft )4L)4I IF-FT TO 11(1 1ITTIWt (JI4NFR oF Tilt I(LRIi{W’LST.ittIJ4TTR (NW -Ii ‘IF 14 Ui) ‘41-(fl?’N 24, r’N(-1- 441-N -‘ c — ‘.‘ I Th444 nr wvr
‘I- (1 SAil) NOR liI’I’4T (1IIMAI1 44 iWV.I4} J{)f( ‘.SU 47 1 T It’ liii PO’(f 5
(Ii (N ‘1 tI-i LI
1 4ti4 I ii IN’ 4.T’4% 4) Ii p114. 4(4 ((FiR I
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 15 of 57U:\City Attorney\Zoning Ordinances\1 2-_ P&ican Landing DRI 11 BOS-DRI0000I .doc
HFI[[NFH[LLVIEN-TH DEVELOPMENT ORDER
AMENDMENTFOR
PELICAN LANDING
A DEVELOPMENT OF REGIONAL IMPACT
STATE DRI #1-9293-121
COUNTY CASE DRI 2002-00002 DR12005-00001
CITY OF BONITA SPRINGS CASE DRI 2002-00002 11 BOS-DRI00001
WHEREAS, or-Novemb -2-4000--W Gommiinities1-4ne--the-owner of the
PeIinan—LanDevelopment--ef—RogionaI Impaot—DRl)--most recently requested—an
amen ent—4o-the—-ecgna---Develepment---Order (DO) adopted August 29, 1991, as
amended a Notice of Proposed Change was filed on January 7, 2011 to extend the build
out date to extend the build out date from May 20, 2016 to May 20, 2020, and the
termination date from May 20, 2019 to May 20, 2026, and amend various conditions of the
DRI to reflect completion and passage of time for certain items, and ending the interlace
zone monitoring requirements; and
WHEREAS, this document incorporates the Development Order Amendments for
Pelican Landing DRI adopted: 1) March 22, 1995 (incorporating the terms of a settlement
agreement); 2) August 16, 1995, which incorporated the conditions of the Spring Creek
West DRI as set forth in the Eighth Amendment to Spring Creek DRI #10-7677-9; 3)
November 4, 1996; 4) November 17, 1997; 5) September 21, 1998; 6) June 21, 1999; 7)
December 6, 1999; 8) August 7, 2000; 9) September 18, 2002 2000; and 10) April 3, 2002
to revise the legal description and clearly define the iurisdictional line between the City and
County; 11) October 28, 2002, 12) October 17, 2007; 13) September 2, 2009, and 14)
July 18, 2011; and the conditions proposed for the eleventh fifteenth amendment to the
Pelican Landing DRI Development Order; and
WHEREAS, Condition Il.L., adopted as part of the ninth development order
amendment, required the developer to file a Notice of Proposed Change to delineate the
jurisdictional boundaries as to the DRI property between the City of Bonita Springs and
Lee County; and
WHEREAS, the Developer previously has submitted an application for the Eleventh,
Twelfth, Thirteenth and Fourteenth Amendments to the Pelican Landing DRI Development
Order to extend the buildout date; and
WHEREAS, the Lee County adopted a substantially similar development order to be
applicable within its jurisdiction; and
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 16 of 57
U\City Attorney\Zoning Ordinances\12- Pelican Landing DRI 11BOS-DRI00001.doc
WHEREAS, the proposed p.tjpj changes to the Pelican Landing DRI Development
Order described in this document are consistent with the adopted Comprehensive Land
Use Plan of Lee County, the transitional Bonita Springs Comprehensive Land Use Plan,
the propone4- Boni Springs-Comprehensive--Land—Use—Plan--proposed Bonita Springs
Comprehensive Land Use Plan and applicable local Land Development regulations; and
WHEREAS, the Developer has submitted a letter indicating it’s intent to extend the
build out and termination dates to the City of Bonita Springs and Lee County under HB
7207 to provide for the four (4) year extension permitted by the Florida Legislature (14th
Amendment); and
WHEREAS, City of Bonita Springs_Gity Council of Bon#a—Springs, Florida, hae
considered the report and recommendations of the Southwest Florida Regional Planning
Council when the ADA was reviewed and the DRI development order was adopted. No
comments were received from the SWFRPC within the statutory time frame for the Notice
of Proposed change, the Lee County Staff, the City of Bonita Springs Board for Land Use
Hearings and Adjustments and Zoning Board of Appeals (“Zoning Board”), the documents
and comments upon the record made before the City Council in public hearing, and after
full consideration of those reports, recommendations, comments, and documents, the City
Council of Bonita Springs, Florida, finds and determines that the proposed change does
not constitute a substantial deviation warranting further DRI review.
FINDINGS OF FACT/CONCLUSIONS OF LAW
A. The “Pelican Landing DRI” is a partially built master planned community on a
total of 2-748452,749.7 acres located approximately three miles north of the Lee/Collier
County Line. Approximately 1249.8 acres of the Pelican Landing DRI are located within
the City of Bonita Springs; approximately 1216.451,217.9 acres of the Pelican Landing DRI
are located within the unincorporated area of Lee County; and approximately 282 acres of
the 274&25 2,749.7 acre total constitutes the Spring Creek West DRI, which is located in
the City of Bonita Springs. The property is bounded on the west by Estero Bay, on the east
by US 41, and on the south by Spring Creek. Coconut Road provides the general northern
boundary of Pelican Landing; however, a part of the project is located north of Coconut
Road.
The proposal is to construct development is approved with a total of 3,912 4,400
residential units, of which 930 66.5 are single-family and 2,982 3,735 multi-family, 300,000
square feet of gross floor area of retail commercial, and 475,000 square feet of gross floor
area of office commercial. The retail uses will provide up to 2,048 parking spaces and the
office uses will provide up to 1,587 parking spaces. The project will also includes 750
hotel/motel rooms, a 50,000-square-foot conference center, 65 wet boat slips and 150 dry
boat slips, various recreational amenities including, but not limited to: golf, tennis, canoe
parks, an existing boat ramp on the Baywinds Parcel and a beach park for the benefit of
the owners in Pelican Landing. There are 143.81 acres of upland habitat preserve, 678.5
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 17 of 57
U:\City Attorney\Zoning Ordinances\12-_ Pelican Landing DRI 11BOS-DRI0000I.doc
acres of salt and freshwater wetlands, 247.49 acres of water management lakes, 162.16
acres of public anti private ughts-ol-way, 3.2 acres of oil-site” parking, 6 acres of utilities
and an . Ii acre cemetery site.
Water supply and wastewater treatment, and reclaimed water, when available, will
be provided by Bonita Springs Utilities, Inc. The project build out is the year_20202048
B. LEGAL DESCRIPTION: The Pelican Landing DRI is located in Sections 05,
06, 07, 08, 09, 16, 17, 18, 20, and 21, township 47 South, Range 25 East, and Sections
13 and 24, Township 47 South, Range 24 East, Lee County, Florida as more particularly
described in attached Exhibits A, B, C and D.
Exhibit A identifies the boundaries of the Pelican Landing DRI as located
within unincorporated Lee County.
Exhibit B identifies the boundaries of the DRI located within the City of Bonita
Springs, except the Spring Creek West DRI portion.
Exhibit C identifres the boundaries of the Spring Creek West DRI, which is
located in City of Bonita Springs.
Exhibit D is a sketch of the legal descriptions, set forth in Exhibits A, B and C.
C. The DRI property is currently zoned AG-2, RS.-1, RM-6, PUD, RPD, CPD,
TFC-2 and RM-2; the property is partially developed.
D. The Application for Development Approval as modified by the settlement
agreement was determined to be consistent with the requirements of Section 380.06,
Florida Statutes.
E. The development is not located in an area designated as an Area of Critical
State Concern under the provisions of Sections 380.05 and 380.06 (14), Florida Statutes.
F. The proposed Development Order Amendment does not unreasonably
interfere with the achievement of the objectives of the adopted State Land Development
plan applicable to the area. The development is consistent with the State Comprehensive
Plan if developed pursuant to the conditions set forth herein.
G. The SWFRPC did not comment on the Notice of Proposed Change
Application within the statutory time frame proposed Development Order Amendment The
development, as proposed in the Application for Development Approval (ADA) amended
by subsequent Notices of Proposed Change, and as modified by this Development Order
Amendment, is generally consistent with the report and the recommendations of the
SWFRPC pursuant to Section 380.06(11).
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 18 of 57
U:\City AttorneyZoning Ordinances12-_ Pelican Landing DRI 11BOS-DRI00001.doc
II. The development is located in the Urban Community, Outlying Suburban and
Resource Protection Areas future land use classifications of the Lee Plan and the property
is located within the Privately Funded Infrastructure Overlay and is consistent with the Lee
County Comprehensive Plan and Lee County’s Land Development Regulations if subject
to the conditions contained in this Development Order. The Development is located in the
Moderate Density MU/PD classification of the City of Bonita Springs Plan, the “high rise”
budings were found to be vested under the administrative provisions of the City of Bonita
Springs Plan pursuant to Case No. Vested Rights-2004-00001.. The development located
within the City of Bonita Springs is consistent with the City of Bonita Springs Plan.
The proposed conditions below meet the criteria found in Section 380.06 (15)
(d), Florida Statutes.
J. In accordance with the Development Order condition Section Ill. Condition
16. herein, the lands within the Spring Creek West DRI were incorporated into this
Development Order. Those lands described as the Spring Creek West DRI will only be
subject to those terms and conditions set forth in the Eighth Development Order
Amendment for the Spring Creek West DRI. They will remain applicable to the property
known as the Spring Creek West DRI in the same manner as they are presently
applicable, except that one biennial amual monitoring report that includes both Pelican
Landing and Spring Creek West DRls must be submitted. Additionally the Spring Creek
West DRI legal description has been included within the Pelican Landing DRI. Since the
Spring Creek West land is part of an almost completely developed vested DRI, there is no
reason to alter the conditions within the Spring Creek West DRI Development Order. The
Spring Creek West property is vested under the terms and conditions of the Spring Creek
West DRI Development Order, and this property will not be considered in any cumulative
analysis of Pelican Landing in accordance with Section Ill Condition 16. The Spring Creek
West DRI is built out. The monitoring for a built out DRI only needs to occur for one year
after build out. The Spring Creek West development has essentially been built out for a
period longer than one year, but has not been set forth in an agreement in accordance with
Florida Statutes §380.032.
K. A portion of the DRI property ha been included is in the incorporated limits
of the City of Bonita Springs pursuant to legislation adopted during the 1999 Legislative
session. The property iew located in the City of Bonita Springs lies within the area
described in section 6 of the Committee Substitute for Senate Bill 2626, jst Engrossed.
Pursuant to Florida Statutes §380.06(1 5)(h), a separate DRI development order was must
be adopted by the City of Bonita Springs that incorporates the rights and obligations
specified in this development order as they affect property located within the city limits.
Also pursuant to that section of the Florida Statutes, the Pelican Landing DRI development
order adopted by the county must-be amended to remove property iew located in the
City of Bonita Springs. Conditions pertaining to the adoption of an amended DRI
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 19 of 57
U:\CityAttorney.Zoning Ordinarices12- Pelican Landing DRI 11BOS-DRI00001.doc
development order for property remaininq within unincorporated Lee County are set forth
in Section II. L. of this development order.
L. In 2Oltjhe State Land Planning Agency changed from the Department of
ComrTi1Atfav-s(DCA) to the Department of Economic Opportunity (DEO). References
IoDCA are changed to DEO in this DRI DeveIornent Order for future references.
II. ACTION ON REQUEST AND CONDITIONS OF APPROVAL
NOW, THEREFORE, LET IT BE ORDAINED BY THE CITY COUNCIL OF BONITA
SPRINGS, LEE COUNTY, FLORIDA, that conditions of the Development Order for the
Pelican Landing DRI adopted on August 29, 1994, and amended on March 22, 1995,
August 16, 1995, November 4, 1996, November 17, 1997, and September 21, 1998, June
21, 1999, December 6, 1999, August 7, 2000, September 18, 2L102 2000, acd April 3,
2002, October 28, 2002, October 17, 2007, September 2, 2009, and July 18, 2011 are
further amended as follows, with new language underlined and deletions struck through.
All other portions of the original Development Order will remain in full force and effect.
For the purposes of this Development Order, the term “developer” or “Applicant”
includes successors or assigns, and all references to County Ordinances and codes
include future amendments.
A. Historical/Archaeological Sites
1. The Zenith Mound Archaeological Site (State Master File #8LL1436)
and the Johnson Cemetery (State Master File #8111440) will be preserved in perpetuity
and have been will be recorded as “preserve” on all appropriate plats, site plans, and the
Master Development Plan for Pelican Landing DRI.
2. If any additional archaeological/historical sites are uncovered during
development activities, all work in the immediate vicinity of such sites will cease. The
developer will immediately contact the Florida Department of State, Division of Historical
Resources, the SWFRPC, and Lee County and advise them of the discovery. The
developer will have a State-certified archaeologist determine the significance of the
findings and recommend appropriate preservation and mitigation actions, if necessary.
B. Housing
1. There were ace no regionally significant housing impacts for the first
planning horizon of the DRI Development Order, which endeds on December 31, 1997.
Utilizing supply data not adjusted to account for the fact that housing sells for less than the
listed price, Planning Horizon II (January, 1998, through December 2002) would have an
unmet need of 99 affordable units for very low income and no unmet need for low income
households. Utilizing supply data adjusted to account for the fact that housing sells for
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 20 of 57
U:\City AttorneyZoning Ordinances12 Pehcan Landing DRI 1IBOS-DRI00001.doc
less than the listed price, Planning Horizon II would have an unmet need of only 38
affordable housing units for very low income households and still no unmet need for low
income households. [he aforementioned data is based on the existing studies.
[he supply adjustment figures mentioned above are based on actual
sales prices relative to listed prices. Affordability thresholds for owner-occupied affordable
housing are determined using PITt (Principal, Interest, Taxes, and Insurance) calculations
methodology as outlined in the DCA 1991 Draft methodology.
2. The Southwest Florida Regional Planning Council, the Florida
Department of Community Affairs, and Lee County accepted the Developer’s contribution
of $20,000.00 to assist existing and prospective employees within the Pelican Landing DRI
to locate affordable housing. The $20,000.00 was will-be contributed to the Lee County
Affordable Housing Trust Fund by January 2, 1997. Lee County may use all, or a portion,
of the funds to conduct a needs assessment study, and the County will commit to use
SHIP funds to assist a minimum of 8 qualified employees within the Pelican Landing DRI
obtain a home. Qualified employees must be first time homebuyers, employed by a
business located within the Pelican Landing DRI, including employees of WCI. The
applicants for funding must meet the program guidelines including, but not limited to,
income limitations and repayment obligations. The funds will only be used to provide
interest free deferred payment assistance to qualifying homebuyers for either closing costs
or down payments associated with the purchase loan.
C. Hurricane Preparedness
1. The developer provided Lee County with the funds for the provision
and connection of a portable diesel powered generator for the Gateway Elementary
School. The generator must be equipped with a fuel tank, capable of generating enough
power to handle the demands of ventilation fans, lighting, life safety equipment (alarms
and intercom), and refrigeration and cooking equipment. The developer was will be
responsible for the initial electrical hook-up costs. The selection of the generator was will
be in coordination with Lee County Emergency Management Staff.
2. The Lee County Emergency Management staff will act as a liaison
between the developer and the Lee County School District staff, and will make all of the
necessary arrangements for the location of the generator on Lee County School Board
property.
3. The provision of the generator serves to mitigate the shelter and
evacuation impacts of the project at build out. Should Lee County ever adopt an impact
fee, or other type of levy or assessment to provide funding for shelter space and
improvements thereto, the developer will be entitled to a credit against the fee or levy in
the amount of the cost of the generator, if eligible under the terms of that impact fee or
levy.DRAFT FOR DISCUSSION PURPOSES -
DATE PREPARED: January 26, 2012 Page 21 of 57
U:\City Attorney\Zoning Ordinances\12-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
4. The developer must notify alt purchasers of real property within the
residential portions of development, through the restrictive covenants, of the potential for
storm surge flooding in feet above the Base Flood Elevation, according to the National
Weather Services’ storm surge model SLOSH”, and the National Flood Insurance
Program.
5. Fhe developer must prepare, in conjunction with Lee County
Emergency Management and Division of Natural Resources staff, a brochure advising all
marina owners of the measures that can be taken to minimize damage in the event of a
hurricane. This brochure must address how boat owners can minimize damage to their
vessels, the marina site, neighboring properties and the environment. The brochure must
be provided to alt boat owners and users at the marina.
6. Prior to the issuance of a Certificate of Occupancy for any Hotel, the
developer or the hotel owner/manager must prepare a written hurricane preparation and
evacuation/sheltering plan. This plan will be prepared in conjunction with Lee County
Emergency Management Staff and must be coordinated with the hurricane evacuation
plan for the overall DRI.
7. The Property Owner’s Association must host an educational seminar,
and will be responsible for obtaining the place for the seminar and for providing the
invitations to the homeowners. The time will be coordinated with the Lee County
Emergency Management staff, who will provide the education and information at the
seminar and will advise the owners of the risks of natural hazards and the action they
should take to mitigate the inherent dangers.
8. The developer must develop a hurricane evacuation plan for the DRI.
The hurricane evacuation plan must address and include: a) operational procedures for the
warning and notification of all residents and visitors prior to and during a hurricane watch
and warning period; b) the educational program set forth in condition 7 above; C) hurricane
evacuation; d) the method of advising residents and visitors of hurricane shelter
alternatives including hotels and public hurricane shelter locations; e) identification of the
person(s) responsible for implementing the plan; and f) how the private security force will
be integrated with the local Sheriff’s personnel and the Division of Public Safety. The plan
must be developed in coordination with the Lee County Emergency Management officials
and found sufficient by those officials months after the effective date of the DRI
Development Order. Editorial note: The developer submitted an emergency plan to Lee
County Emergency Management for review and approvaL The p/an must be re-submitted
annually to address changes in the development parameters and changes in local
hurricane evacuation and sheltering policies. The plan must comply with Lee County
Administrative Code 7-7.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012Page 22 of 57
U:\City Attorney\Zoning Ordinances1 2-_ Peilcan Landing DRI 11 BOS-DRI00001 .doc
9. [he developer, and any successor landowner, will pay any All
Hazards [ax properly levied by Lee County to provide for shelter space, upgrades to
shelters, and to address other natural disasters.
10. Conditions C.1. through C3. address the hurricane mitigation
requirements [or the initial 4050 units. The total number of approved units is 3,912 units.
I:hdeIoper.wil[ mitigate- the-hurricane-she ter-impacts-foc--u its 4054—threugh--4400-by
paying-$-1 &60-pec-un4- to-4he—Lee- Goun4y-- Impact- Fee Gee aat4he Pnie-of-buiIdiwj
perm4-approvaL—If the dee oper-eonstr cts-an-assisted-iving-a ty-the-dev&opor must
comply-with- a1t-asects-ot-Section 440 444-(-1-)(b -F. S., as may be amende8-incIu4ng4he
preparat4en—and---&ubmittaI--of a comprehensive emergency management plan— that
a44re6ses_emei:genGyevacuation transportation—and adequate sheltenng arrangements
foc4he-Al-re&idente----The developer n ust—updato this-plan annually. The County must
e-the-4unds---paid—pursuant to this condition to- construct or upgrade hurricane shelter
space4a-lecation-4hat-wdl-benetit4he-residents--ef-the.-Pelican Landing Community. The
eighteen-dollac-acd—fifty cents fee (1996 dollacs)—will be mutipIied—by the Dodge- Data
Sep,ice—uiIding Cost Index for U.S. and Canadian cities for Jun& I of each year
subsequent to 1996, up to the time building permits are issued. This multiplier ensures
prn.ect of current dollars at the time the permits are issued. If the Building Cost Index is
not-availaNe-the-Gensumer-Priee-Iede-.w4I-be-used-instead, and applied by the method
described—above. If Lee County adopts an impact fee for hurricane shelters prior to, or
during—the acquisition of building permits 4051 through ‘1400 then the Developer will- pay
the-dely—adopted impact fee.—provided that the fee is no less per unit than the per unit
am nt-setout-aboe7-and this condition will have no-further force and effect.
0. Marina Facilities
1. The developer must create a conservation easement precluding the
construction of additional docking facilities beyond those specifically authorized in this
Development Order. This conservation easement will be in addition to the 4,000-foot
conservation easement already required in Spring Creek. The location and extent of the
conservation easement will be contingent upon navigability of the waterway, and will be
established in association with the Florida Department of Environmental Protection (FDEP)
permits.
2. All docking and dry storage facilities must be constructed in
accordance with the terms and conditions of any FDEP permit or lease, and in accordance
with any Lee County dock permit.
3. The developer has constructed dock and channel markers within
Estero Bay. The Lee County Division of Natural Resources Management will be permitted
to mount regulatory signs on the docks and channel markers owned by the developer. Lee
County will be responsible for insuring that the addition of the regulatory signs does not
cause the developer to be in violation of any permit condition or FDEP, Coast Guard, or
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 23 of 57
U:\City AttorneyZoning Ordinances1 2-_ Pehcan Landing DRI 11 BOS-DRI0000 1. dos
other agency regulation. The regulatory signs will remain the property and maintenance
responsibility of the Lee County Division of Natural Resources Management.
4. The marina operator must dispense manatee awareness brochures to
all users of the marina facilities. The brochures must also include information regarding
channel locations, proper boating routes, and shallow water habitats to be avoided.
5. The developer and marina operator must insure that the marina
lighting is directed away from adjacent mangroves and estuarine systems to reduce any
negative impacts to the wildlife using these areas.
6. The marina operator will remove or cause to be removed from the
marina any boat operator observed violating the guidelines set forth in the manatee
awareness brochures, Bonita Springs or Lee County regulations regarding the protection
of manatees.
7. [he developer must designate and reserve one wet slip for the Florida
Marine Patrol or the Lee County Sheriff’s Special Response Unit, if needed by these
agencies.
8. The shuttle boat captain and marina operator must keep a log of all
manatee sightings. The log must reflect the locations, time and date of the sighting, the
number of manatees, and the nature of their activity if it can be determined. The log
should also note the name of the person recording the sighting. This information must be
forwarded to Lee County and FDEP on a periodic basis.
9. The developer must construct an educational board on a Kiosk at the
Beach Park. The educational board will be created in conjunction with Bonita Springs, the
Lee County Division of Natural Resources Management, Marine Sciences Program and
Turtle Time.
10. The developer will comply with all water quality monitoring
requirements imposed by the FOEP and the SFWMD.
11. Any boat wash areas must have a closed [oop system that captures
and recirculates the water through a fiftration or other acceptable system. Any boat repair
and maintenance facilities must be in an enclosed, roofed, impervious surfaced area to
limit the runoff of contaminated water during a storm event.
12. Once a year the marina operator must host an Educational and
Hurricane Preparedness Workshop for all tenants in the wet slip area. The marina
operator will provide the facility for the seminar and must insure that all tenants are invited.
The marina operator will establish the date and time for the workshop in conjunction with
Lee County Emergency Management and the Lee County Division of Natural Resources
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 24 of 57
U:\City Attorney\Zoning Ordinances12-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
Management, Division of Marine Sciences. Lee County wiB provide a trained
representative who will educate the tenants on natural resources awareness, manatees,
safe boating practices and on proper procedures, prior to and during a hurricane.
13. The dry storage facilities must be located in a building or structure
which is designed and constructed to meet all requirements of the Standard Building Code.
E. Vegetation and WlldlifelWetlands
The developer has conducted Protected Species surveys in accordance with
the Florida Game and Fresh Water Fish Commission (FGFWFC) [now known as the
Florida Fish & Wildlife Conservation Commission (FWC)} guidelines and the Lee County
Land Development Code. These surveys identified the presence of the following protected
species: bald eagle, wood stork, little blue heron, tricolored heron, reddish egret, snowy
egret, white ibis, piping plover, Southeastern snowy plover, least tern, American
oystercatcher, black skimmer, brown pelican, Atlantic loggerhead sea turtle, and gopher
tortoise. The Baywinds parcel has existing environmental permits that remain valid as of
the date of the Seventh Development Order Amendment. These permits are based on the
plan of development shown on the local Development Order Approval No. 95-12-068.OOD.
Some improvements were made pursuant to those permits. Future improvements to the
Baywinds parcel must be consistent with the conditions set forth in those permits as may
be amended.
1. There were three bald eagles’ nests of concern prior to the original
development order adoption. One nest was on the Pelican Landing property in the Eco
Park. The other two nests were originally within 1500 to 1600 feet of Pelican Landing.
One of these other nests was located on the Kersey parcel and declared abandoned by
the USFWS in July 1998. The buffers that affect Pelican Landing property were
established in an on-site eagle habitat management plan addressing the Pelican Landing
property only.
Prior to any new development within 1500 feet of any active eagle nest other than
the nest located within the Eco Park, the Developer must prepare an on-site eagle
management plan, addressing the Pelican Landing DRI property only, that will be reviewed
by DGA, DEO, SWFRPC, FWC Lee County, Boriita Springs and USFWS. The agencies
must provide specific written objections or concerns if any, regarding any new proposed
management plan and indicate how those concerns can be addressed by the developer.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 25 of 57
U:\CityAttorneyZonng Ordinances\12-_ Pe’ican Landing DRI 11BOS-DRI0000I.doc
the Developer will revise the management plans to respond to any lawful
objections. 1 he agencies will review and respond to the management plan resubmitted.
Fhe agencies will provide a written response to Bonita Springs Lee—County and the
Developer, which reflects that there is no objection to the management plan or outlines
specific objections and concerns. The agency response will indicate how any concerns or
objections can be addressed by the developer_Bonita SprinQs Lee-County and DGA, DEO,
will have the final approval authority, if a proposed management plan includes
development within 750 feet of an active eagle’s nest, the plan must also be submitted to
the Lee County Eagle Technical Advisory Committee (ETAC). ETAC will review the plan
and forward recommendations to the FWC and USFWS.
2. A local development order for the Hickory Island Beach Park has been
issued to permit construction of beach park infrastructure. This local development order
includes a protected species survey and phased Preliminary Management Plan (PMP)
The PMP incorporated Lee County Division of Natural Resources Management (DNRM)
and Florida Game and Fresh Water Fish Commission (FGF\NFC) recommendations.
The PMP required the developer to provide the County with a conservation
easement over the entire parcel, except for the active building areas approved through the
local development order. The PMP permitted a refinement of the conservation easement
boundaries after completion of a one year utilization study. The final conservation
easement is consistent with the provisions of Section 704.06, Florida Statutes. For the
purpose of this DRI Development Order, Section 704.06, F.S. will not preclude educational
signage, and signage and land management activities required by the management plan,
including but not limited to the removal of exotic vegetation.
The objectives of this one year study were: 1) determine shorebird utilization of land
under Developer’s ownership based on detailed surveys and prepare a shorebird
management plan, 2) analyze beach vegetation and prepare a maintenance plan, and 3)
monitor beach use by Pelican Landing visitors. Additionally, the PMP requires surveys for
identification and protection of sea turtle nests, the construction of three osprey platforms,
and a review of the elements of the overall plan to be conditioned on the DRI Development
Order.
The Developer submitted a Final Management Plan to Lee County, FGFWFC, and
DCA within 18 months of the effective date of the DRI Development Order, on November
14, 1994. Lee County, FGFWFC, and DCA reviewed the management plan. Lee County
approved this plan and its implementation was certified in October 1996.
3. The projected gopher tortoise burrow count for the original Pelican Landing
DRI area was 439, based on an estimate of FGFWFC habitat guidelines, a minimum of 75
acres of gopher tortoise habitat must be protected.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 26 of 57
U: \City Attorney\Zoning Ordinances1 2-_ Peircan Landing DR I 11 BOS-DRI00001 .doc
I he Developer has set aside a 78V acre area of xeric scrub and pine Ilatwoods tomitigate the impacts to the upland gopher tortoise habitat for the original Pelican LandingDRI hind area. This area is known as the PeHcan Landing Eco-Park. The Eco-Park areacontains significant portions of the xeric oak habitat existing on the original PelicanLanding DRI site.
A Gopher Tortoise Population Study and Management Plan was submitted to theFlorida Game and Fresh Water Fish Commission on or about December 22, 1993 for theoriginal Pelican Landing DRI. A new protected species survey was conducted in Marchand April of 1998 on the addition to the Pelican Landing DRI known as the Kersey-Smootparcel. The new survey revealed the presence of 114 active and inactive gopher tortoiseburrows on 70 acres. A protected species survey was conducted in 1990 and February1996 on the Baywinds parcel. The survey revealed the presence of 28 active and inactivegopher tortoise burrows on 15.41 acres. The Developer has an Incidental Take Permit forthe new gopher tortoise burrows located outside of the Eco-Park in the undevelopedKersey-Smoot and Baywinds parcels. The Developer obtained an Incidental Take Permitprior to proceeding with development within the gopher tortoise habitat areas. Prior to thestart of construction, all gopher tortoise burrows within the development areas must beexcavated and any resident gopher tortoises, or commensal species, relocated to openspaces within the Pelican Landing DRI.
Impacts to gopher tortoise habitat within the Kersey-Smoot and Baywinds parcelshave been mitigated through incidental take funds paid to the FWC for the purpose ofregionally significant gopher tortoise habitat.
The applicant and the Florida Fish and Wildlife Conservation Commission(FWC) have had considerable discussion regarding the modifications and refinements tothe existing 78-acre Eco-Park boundaries. The addition of the eastern 140-acre “SkebeTract”, of which 63.24 acres will be added to the Eco-Park, will provide for an 81%increase in the overall size of the Pelican Landing Eco-Park.
The new Eco-Park configuration will delete the southern-most 22 acres, whileadding new lands to the park area within the confines of the “Skebe Tract”. An overallincrease (net gain) of 11 acres of upland habitat, plus 52.24 additional acres of forestedwetland acreage will increase the overall size of the revised Eco—Park boundaries toapproximately 141.45 acres.
Any active or inactive gopher tortoise burrows found within the Eco-Parkdeletion zone or the new golf lands of the eastern portion of the “Skebe Tract” will beexcavated to search for activity. Any tortoises found will be relocated to the modified EcoPark boundaries, pursuant to the Eco-Park Reconfiguration Plan, authored by Wilson,Miller, Inc., and accepted by the FWC. The initial Gopher Tortoise Incidental Take PermitLEE-9 must be modified by the FWC in order to adopt the Eco-Park Reconfiguration for
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 27 of 57U;City Attorney\Zoning Ordinances12-_ Pelican Landing DRI 1 1BOS-DRI0000I.doc
both the existing Eco-Rirk south deletion area, the Skebe Tract’ addition to the Eco-Park,
and the inclusion of a portion of the Skebe Tract in the development area.
A revised perpetual Conservation Easement will be recorded in the Lee
County records, pursuant to the revised boundaries of the Eco-Park. The delete 22 acres
will he formally released from the Conservation Easement by the FWC.
4. All areas designated as Preserve on the adopted Map H must remain
undeveloped and be owned, maintained, and managed by an Improvement District or a
similar legal entity. No lot lines will be allowed within any preserve areas. The following
uses are permitted within Preserves: habitat management activities, hiking and nature
study, outdoor educatLon, recreational fishing, gates and fencing, and boardwalks limited to
pedestrian use. Trimming of mangroves for residential visual access to Estero Bay or
Spring Creek is prohibited in wetland areas #14 and #21 (as identified in DRI ADA), and
Bay Cedar Phase (1 (along Spring Creek), and any saltwater wetlands abutting the Kersey
Smoot and Baywinds parcels. However, minor mangrove trimming is permitted within the
vicinity of the clubhouse on the Baywinds parcel to provide a limited view of the Estero
Bay. The scope of the developer’s DEP application request for minor trimming is subject
to the review and approval of Lee County Division of Planning, Environmental Sciences
staff. All trimming activity will be subject to the wetland regulatory permit approvals.
The Developer has granted a conservation easement consistent with Section
704.06., Florida Statutes for the Eco-Park to the FGFWFC. The conservation easement
was drafted to allow use of the Eco-Park for resource-based recreational activities,
enjoyment of nature and education enrichment, including, but not limited to: Picnic areas,
trails, benches, boardwalks, biking/jogging trails, vita courses, bird viewing blinds/towers
and interpretative facilities, signs, on-going maintenance and removal of exotic vegetation
and compliance with the management plan required per the FGFWFC. Educational and
directional signage are permitted within the Eco-Park. For the purposes of this DRI 0.0.
the prohibition of signage included within Section 704.06, Florida Statutes applies to off-
site signs and billboards. The removal of exotics, controlled burns and the maintenance of
the vegetation in accordance with the Eco-Park management plan will be permissible in
the conservation easement notwithstanding the provisions of Section 704.06, Florida
Statutes prohibiting the destruction of trees. A paved golf cart path, a wooden golf cart
bridge across Halfway Creek, a buried irrigation line to be under the path and bridge, and a
buried outfall pipe for a surface water management system will be located within the Eco
Park.
5. Should any orchids, wild pine air plants, Florida Counties, Catesby’s lilies,
leather ferns, royal ferns, or cabbage palms with gold polypody and shoestring ferns be
located within development areas, best efforts must be used to relocate these plants to
open space and landscaped areas.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 28 of 57
U:\CityAttorney\Zoning Ordinances\12-_ Pelican Landing DRI 11BOS-DRI00001.doc
6. As part of local development order approval for any phase of the
development, an invasive exotic vegetation removal and maintenance plan must be
submitted to the Division of Natural Resources Management for approval. At a minimum,
this plan must be structured to provide for the phased removal of invasive exotic
vegetation and maintenance to control exotic re-invasion within the wetland and upland
preserve areas. Removal within preserve areas may be done on a pro rata basis as
phased local development orders are obtained.
7. Fhe existing Pelicans Nest golf course includes native vegetation along the
rough and between golf holes. The applicant must continue to incorporate the native
vegetation into the design of future golf holes, where feasible. Native vegetation has been
retained on individual lots and between tracts in the existing developed area of Pelican
Landing. Where feasible, the applicant will continue to incorporate native vegetation into
the open space and landscaped areas.
8. The applicant must designed the golf course and conducts maintenance,
which includes fertilization and irrigation, in a manner that is sensitive to the water and
nutrient needs of the native xeric vegetation in and around the golf course. Any new golf
course or retrofitting of the golf course must meet these standards. However, this
condition will not be interpreted in a manner that forces the applicant to jeopardize the
health and viability of the golf course.
9. Upon approval of the management plans referenced above, the approved
management practices will be considered a part of this development order for
reinforcement purposes, and be enforceable in the same manner as a condition of this
development order.
10. This project may result in the filling of not more than 13.25 acres of wetlands.
The mitigation for the impact to wetlands will be determined at the time of final permitting,
but the mitigation should include the removal of exotic invasive plants, the restoration of
historic hydro periods, and a total of not more than ten acres of littoral zone plantings. The
mitigation for wetland impacts to the Baywinds parcel was determined prior to the inclusion
of the property into the Pelican Landing DRI as part of the environmental and local
government permitting. The mitigation was based on the plan of development reflected in
Lee County Development Order 95-12-068.OOD. Changes to the plan of development that
include additional wetland impacts may necessitate modification to the environmental and
local government permitting.
F. Solid/Hazardous/Medical Waste
1. All storage, siting, and disposal of hazardous wastes and hazardous
materials must be accomplished in accordance with federal, state, and local regulations.
The business owner/operator is responsible for compliance with all permitting, reporting,
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 29 of 57
U:\City Attorney\Zoning Ordinances1 2-_ Pelican Landing DR 11 BOS-DRI0000I .doc
emergency rmotmhcatmon PrOVISiOnS and other regulations relating to hazardous materials
and hazardous wastes.
2. All business owners and operators must insure that regulated substances are
loaded, off-loaded and stored in an area that is curbed and provided with an impervious
base. rhe impervious base must be maintained free of cracks and gaps so as to contain
any spills or leaks.
3. Outdoor storage of hazardous waste is prohibited.
4. Restaurants must be outfitted with grease traps or approved equivalent
systems. The owner/operators of any restaurant must follow all applicable codes and
regulations for cleaning and maintaining grease traps.
5. If any hotel pool utilizes gaseous chlorine, the pool must be equipped with
chemical sensors, alarm devices, or other comparable equipment. The hotel
owner/operator is responsible for compliance with this requirement and notice of this
responsibility/obligation must be included on all deed transfers or lease agreements.
6. Any business that generates hazardous waste defined by the Code of
Federal Regulations 40 CFR Part 261, must notify the Division of Natural Resources
Management for an assessment as required by Section 403.7225, Florida Statutes. This
assessment will address any deficiencies in the management practices of hazardous
waste generated at the facility.
7. The developer, or any subsequent owner of the golf course, must insure that
the golf course maintenance equipment is handled in accordance with all federal, state and
local regulations. Specifically, the developer will insure that all wash down facilities comply
with FDEP rules regarding chemical residue, and insure the continued recycling of motor
oil from maintenance equipment, and insure recycling of used motor oil, used oil filters,
anti-freeze, lead acid batteries, cleaning solvents, shop rags, and aerosol cans.
8. The developer must investigate the feasibility of mulching trees and brush for
on-site needs.
9. The developer/property owner of each commercial parcel which will be used
to store, manufacture or use hazardous materials, must contact the Lee County Office of
Emergency Management, Hazardous Material Representative, prior to obtaining a
development order, to discuss the proposed development in relation to potential type, and
storage of hazardous materials located on the premises.
10. If required by federal, state or local regulations:
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 30 of 57
U:\City AttorneyZoning Ordinances\12- Pelican Landing DRI 11 BOS-DRI00001 .doc
a. [he developer/property owner must prepare or have available material safety
data sheets (MSDS) and submit either copies of MSDS or a list of MSDS chemicals to the
appropriate lire department or district and to the Lee County Division of Public Safety.
b. [he developer/property owner must establish an emergency notification
system to be used in the event of a hazardous material release.
G. Storm Water Management
1. Ihe surface water management system must be designed, constructed and
operated in accordance with the pertinent provisions of Chapters 373 and 403, Florida
Statutes; Chapter 40E, Florida Administrative Code; and the South Florida Water
Management District “Basis of Review”, and any pertinent local regulations regarding the
design, construction and maintenance of the surface water management system. This
condition applies to anyone obtaining a local Development Order within Pelican Landing.
The Bayside and Baywinds Improvement Districts (a-districts formed pursuant to Chapter
190, Florida Statutes), must insure that the portion of the system under the ownership and
control of the district is operated in accordance with the pertinent portion of the regulatory
provisions cited above, and any permit (construction or operation) issued by the SFWMD.
individual lot owners with on-site wetlands or Storm water retention or detention areas
under their control must comply with the pertinent portion of the regulatory provisions cited
above and any permit issued by the SFWMD.
2. Water Control Structures must be installed as early in the construction
process as practicable to prevent over-drainage or flooding of preserved wetland areas. If
the SFWMD establishes a construction schedule or scenario that is contrary to this
condition, the permit requirement of SFWMD will control.
3. Any shoreline banks created along on-site Storm water wet detention lakes
must include littoral zones constructed consistent with SFWMD requirements. The
shoreline banks must be planted in native emergent and submergent vegetation. The
developer must establish and maintain, by supplemental planting if necessary, 80 percent
cover by native aquatic vegetation within the littoral zone for the duration of the project.
The littoral zone will include, at a minimum, the area between high water and ordinary low
water.
4. The Bayside and Baywinds Improvement Districts, and/or all property
owners, must undertake a regularly scheduled vacuum sweeping of common streets,
sidewalks and parking facilities within the development.
5. The developer must implement the best management practices for
monitoring and maintenance of the surface water management systems in accordance
with Bonita Springs, Lee County and South Florida Water Management District guidelines.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 31 of 57
U:\City Attorney.Zoning Ordiriances12-_ Pelican Landing DRI 11 BOS-DRJ00001.cloc
6 Fhe SFWMD must establish all internal surface water management and
wetland systems. Fhe developer must set aside all internal surface water management
and wetland systems as private drainage easements, common areas, or preserves. These
areas must also be tdentified as specific tracts on the recorded final plat or some other
legally binding document acceptable to the City Attorney.
7. rhe l3aywinds parcel must he developed in accordance with the following
permits: Water Management permit numbers 36-02043-S-02 and 36-02043-S, ACOE
permit number 891PD-20 127 and the letter of permission to continue work authorized in the
original permit, LOP 1989OO1127, and FDEP permit number 36293225. These permits
were granted based on the plan of development reflected in Lee County Development
Order No. 95-12-068.OOD. These permits may be modified, updated or replaced as
required by law. Changes to the local development order may also require modification of
the referenced permits.
H. Transportation
1. Significant Impact
a. The original traffic impact assessment for this project assumeds the
development parameters and land uses shown in Exhibit F, “Pelican Landing DRI
Development Parameters.” The assessment indicateds that the significantly impacted
roadways and intersections described below would will—be operating below acceptable
levels of service at the end of Planning Horizon I (1997). and build out (2002).. Each
biennial acw,ual monitoring report, described in Paragraph 4, miist reflected whether the
roadways and intersections described below were ace significantly impacted or were ace
projected to be significantly impacted by this project in the following year.
b. The Pelican Landing DRI based on the original traffic study was is projected
to significantly and adversely impact (as defined by Lee County Administrative Code) the
following roadways and intersections:
Planning Horizon 1(1997 in the oriciinP Needed Improvement
Assesment)
US 41/Corkscrew Road - Signal retiming
US 41/Williams Road - Signalization, if warranted
US 41/Coconut Road - Signalization, if warranted
US 41/Pelican Commercial Entrance - Northbound left turn lane
- Southbound right turn lane
- Eastbound right turn lane
US 41/North Pelican Entrance - Northbound left turn lane
- Southbound right turn lane
- Eastbound left and right turn lanes
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 32 of 57
U:\City Attorney\Zoning Ordinances\12-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
US 4 1/Pelican Landing Parkway/Old 41
US 41/Pelican’s Nest Drive
US 41/Terry StreetUS 41/Bonita Beach RoadCoconut Road/Spring Creek Road
- Signalization, if warranted- Southbound dual left turns- Signal retiming
Northbound left and right turn lanes- Southbound left and right turn lanes
Eastbound left and thru/right lanes- Westbound left and thrufright lanes- Signalization, if warranted- Signal retiming
Signal retiming- Separate NB left & right turn lanes- Separate EB thru & right turn lanes- Separate WB thru and left turn lanes
Build Out (2002
Corkscrew Road- Three Oaks Parkway to 1-75
Old 41- Bonita Beach Road to Terry St.
US 41- Immokalee Road tQ Old 41(Collier County)
- Bonita Beach Road to West Terry Street- West Terry Street to Pelican’s Nest Drive- Coconut Road to Williams Rd.- Constitution Boulevard to Alico Road
US 41/Corkscrew Road
US 4llWilliams Road
US 41/Coconut Road
US 41/Pelican Commercial Entrance
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012U:\City Attorney\Zoning Ordinances\12-_ Pelican Landing DRI
- Constrained (no widening possible;maximum v/c ratio of 1.85 per 1993Lee Plan Policy 22.1.9)
- Widen to 6 lanes- Widen to 6 lanes- Widen to 6 lanes- Widen to 6 lanes- Widen to 6 lanes
- Separate EB left and thru/right lanes- Westbound dual left turn lanes- Signal retiming
- Signalization, if warranted
- Separate EB left and right turn lanes- Signalization, if warranted
- Northbound left turn lanes- Southbound right turn lane
Page 33 of 5711 BOS-DRI00001 .doc
Widen to 4 lanes
-[asthound right turn lane
US 41/North Pelican Entrance -Northbound left turn lane
-Southbound right turn lane
-Eastbound left and right turn lanes
-Signahz’ation, if warranted
US 41/Pelican Landing Parkway/Old 41 -Southbound dual left turn lanes
-Northbound dual left turn lanes
-Eastbound thru/right turn lane
-Westbound two thru lanes
-Signal retiming
US 41/Pelican’s Nest Drive -Northbound left and right turn lanes
-Southbound left and right turn lanes
-Eastbound left and thru/right lanes
-Westbound left and thru/right lanes
-Signalization, if warranted
US 41/Terry Street -Northbound dual left turn lanes
-Separate WB thru & right turn lanes
-Signal retiming
US 41/Bonita Beach Road -Signal retiming
Coconut Road/Spring Creek Road -Separate NB left and right turn lanes
-Separate EB thru & right turn lanes
-Separate WB thru & left turn lanes
**The Traffic Impact Statement submitted in support of the thirteenth amendment to the
Pelican Landing DRI found that the following roadway links will be significantly and
adversely impacted by the Pelican Landing development at buildout (2020).
Buildout (2020) Needed Improvement
Old US 41BonIta Beach Road to East Terry No Improvement,
Street Constrained Roadway
2. Mitigation
a. The developer will pay impact fees as defined in the Bonita Springs Land
Development Code to mitigate Pelican Landing’s transportation impacts on the non-site
related roads and intersections set forth in Section H.1.b. above. Road Impact Fees were
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 34 of 57
U:\City Attorney.Zoning 0rdinances1 2- Pelican Landing ORI 11 BOS-DRI0000 1. doc
onginally are estimated to he $8,900,000 for the land uses identified in Exhibit F Road
Impact Fee payments represent the DRI’s proportionate share payment for all road and
intersection improvements identified in Condition H.1.b. as significantly impacted by this
project and operating below the adopted level of service standard by 2002 and as updated
through the new buildout year of 2020. Estimated Road Impact Fees from this project
exceed the community’s estimated proportionate share dollar amount of all significantly
impacted roadway improvements.
If the Land Development Code Chapter governing Impact Fees is
repealed, reduced, or made unenforceable by court petition, the Pelican
Landing DRI will continue to pay, per individual permit, an amount
equivalent to Road Impact Fees prior to such repeal, reduction or court
petition. If payment is not made consistent with that schedule, then a
substantial deviation will be deemed to occur, and the traffic impacts of
Pelican Landing DRI must be reanalyzed to determine appropriate
alternative mitigation prior to the issuance of further building permits
for the Pelican Landing DRI.
All road impact fee monies paid by the Pelican Landing DRI after adoption of this
DRI Development Order will be applied by Lee County and Bonita Springs, consistent with
the Interlocal Agreement Pertaining to the Collection of Impact Fees dated August 29,
2000, toward the non-site related improvements included in Transportation Condition
H.1 .b., provided those improvements are deemed necessary to maintain the adopted level
of service standards and are included in the County’s and City’s Capital Improvement
Program. Should the identified improvements be funded through other sources, in whole or
in part, or deemed unnecessary to maintain the adopted level of service standaids, Bonita
Springs may apply any Pelican Landing impact fees not required for those specific
improvements to other improvements consistent with the requirements of the Bonita
Springs Land Development Code.
b. If through the local development approval process, the developer constructs,
with the approval of the Lee County DOT or Bonita Springs, an intersection or roadway
improvement identified in Paragraph H. 1 .b., those improvements may be eligible for Road
Impact Fee credits. The determination of whether such credits will be granted will be
made consistent with the procedures outlined in the Land Development Code.
c. The developer has must dedicated 60 feet of right-of-way for Burnt Pine
Drive North, from Pelican Landing Parkway to Coconut Road, a distance of 6,926 feet; and
for Burnt Pine Drive South from Pelican Landing Parkway to Pelican’s Nest Drive, a
distance of 2,326 feet. The developer must construct, as a two-lane access road, Burnt
Pine Drive North from Pelican Landing Parkway to Coconut Road, and Burnt Pine Drive
South from Pelican Landing Parkway to Pelican’s Nest Drive. Credits, if any, for the right-
of-way dedication and construction identified above will be issued consistent with the
procedures outlined in the Land Development Code. Dedication of the roadway right-of-
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 35 of 57
U:\Cty Attorney\Zoning Ordinaricestl2- P&ican Landing DRI 1 1SOS-DRI00001.doc
way arid construction of Burnt Pine Drive for the links below is complete will—occur-as
follows:
I) Burnt Pine Drive South from Pelican Landing Parkway to Pelicans Nest
Drive: coincident with the Certificate of Compliance for the commercial parcel located in
the northeast quadrant of the intersection of Burnt Pine Drive South and Pelican’s Nest
B rive
2) Burnt—Pine--Dove Walden Center Drive North from Pelican Landing Parkway
to Pelican Landing North Entrance—under--oonstruotion-no-Iater-than December-34,
3) 13oc—i+ne-Dr4e North Commons Drive North from Pelican Landing North
Entrance to Coconut Road—stioutd--be under construetioa—no--4atec-1haci---December 31
1-f99.
d. The developer agrees-to reserved and dedicated 25 feet of additional right-
of-way along the south side of Coconut Road from US 41 west to Spring Creek Road to
ensure that improvements to Coconut Road are not precluded. Such right-of-way will—be
was dedicated to Lee County if—and—when-requested. Credits, if any, for the right-of-way
dedication will be granted at the time of dedication, and must be consistent with the Land
Development Code in effect at that time.
e. As a mitigation option, the developer may, with the concurrence of Bonita
Springs and Lee County, made make an advance payment of a portion of Pehcan
Landing’s total Impact Fees up to 2 million dollars. Bonita Springs and Lee County would
then utilized the advance payment to accelerate the Project Design & Environmental
(PD&E) Study for US 41 from the Collier County line to San Carlos Boulevard. The PD&E
Study at the time, was is current’y scheduled in FDOT’s Tentative Five Year Work
Program for fiscal year 1998/99 (WPI #1114700).
3. Access and Site-Related Improvements
a. The developer will be fully responsible for site-related roadway and
intersection improvements required within the Pelican Landing DRI. The developer must
pay the full cost for any site-related intersection improvements (including but not limited to
signalization, turn lanes and additional driveway through lanes) found necessary by Bonita
Springs, Lee County or the Florida Department of Transportation (FDOT) permitting
requirements for the Community’s access intersections on US 41, Coconut Road and
Spring Creek Road.
b. The Pelican Landing DRI site access points are will be located and
developed consistent with the Florida DOT’s access management classification for US 41,
unless otherwise approved by the Florida DOT. Improvements to those access points will
be consistent with the Department’s permitting requirements.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 36 of 57
U:City Attorney\Zoning Ordinances\1 2-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
C. Site-related improvements will be as defined in the Land Development Code.
d. Except for Spring Creek Road and Coconut Road, all roads located within
Pelican Landing will be rna,ntained by the Bayside Improvement District (BID) or Bay
Creek Improvement District, unless subsequently dedicated to and accepted by Lee
County or the City of Bonita Springs.
4. Annual Biennial Monitoring Report
a. The developer will submit an-annual biennial traffic monitoring report to the
following entities for review and approval: Bonita Springs, Lee County, the Florida
Department of Transportation (FDOT), the Florida Deactme#—of---{ommunity Affairs
-DfA)Department of Economic Opportunity (FD[O), and the Southwest Florida Regional
Planning Council (SWFRPC). The biennial monitoring report will be submitted to the City
and the County in the same year.
The first monitoring report was will—be submitted one year after the date of
the issuance of this DRI Development Order. Reports must be submitted biennially
annually thereafter until build out of the project.
b. The monitoring report was will—be designed in cooperation with Bonita
Springs, the Lee County Department of Transportation, EDOT, the SWFRPC and the
1.DGA FDEO prior to the submittal of the first report. The methodology of the biennial
annual traffic monitoring report may be revised if agreed upon by all parties.
c. The annual biennial traffic monitoring report must contain the following
information:
(1) P.M. peak hour existing volumes and tuning movement counts at all
site access onto US 41 and Coconut Road, and a comparison to the project trip generation
assumed in the DRI analysis.
(2) For existing conditions and a one-year projection, P.M. peak hour
peak season tuning movement counts, Pelican Landing’s estimated share of traffic, and an
estimated level of service for the intersections identified in Paragraph H.1.b. as impacted
by this project.
(3) For existing conditions and a one-year projection, P.M. peak hourpeak season traffic counts, Pelican Landing’s estimated share of traffic, and an estimated
level of service for the roadway links identified in Paragraph H.1.b. as impacted by this
project through build out.
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 37 of 57
U:tCity Attorney\Zoning Orclinances\12-_ Pelican Landing DRI 1 1BOS-DRI00001.doc
(4) An estimate of when the monitored roadways and intersections will
exceed adopted levels ot service.
(5) A summary of the status of road improvements assumed to be
committed in the ADA, including the following:
Foady Segment Improvement Schedule
Pelicans Nest Pelican’s Nest 0 to 2 Planning Horizon I
l)r to US 41 (1997/98)
Corkscrew Road 1-75 to freeline 2 to 4 Planning Horizon I
Ave. (1997/98)
US 41 Alico Rd. to 4 to 6 Planning Horizon 1
Island Park Rd. (1997/98)
US 41 Island Park Rd. 4 to 6 Planning Horizon I
to south of (1997/98)
Daniels Parkway
Bonita Beach Road Hickory Blvd. to 2 to 4 Planning Horizon!
Vanderbilt (1997/98)
(6) A summary of the roadway and intersection improvements listed in
Paragraph H. 1 .b. that have been constructed, and the program status of the remainder.
d. If the annual biennial monitoring report confirms that the peak season
P.M. peak hour traffic on the significantly impacted roadways exceeds the level of service
standards adopted by Lee County or Bonita Springs, or is projected to exceed the adopted
level of service standards adopted by Lee County or Bonita Springs within the forthcoming
12 months, and if the project is utilizing 5% or more than 5% of the roadway LOS “IY’
service volume at the adopted level of service standard during peak hour peak season
traffic conditions, then further local development orders, building permits and certificates of
occupancy may not be granted until the standards of the County’s concurrency
management system have been met. This means that adequate district-wide level of
service capacity must be available through 1999. After 1999, significantly impacted
individual links must be operating at the adopted level of service, or an improvement to
achieve the adopted level of service must be is scheduled for construction in the first three
years of an adopted local government capital improvement program or state work
program.
e. If the annual biennial traffic monitoring report confirms that the peak
season P.M. peak hour traffic on the segment of US 41 in Collier County from Immokalee
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 38 of 57
U:\City AttorneyZoning Ordinances\1 2-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
Road to Old US 41 exceeds the level of service standard adopted by Collier County and if
the project is utilizing more—tha 5% or more of level- of—seioe—D the roadway service
volume at the adopted level of service standard during peak hour, peak season traffic
conditions, then further building permits may not be granted until the subject roadway
segment is committed for construction by the Florida Department of Transportation and/or
Collier County.
1. In the event the developer confirms that no additional development
occurred on any portion of the site for the year, even after the approval of a local
development order, they may submit a Letter of No Further Transportation Impact’ in lieu
of fulfilling the transportation monitoring portion of the Annual Biennial Monitoring Report.
5 Future Extensions
Any future extensions that cumulatively exceed seven years after the current 2020
buildout date (excepting any time where Florida Statutes specifically excludes the time
from being calculated) will require the applicant to meet with the County, CItvJDOT, and
SWFRPC transportation staff to determine the appropriate methodology for the
transportation analysis and to determine if a detailed link and intersection analysis is
necessary. The transportation analysis resulting from the methodology meeting must be
submitted with the Notice of Proposed Change (NOPC) application.
I. Wastewater ManagementlWater Supply
1. The developer or the Bayside or Baywinds Improvement Distnct must
obtain a South Florida Water Management District Water Use Permit, or a Modification to
an existing Consumptive Use Permit for any water withdrawals, and for dewatering
activities proposed in connection with on-site construction that does not qualify for a No
Notice General Permit, under Rule 40E-20.302(4), F.A.C.
2. Builders within Pelican Landing must utilize ultra low volume plumbing
fixtures, self-closing or metered water faucets, and other water conserving
devices/methods consistent with the criteria outlined in the water conservation element of
the Bonita Springs Utilities, Incorporated, SFWMD Water Use Permit or the water
conservation element of any other approved utility provider utilized by the Development.
3. Developers must utilize xeriscape principles in the landscape design
of the project to further the conservation of nonpotable water.
4. If reclaimed water is available for use within the project to address a
portion of the project’s irrigation demands, the developer or Bayside or Baywinds
Improvement District, as appropriate, must ensure that on-site lakes, wetlands, and the
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 39 of 57
U:Cty Attorney\Zoning Ordiriancesti 2-_ PelEcan Landing DRI 11 BOS-DRI0000I .doc
suiface witer management system are protected in accordance with the requirements of
the SFWMD and FDEP.
5. [he developer owner or tenant who owns or operates a commercial
facility that generates hazardous commercial effluent must provide written assurance that
any hazardous commercial effluent, generated by them project, will be treated separately
from domestic wastewater, and handled in accordance with FDEP regulations.
(3. Except for temporary septic tanks for construction trailers or for sales
offices/models, septic tanks are prohibited.
7. All potable water facilities, including any on-site potable water
treatment system, must be properly sized to supply average and peak day domestic
demand, as well as fire flow demand. Fhe facilities must be constructed and sized in
accordance with all pertinent regulations of the FDEP, Lee County, Bonita Springs, and
any Fire Control District with jurisdiction.
8. All irrigation systems constructed for the golf course, landscaped
areas and commercial/office portions of the project must be designed to accommodate
effluent for irrigation use. Reclaimed water, to the extent it is available, must be used to
address irrigation needs. The remaining demand will be satisfied through approved
groundwater or surface water withdrawals. Reclaimed water must be used in accordance
with all applicable regulations.
J. Police and Fire Protection
1. Construction must comply with the fire protection requirements of all
building, development, and life safety codes adopted by Lee County and Bonita Springs.
2. Facilities qualifying under the Superfund Amendments
Reauthorization Act (SARA) Title Ill and the Florida Hazardous Materials Emergency
Response and Community Right to Know Act of 1988, must file hazardous materials
reporting applications in accordance with Sections 302 and 312. Each reporting facility
must update these applications annually.
3. The developer must provide for the emergency medical service
impacts and fire protection impacts generated by the proposed development through the
payment of fire and EMS impact fees as set forth in the as defined by Lee County or the
City of Bonita Springs Land Development Code as appropriateregulations.
4. If access to development is through a security gate or similar device
that is not manned 24 hours per day, the developer must install an override switch in a
glass-covered box for use by emergency vehicles, or a comparable system that permits
emergency vehicles to access the project. The parking lot for the beach parking lot is
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 40 of 57
U:\City AttorneyZoning Ordinances\1 2- Pelican Landing DRI 11 BOS-DRI0000I .doc
required to be (Jated or closed by the zoning resolution. The gate, chain or other (levice to
prohibit access to the parking lot after hours will be unmanned, and the override system
required by this condition does not apply to the parking lot gate, chain, or other device.
5. The project’s impact on fire protection and rescue service delivery will
be met by the ad valorem taxes, EMS impact fees and fire impact fees.
K. Interface Zone
I. The Developer will continue to design, develop, and maintain any golfcourse constructed adjacent to the mangrove fringe area of Estero Bay in accordance withcondition 14 a. through I. of Lee County Resolution Number 7-94-014. Adjacent to themangrove fringe means any golf course constructed within 500 feet of the mangrovefringe.
2. The Developer will continue to employ management strategies toaddress the potential for pesticide/chemical pollution of groundwater and surface waterreceiving areas, including but not limited to, Estero Bay, the mangrove fringe and anytransition zone wetlands of Estero Bay, that may result from the development of a golfcourse and water management areas within 500 feet of the mangrove fringe of Estero Bay.
3. The management practices that the Developer will continue to followare as follows:
a. The use of slow release fertilizers and/or carefully managed fertilizerapplications that are timed to ensure maximum root uptake and minimal surface waterrunoff or leaching to the groundwater.
b. The practice of integrated pest management (1PM) when seeking tocontrol various pests, such as weeds, insects, and nematodes. The application ofpesticides will involve only the purposeful and minimal application of pesticides, aimed onlyat identified targeted species. The regular widespread application of broad spectrumpesticides is not acceptable. The 1PM program will minimize, to the extent possible, theuse of pesticides, and will include the use of the USDA-SCS Soil Pesticide InteractionGuide to select pesticides for uses that have a minimum potential for leaching or loss dueto runoff depending on the site specific soil conditions. Application of pesticides within100 feet of the jurisdictional mangrove system is prohibited.
c. The coordination of the application of pesticides with the irrigationpractices (the timing and application rates of irrigation water) to reduce runoff and theleaching of any applied pesticides and nutrients.
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 41 of 57U:\City AttorneyZoning Ordinances12-_ Pelican Landing DRI 11 BOS-ORI0000I .doc
‘1. Ehe utilization of a golf course manager licensed by the state to use
restricted pesticides and experienced in the principles of 1PM. The golf course manager
will be responsible for ensuring that the golf course fertilizers are selected and applied to
minimize fertilizer runoff into the surface water and the leaching of those same fertilizers
into the groundwater.
e. The storage, mixing, and loading of fertilizer and pesticides will be
designed to preventlminimize the pollution of the natural environment.
4. Fhe Developer will continue to prepare a management plan for the
application of herbicides, pesticides, and fertilizers on the original Pelican Landing DRI golf
course adjacent to the mangrove fringe of Estero Bay. This plan was midst-be amended to
include the Kersey-Smoot parcels prior to the application of any herbicides, pesticides and
fertilizers to the proposed golf course. The amended management plan must: include a
groundwater and surface water monitoring plan; provide for testing to assess whether
there are any herbicide, pesticide, or fertilizer pollution of the water within the area of the
golf course located within 500 feet of the mangrove fringe; identify the locations for the
groundwater monitoring and testing on a map(s); and, set forth the testing and reporting
requirements. The developer has will submitted the test reports with the annual monitoring
report. The monitoring program will—be established and operated at the expense of
the Developer, the Bayside Improvement District, or other comparable legal entity charged
with the legal responsibility of managing the golf course. This plan will be evaluated in
accordance with the directives of Chapter 17-302, F.A.C., Water Quality Standards. The
monitoring was conducted for a period of fifteen +1- years and during that time there were
no water quality violations. The golf course conditions and the approved management
plan for the application of herbicides, pesticides, and fertilizers are effective and have
protected and will continue to protect the water quality.. WCI and its successor will
conduct the monitoring for one year after turnover and once at buildout. Thereafter, the
monitoring requirement will be terminated and will be of no further force and effect.
5. The Developer will submitted a written amended surface and groundwater
quality management plan to Bonita Springs, Lee County and DGA DEC. The amended
plan was must be approved by DGA DEC prior to the application of chemicals to the
proposed golf course. The DGA DEC will have 30 working days to review the
management plan and approve or object to the plan in writing. The objections must be
based on valid rules and regulations, and must identify how the concerns or issues can be
addressed by the developer. The Developer must resubmit a revised water quality
management plan to address the valid objections. DGA DEO will have 30 days in which to
review any revised management plan and must provide written comments or approval in
the same manner as for the original management plan. Should QGA DEO fail to provide a
written response within the prescribed time frames, the plan will be deemed approved.
6. If groundwater or surface water pollution occurs, as that term is defined by
the rules or regulations in effect at the time, and should the pollution be caused by the
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 42 of 57
U:City AttorneyZoning Ordinances\12-_ Pelican Landing DRI 11 BOS-DRI00001.doc
application of fertilizers, herbicides or pesticides to the golf course adjacent to the
mangrove wetlands, the application of the pollutant must cease until there is a revised
managelTient plan for the application of the pollutant. A determination that the application
of fertilizers, herbicides or pesticides to the golf course are the cause and source of the
pollution must be based on competent and substantial evidence. If mitigation is necessary
to address the pollution, a mitigation plan approved by DCA DEO will be implemented by
the developer. The mitigation plan will be based on rules and regulations in effect at the
time the plan is reviewed and approved. The approved mitigation plan will be enforceable
as a condition of the Development Order.
7. The mangrove wetland jurisdiction line of Estero Bay will—be-is buffered from
the proposed golf course by a 100-foot-wide undisturbed naturally vegetated corridor,
except for water management facilities permitted by the SFWMD and except for the
removal of exotic plants as required by Bonita Springs. [he 100-foot-wide buffer area will
run along the portion of the golf course that abuts the mangrove wetlands of Estero Bay
south of Coconut Road.
The mangrove line for the Kersey-Smoot and Johnson (Government Lot 1, Parcel 3)
parcels is offset 50 feet, to over 250 feet west of the wetland jurisdictional line delineated
along the western (Estero Bay) side of the Kersey-Smoot parcels. No portion of the
proposed golf course my be located closer than 100 feet to this mangrove line. To
maintain the existing natural mangrove setbacks, no impacts are permitted to the wetlands
on the western (Estero Bay) side of the Kersey-Smoot parcels. This includes both
saltwater and freshwater wetlands contained within the boundary of the wetlands
jurisdictional line. The proposed golf course fairways, tees and greens must be set back a
minimum of 25 feet from all wetland jurisdictional lines on the Kersey-Smoot and Johnson
parcels, except where wetland impacts have been permitted by the SFWMD and the Army
Corps of Engineers. Water management facilities permitted by the SFWMD and the
removal of exotic vegetation, subject to Bonita Springs regulations, are allowed within all
wetlands on the Kersey-Smoot and Johnson parcels.
8. All of the Interface Zone conditions will be interpreted and applied with the
understanding that water quality is regulated by the DEP and the SFWMD. None of the
Interface Zone conditions will be interpreted in a manner which is contrary to Section
403.021, Florida Statutes, the Florida Air and Water Pollution Control Act, and the rules
adopted thereunder.
9. The Interface Zone conditions will not be interpreted in a manner contrary to
public policy directives to utilize domestic reclaimed water. Pelican Landing will not be
responsible for any harmful pollutants applied to the golf course via the reclaimed water,
unless Pelican Landing has actual knowledge that the reclaimed water provided by the
utility contains harmful pollutants.
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 43 of 57
U:\City Attorney.Zoning Ordinances\1 2-_ Pelican Landtng DRI 11 SOS-DRI0000? .doc
ID. The conditions set forth in this DRI Development Order do riot preempt the
authority of the SI-WMD and the DEP. Section 373016, Florida Statutes provides that the
legislature has vested the authority in the DEP/SFWMD to accomplish the conservation,
protection, management, and control of the waters of the state. To the extent that any
iequirements of DCA DEO, SWFRPC, Lee County, or Bonita Springs pursuant to this DRI
Development Order are contrary to those of the SFWMD/DEP, in areas where the SFWMD
and DEP have been given preemptive authority, the requirements of the SFWMD and the
DEP will control.
Ii. The Bayside Community Development District (or successor) will provide a
copyof any required NPDES monitoring to Lee County and the City of Bonita Springs.
Upon turnover of the maintenance responsibilities of the Interface Zone to the Bayside
Community Development District (or successor), the City, County and the Community
Development District may enter into an lnterlocal Agreement to permit access to the
former monitoring sites when under the Community Development District jurisdiction, so as
to permit access to all Interface Zone surface water sites and ground water monitoring
wells for monitoring purposes by the City.
L. Dual Jurisdiction
The Pelican Landing DRI is located within two jurisdictions, namely Lee
County and the City of Bonita Springs. For State review purposes, the DRI will be
considered an integrated and whole development, such that al approvals for development
under the DRI Development Order will be applicable to the entire Pelican Landing DRI
without regard to the jurisdictional split.
To this end, the developer is required to provide contemporaneous copies of
any and all NOPC applications filed with respect to the Pelican Landing DRI to both the
City and the County, even though the property actually affected by the amendment may be
located wholly with one or the other jurisdiction. The jurisdiction most affected by the
NOPC (i.e., as determined by the location of property affected by the proposed change)
will take the lead in processing the NOPC. However, both jurisdictions may have input into
the NOPC process, as a principle, if desired.
Ill. LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT ORDER, AND
ADMINISTRATIVE REQUIREMENTS
1. This amended Development Order constitutes a resolution of Bonita
Springs, adopted by its City Council, in response to the application fifed by WCI
Communities, LR. to amend the Pelican Landing Development of Regional Impact
Development Order.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 44 of 57
U: City AttorneyZoning Ordiriances\1 2-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
2. All (;omlmtments and impact mitigating actions volunteered by the
developer in the Application for Development Approval and supplementary documents that
are not in conflict with conditions or stipulations specifically enumerated above are
incorporated by reference into this Development Order. These documents include, but are
not limited to the following:
(a) Pelican Landing Application for Development Approval,
stamped Received October 26, 1992;
(b) Pelican Landing DRI sufficiency response, stamped Received
February 5, 1993;
(c) Pelican Landing DRI sufficiency response, stamped Received
July 6, 1993;
(d) Pelican Landing DRI sufficiency response, dated September
16, 1993; and
(e) Pelican Landing DRI sufficiency response, stamped Received
November22, 1993.
3. Map H, last revised ApciI-3.-2OG2 January 2006, and stamped received
at the permit counter on May 2, 2006
_____________,
is attached hereto as Exhibit E and
is incorporated by reference. It is understood that because it is a concept plan it is very
general. The boundaries of development areas and location of internal roadways may be
modified to accommodate topography, vegetation, market conditions, traffic circulation or
other site related conditions as long as they meet local development regulations. This
provision may not be used to reduce the acreage of the EcoPark or other open space or
preserve acreages. It is understood that the precise wetland boundaries are determined
by the U.S. Army Corps of Engineers, SFWMD, FDEP and Lee County. A synopsis of the
development parameters permitted under this approval and depicted on Map H are set
forth in attached Exhibit F.
4. The Development Order is binding upon the developer(s) and its assignees
or successors in interest. Where the Development Order refers to the Bayside
Improvement District, lot owners, business owners, or other specific reference, those
provisions are binding on the entities or individuals referenced. Those portions of this
Development Order that clearly apply only to the project developer are binding upon any
builder/developer who acquires any tract of land within Pelican Landing DRI.
5. The terms and conditions set out in this document constitute a basis upon
which the developer and the City may rely in future actions necessary to implement fully
the final development contemplated by this Resolution and Development Order.
DRAFT FOR DISCUSSION PURPOSES .
DATE PREPARED: January 26, 2012 Page 45 of 57
U:\CityAttorney\Zoning Ordinances\12-_ Pelican Landing DRI 11BOS-DRI00001.doc
All (:ondltions, restrictions, stipulations and safeguards contained in this
Development Order may be enforced by either party by action at law or equity. All costs of
such proceedings, including reasonable attorneys fees, will be paid by the defaulting
party.
1. Any leterence to a governmental agency will be construed to mean any
Future instrumentality that may be created and designated as successors in interest to, or
which otherwise possesses any of the powers and duties of, any referenced governmental
agency in existence on the effective (late of this Development Order.
8. If any portion or section of this Development Order is determined to be
invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision will in
no manner affect the remaining portions or sections of the Development Order, which will
remain in full force and effect.
9. This Development Order grants limited approval and does not negate the
developers responsibility to comply with all applicable federal, state, regional and local
regulations.
10. Subsequent requests for local development permits will not require further
review pursuant to Section 380.06, Florida Statutes, unless the City Council of Bonita
Springs, after due notice and hearing, finds that one or more of the following is present:
(a) A substantial deviation from the terms or conditions of this
Development Order, or other changes to the approved
development plans that creates a reasonable likelihood of
adverse regional impacts or other regional impacts not
evaluated in the review by the Southwest Florida Regional
Planning Council; or
(b) An expiration of the period of effectiveness of this Development
Order.
Upon a finding that any of the above is present, City Council must order a
termination of all development activity in the development affected by a substantial
deviation or expiration of time until such time as a new DRI Application for Development
Approval has been submitted, reviewed and approved in accordance with Section 380.06,
Florida Statutes, and all local approvals have been obtained.
11. The project has a build out date of May 20, 2018 May 20, 2020, and a
termination date of May 20, 20262021. This term is based on a fourteen year three
hundred and sixty-four day build out and the recognition that a focal Development Order,
which is valid for six three years, may be obtained in the last year, and a recognition of the
141 day time period during which the time frame was tolled.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 46 of 57
U:City AttorrieyZoning Ordinances12-_ Pelican Landing IDRI 1 1BOS-DRI00001.doc
12. The developer and the Bayside Improvement District may not exercise any
rights of condemnation to acquire land within the development commonly known as Spring
Creek Village, El Dorado Acres, Estero Bay Shores, Mound Key Estates and Spring Creek
Estates.
13. Pursuant to an lnterlocal Agreement for Community Development services,
the Administrative Director of the Lee County Department of Community Development, or
his/her designee, will be the local official responsible for assuring compliance with this
Development Order.
14. The project will not be subject to down-zoning, unit density reduction,
intensity reduction or prohibition of development until May 20, 201-224 2026. If the City
clearly demonstrates that substantial changes have occurred in the conditions underlying
the approval of the Development Order through public hearings on an amendment to the
zoning and/or this DRI Development Order then a down-zoning, unit density reduction, or
prohibition of development may occur. These changes would include, but would not be
limited to, such factors as a finding that the Development Order was based on substantially
inaccurate information provided by the developer, or that the change is clearly established
by local government to be essential to the public health, safety and welfare.
Lee County will reserve to this DRI until 2026 201221, 300 acres of residential use
allocation in each of the Urban Community and Outlying Suburban Future Land Use
Categories (for a total of 600 acres), as established by Lee Plan Map 16, The Planning
Communities Map and Table 1(b), known as the Planning Community Year 202030
Allocation. This reservation has the effect of reserving all of the acreage transferred from
Gateway to Pelican Landing for the duration of the Development Order. The property
located in the City of Bonita Springs is located in the Moderate Density Mixed Use Planned
Development land use category.
15. The developer, or its successor(s) in title to the undeveloped portion of the
subject property, will submit a report biennially annually to Bonita Springs, Lee County,
SWFRPC, F-DGA DEC and all affected permit agencies. This report must describe the
state of development and compliance as of the date of submission. In addition, the report
must be consistent with the rules of the IQA DEO. The first monitoring report was must
be submitted to the Administrative Director of the DGA DEC not later than one year after
the effective date of this Development Order. Further reporting must be submitted not later
than Iwo one years of subsequent calendar years thereafter, until build out. Failure to
comply with this reporting procedure is governed by Section 380.06 (18), Florida Statutes.
The developer must inform successors in title to the undeveloped portion of the real
property covered by this Development Order of this reporting requirement. This
requirement may not be construed to require reporting from tenants or owners of individual
lots or units.
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 47 of 57
U:\City Attorriey’Zoning Ordinances\12-_ Pelican Landing URJ 11 SOS-DRI00001 .doc
16 In compliance with a condition of the first development order
.iinendment, the developer did amend this Development Order to incorporate the portion of
the Spring Creek DRI located west of US Highway 41 into the Pelican Landing DRI. A
legal description of that portion of the Spring Creek DRI, along with the conditions of the
Spring Creek Development Order that are applicable to the Spring Creek West property
are now incorporated into this development order). The impacts of the Spring Creek
development will not be considered separately or cumulatively in any future change to the
Pelican Landing Development Order. A change in the development plan for the Spring
Creek property could be a substantial deviation that would require further analysis of
Spring Creek West. The amendment was adopted solely for the purpose of consolidating
Spring Creek West and Pelican Landing under the same Development Order and none of
Spring Creek West’s vested rights will be lost because of the amendment.
17. The City will forward certified copies of this Development Order to the
SWFRPC, the developer, and appropriate state agencies. This Development Order is
rendered as of the date of that transmittal, but will not be effective until the expiration of the
statutory appeal period (45 days from rendition) or until the completion of any appellate
proceedings, whichever time is greater. Upon this Development Order becoming effective,
the developer must record notice of its adoption in the office of the Clerk of the Circuit
Court, as provided in Section 380.06(1 5), Florida Statutes. The inclusion of the Baywinds
parcel as part of the Seventh Development Order amendment does not divest the rights
provided in the permits, development orders, and government approvals obtained on that
parcel based on the plan of development reflected in Lee County Development Order No.
95-12-068.OOD. These approvals were granted prior to its inclusion in the Pelican Landing
DRI and will allow for the development of the Baywinds Parcel consistent with the plan of
development reflected in Lee County Development Order No. 95-12-068.OOD.
DULY PASSED AND ENACTED by the Council of the City of Bonita Springs, Lee
County, Florida, this 28th
____
day of October , 2002
AUTHENTICATION:
Mayor City Clerk
APPROVED AS TO FORM:
____________________
City Attorney
Vote:Acen8 Nelson Aye Piper Spear AyeE4sa14 Mcintosh Aye Wagnec Simons Aye
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 48 of 67
U:\City Attorney\.Zoning Ordinances\12-_ Pelican Landing DRI 11 SOS-DRI00001 .doc
Nelson Martin Aye Wartield Lonkart AyePass Slachta Aye
Date tiled with City Clerk:
____________________________
Attachments:
Exhibit A. Legal Description of the Pelican Landing DRI area within unincorporated LeeCounty.
Exhibit B. Legal Description of the Pelican Landing DRI area within the City of BonitaSprings, but excluding the Spring Creek West DRI area.
Exhibit C. Legal Description of the Pelican Landing DRI area encompassed by theSpring Creek West DRI, located in the City of Bonita Springs.
Exhibit D Sketch of the legal descriptions of Pelican Landing DRI.
Exhibit E. Map K, Master Development Plan - last revised November 19, 2001 January2006, stamped received April 8, 2002 May 2, 2006.
Exhibit F. . Pelican Landing DRI Development Parameters
DRAFT FOR DISCUSSION PURPOSESDATE PREPARED: January 26, 2012 Page 49 of 57U\City Attorney\Zoning Ordinances12-_ Pelican Landing DRI 11BOS-DRI0000I.doc
EXHIL-IIT A’
Lega’ Description of the Pelican Landing DRI area
within unincorporated Lee County
DRAFT FOR DISCUSSION PURPOSES
DATE PREPARED: January 26, 2012 Page 50 of 57
U.\CityAttorney\Zoning Ordinances\12- Pelican Landing DRI 11BOS-DRJ00001.doc
EXHIBIT “B”
Legal Description of the Pelican Landing DRI area withinthe City of Bonita Springs
EXHIBIT C’
Legal Description of the Pelican Landing DRI areaencompassed by the Spring Creek West DRI
EXHIBIT “D”
Sketch of the legal descriptions of Pelican Landing DRI
EXHIBIT E
DRAFT FOR DISCUSSION PURPOSES PAGE 54 OF 57JANUARY 6,2012U:City Attomey\Zoning Ordlnances\12-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
MAPH
DRAFT FOR DISCUSSION PURPOSES PAGE 55 OF 57JANUARY 6, 2012U:\Cty Attorney’Zoning Ordinances\1 2-. Pehcan Landing DRI 11 BOS-DRI00001 .doc
EXHIBIT “F”PELICAN LANDING DRI
DEVELOPMENT PARAMETERS(updated through _j
Build outExisting Total
Land Use Units1 (3998) (2011) (20092020)
Residential DU 408 2,677 4,400 3,912
Single Family DU 402 846 6930Multi Family DU 596 T31 3-72982
Retail2 GFA 1-4,00021,000 300,000
Office3 GFA 134,738 229,222 475,000
Hotel/Motel Rooms 0 4 750
Recreation Uses
Pelican Nest Golf *Within Pelican Landing DRI/Sprinci Creek Holes notincluded
Course/Clubhouse)Practice Range Holes 24 Q 30
Colony Range Club!Golf Course!Clubhouse/PracticeRange Holes 19 19
Resort Golf Course/Clubhouse PracticeRange Holes 0 jj 28
Tennis Center Courts 4224 24
Coconut Marina Boat SlipsWet 24 48Dry 0 150
DRAFT FOR DISCUSSION PURPOSES PAGE 56 OF 57JANUARY 6, 2012U:\City AttomeyZoning Ordinances1 2-_ Pelican Landing DRI 11 BOS-DRI00001 .doc
Redfish Point GFA 5,000 5,000Boat SlipsWet 15 15
Other4 Boat SlipsWet 2 2
Accessory Parking G 3.2Footnotes:
1 UnitsDU - Dwelling UnitsGFA - Square Feet of Gross Floor Area
2 Includes conference center, community center and clubhouse/marina3 Includes Foundations”4 Ancillary Use
DRAFT FOR DISCUSSION PURPOSES PAGE 57 OF 57JANUARY 6, 2012U:\City Attomey’.Zonirig Ordinances1 2-_ Pelican Landing DRI 11 BOS-DRI0000I .doc
/()NIN( ( )Hl)INAN( E N( ) 2
A /i)NIN(j uRl)INI’ji(;1: iF CI I’( ( )I— HONI FJ\ [HlNOS, FIORlDA
( NSII )FHIN( A REQUES F BY PALM I AKE RFSOR F, LW FO REZONE
I R( )M A( RI( 1JL IIJRAL (A( -2) I( ) A I FCHEA FI( )NAI_ VFHI( ThE P1 ANNEE]
I )EVEL( )PMEN F (RVPD) [() ALLOW A MAXIMUM OF g RECREA FIONAL (RV)
i\NI )/( )R M( )HIl_F I b )ME (MH) IJNI FS WI FFIIN Ii IF PROJEC F, I .OCA FED A F
I 324 )LJ( K I AKF I_O( )P, I 30N1 IA PRIN( S, LI .ORIDA, ( )N I 5 ‘-I- ACRES;
1H( )VII )lN( F( )R AN FFFFC FIVE DA FE.
WI IFREAS, I urn Lake Resoi t, ILO. has tiled in ipplication to ezone I 5
/ I n;r s [rein A )ric_ultur;1I (A( —2) to I ecreational Vehicle Planned
)veh )i n- it R\JP U) to illow i n u lint Hfl [ () ecreational ( RV) md/or Mobile
I lome (MH) ntIs within the prolect. I his is the companion zoning case to
II OS •( IAO(J00 1 a small—scale Ft iture Land Use Map change.
VVHEREAS, the suhiect property is located it south side of Bonita Beach
Road, between the existing Omeat Space Storage facility and Palm 1_ake RV
Resort located it I 13:34 Duck Like Loop, I3onita Springs, Florida, and is
lescrihed more particularly as:
‘See Exhibits’
WHEREAS, a Public I-fearing was advertised and heard on January I 7,
2012 by the City of I3onita Springs Board for Land Use Hearings and
Adjustments and Zoning Hoard of Appeals (Zoning Board’) on Case I IBOS
PD00008 who gave hill consideration to the evidence available and
recommended
____________
and gave full and complete consideration of the
iecord, consisting of the Stall Recommendation, the documents on file with the
City and the testimony of all interested parties. Fhe January 3, 2012 Staff Report
prepared by Community Development and evidence submitted at the Zoning
Hoard hearing is on tile with the City Clerk.
NOW, FHEREFORE, 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
_____________
the rezoning from
Agricultural (AG-.2) to a Recreational Vehicle Planned Development (RVPD) with
the following conditions.
A. CONDiTIONS
CRAFT FOR DISCUSSIONS PURPOSES Pige 1 of 3
JANUARY 13, 2012I (:ty AriorneyZaning ()rdin.incesC2- — ‘urn Luke Resort LLC No ii 305 P000006 doc
ut this puct must 1)0 :OmNisterit with the 1)110 plujO
i1ister ( L)ui((4)t 11111 OfltitIO(I ‘P:ilmn Luke Heort HVI2I),’ prLpIE0(I
( ;Ihy P’jlunur, cIited, .hily 201 I, mud ;t;uunped IOCO1VOIJ J\mmuist 23,
ii I 1 ;<ll1)t iS Iilu)(iuliu)(1 by time LUiHhIti’)I1S 1)010W. I 1115 de’JeiOpuTlf—Nlt
mmuist (:niill)iy with ill reqi.iirernerits ot the City ut Honita Sprinqs Land
I ) ielopinimt Cu(Ie it time it local l)evelopinerit Order Approval,
Xc(3it IS i111’/ be (jrlflte(i b’/ (h-VidtiOfl is pait ()t this i.)hiuined
I VI l( )puulel it. I hanqes to the Master ( oncept Plan ire
mi1)suIuieimtIy puiisiit—d, ippropimate ipprovuls will be necessary.
10 tOII( )Wl11( } units ipply to the pi o)ect Ifl(i uses:
u imudiule ut I ises
\cc ssui y I Jses 111(1 Stn ictures
A hunmuimstrahve Offices — Including on site OlficelResudence
_uinrnuuiiuty Recreation Area
oveied Picnic Shelter
Uwehlung Units — Mobile Homes
I sseumtial Service Facilities — Group I and II
Outdoor Recreational Uses such as Pool, Shuffle Board,
Horseshoes,I 3occi Ball, Fennis Courts
Recreation Vehicles — Fransient i4-Non—Fransnen
:)i(Jns — lii Conformance with City Regulations
b. l)evelopinent Standards
Minimi rn Yards
i-runt: 10’
Si(ie: 0’ or Minimum 10’ Between Structures
I ear: 1 0’
PD Perimeter: 10’ (Except unit located adjacent to
eastern boundary which may be 0)
Maximum Building Height: 25’
Maximum Lot Coverage: NA
Open Space: 40%
‘3. Consistent with the requirements of Florida Statutes §163.3184 any
..hanges approved by this zoning action are contingent upon the
companion comprehensive plan amendment becoming effective.
ii the e’ieimt that this property and me ‘xistinq Palm Lake property
discontinues its joint ownership and / or use, then prior to sale the
U RAFT FOR DISCUSSIONS PURPOSES Piqe 2 of 3
JANUARY 18, 2012Ii cm’ Ammo1my\Lonnq 0rriln;lnc.esI ,‘. — ‘ urn Luke ieort, LW se No. 1130S-P000006.doc
l)l)l(; iirt ‘jiil r (:urc I i sti ictive :o’i ii rirt; i; to iisr ii -
11(1 F((l(,itiOI1Il •II(1 roiiitttit ‘iitti (l(ViItk)I1 tlii(t
lii; iItvlpiirt—iit iinit iiiijI Vitli ill [ tti t tht.
lloiiit;i ;)IiI1(jS l_l)( it lh tune ul kc:il development urder
ipprovil, X(O)t 15 liii’, be gr;iIite(I by deviations )pprove(I is part
it this p1; uiriod leveloprilerit.
i i\pprov.rl u[ this iuzoiiiiuj ik)es riot qu;rr;urtee local development
br ippi ov; il. H III 1iE ( bevebopment order ipprovals I 01 1St ;; itusfy
lie regriiroineiits of the City of Ronita iifl(JS (i)mflpIeheflSIVe Plan
I ( )V IS i( )fl 5
)uvi; I trOllS
I )evi, i ti( )fl i inc iS J11 nited provid rig relief From [DC 4—939( b )( :i
which requireS a 40 loot wide perimeter butter to allow for a 5 toot
wit be bulfer on the southern and western property boundary and no
hi ilter on the northern and eastern boundaries.
2. Deviation two is granted, providing relief from [DC 4-939(b)(4),
which requires a minimum street right-of-way or easement of 50
feet to illow access via a 20 foot wide private access easement
(Duck [‘ike [oop).
Deviation three is granted, providing relief From [DC 4-939(b)(5),
which requires a :3000 square foot recreation area to allow the
planned development to share the recreation area with the adjacent
Palm [ike RV park, since the small size of the project does not
warrant its own recreational facility.
4 Deviation tour is granted, providing relief from [DC 4-2192, which
requires a 20 foot setback for private right-of-way to allow a 10 toot
setback, to allow the property owner to work with the features of the
existing subject property and allow flexibility in the location of each
ii nit.
5. Deviation Five is granted, providing relief from [DC 4-2 194 which
requires a 25 Foot setback to allow a 20 foot setback, to allow
Flexibility in the location of each unit.
Findings and Conclusions:
3isedripon an analysis of the application nd the standards for approval f the
;)linTuiEid Iuvelnpment, i3onrta 5prings City Council makes the Following findings
md conclusions:
DRAFT FOR DISCUSSIONS PuRPOSES Page 3 of 8
JANUARY 18, 2012ii City Attorney\LOflIrMJ Urdninces\l- — I ‘urn L,dke Resort, LLC - Cise No I A B05-P000006 doc
I Iit .il)[)lIc:illt ILlS proVen olititlOIflfNlt to the I ;iIrn ike l’esort
I\/Il ) h’,’ IiinoiistriIiiiq ()Iil)IIi1i(’- ‘vith thi.: ( ity of IoniLi -)prir1gs
?;in, IlH- ( iIy of Ioriit;j prIr1qs I_and IJevelopiflerit
;O(Ie, IIiI1 OtiThi 1ppIi(lhle :(I(s .111(1 r((J1iI;ltlOr1S.
I lie r(NI(iCSt(-(J planned leve)pineiit IS conditioned:
) iiioets or exceeds ill peitoiiJuiiice 111(1 ?Oc.ItIOIlJl StUIl(LiI(JS set
uth for the potential ises illowed by the request:
b) ; consistent with the densities, intensities and (Jeneral uses set
I )i lb in the City of l3oniiLi prings Comprehensive Plan:
:) i; (OInpLltible with existing or planned uses in the surrounding
irea: arid
I) ‘ivill t)t adversely itfect environmentally critical areas or ni;itural
esolirceS.
!. Jpprov;il of the request will not place in i indue burden i ipon
xisting transportation or planned infrastructure facilities and the
site will he served by streets with the capacity to carry traffic
jenieraited by the development.
4. Urban services, is defined iii the City of Bonita Springs
Comprehensive Plan, are, or will he, available and adequate to
:;erve the proposed and use.
5. Fhe proposed use or mix of uses is appropriate at the subject
I (JCJ tOll.
13. Fhe deviations granted as conditioned:
a) enhance the oblectives of the planned development: and
b) preserve and promote the general intent of the LDC to
protect the public health, safety and welfare.
SECTION FWO: EFFECTIVE DATE
rhis 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 15” day of February, 2012.
AUTHENTICATION:
Mayor City Clerk
DRAFT FOR DISCUSSIONS PURPOSES Page 4 of 8
JANUARY 18, 2012U Cty A(torney(Iomnq Or’iinanCes( 2- — i’Im Like Resort, Li_C C’;e No II BUS-P000006 (-bc
CU,a,
DZr
—
DC-
“1),
—
=
2:—
‘Nip
‘5 of 3
I —
:,;
L
Ii IT:
‘N,
-- V,b\IW’4 I 4.
I’ I • -II I
r
DRAFT FC? DISCUSSIONS PuRPOSES Piqe 7 Of 8
JANUARY 18, 2012
U ‘Cty ttorntyIZonIrq Orrii,ii :s 2- ‘iim Like Rort. 1W Cisc No Ii f30S-P01J0U06 inc
I.
-
I
I
M;isttti (:un(:Upt ILB ,fltItIe(i ‘liIin Like Resoit RVPI) prep1re(i by (i.uly
Muv)c, tI;ikHl, July () I I, .1(1(1 ‘;t;liTlpe(1 receiveti August II, 21)11
0RAFT FOR DISCUSSIONS PURPOSES
JANUARY 18, 2012U Cdv Ordinancss\l2-_P iWo 1.jke Resort, LLC - Cise No. I IBOS-P000006 doc
Page 8 of 8
I .1
I,
I;
*
-
/‘I - -z
.1 . - ‘
I I
BONITA SPRINGS CITY COUNCIL JiiEEN SET 12-02-0025AGENDA ITEM SUMMARY
-
REQUESTED MOTION: Update on the Veterans Advisory Committee activities and request for approval oflocation of the Veterans Memorial Monument at Riverside Park.
MEETING DATE: February 1, 2012
AGENDA: REQUIREMENT/PURPOSE: (Specify) REQUESTOR OF INFORMATION:PRESENTATIONS STATUTE
CONSENT ORDINANCE Councilman Steven SlachtaPUBLIC HEARING ADMIN. CODE District 3APPEALS OTHER
X MAYOR AND COUNCILMEMBER’S REPORTSCITY A1TORNEY
CITY MANAGER
BACKGROUND:
The Veterans Advisory Committee has finalized the plans for the Veterans Memorial Monument to be placed atRiverside Park. City Council has previously approved the color rendering and design of the monument. TheCommittee has worked with the artist to provide a site plan for the proposed location in the park. Themonument will be constructed etched granite and will weigh approximately 25,000 pounds. It will be just under10 feet tall, approximately 12 feet long and at its widest point 2 1/2 feet wide.
Staff will coordinate with the artist on attaining all of the required building permits and necessary equipmentneeded for installation per the previously approved agreement with the artist.
Attachment: Proposed location on Site Plan of Riverside ParkSTAFF RECOMMENDATIONS: Approve final location of the Veterans Memorial Monument at RiversidePark.
REVIEWED BY:
City Manager:
____________________________
City Attorney: --‘
City Clerk:
___________________________
Department Director: LA
COUNCIL ACTION:
APPROVEDDENIEDDEFERREDOTHER
G:\Green Sheets\GREENSHEETS - 2012\02 February\12-02-0025 Veterans Memorial Monument.doc
r--
AV
.
I
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0030
AGENDA ITEM SUMMARYREQUESTED MOTION: APPROVE A RESOLUTION ACCEPTiNG THE RESIGNATION OF A MEMBEROF THE CITY OF BONITA SPRINGS BOARD FOR LAND USE HEARINGS AND ADJUSTMENTS ANDZONING BOARD OF APPEALS; AUTHORIZING THE CITY MANAGER TO ADVERTISE THE VACANCY ONTHE BOARD; AND PROVIDING AN EFFECTIVE DATE.MEETING DATE: February 1, 2012
AGENDA: REQUIREMENTIPURPOSE (Specify) REQUESTOR OF INFORMATION:PRESENTATIONS STATUTE
CONSENT ORDINANCE
PUBLIC HEARING ADMIN. CODE Ben L. Nelson, Jr.APPEALS — OTHER Mayor
X MAYOR AND COUNCIL -
MEMBERS_REPORTSCITY ATTORNEY
CITY MANAGER
BACKGROUND:
On June 28, 2000, the City Council approved Ordinance No. 00-06 establishing a Board for Land Use Hearingsand Adjustments and Zoning Board of Appeals, consisting of seven members appointed by the Mayor with theadvice and consent of the City Council. On January 17, 2012, John Mathes (District 6) submitted hisresignation from the board, leaving one vacancy. The attached resolution accepts his resignation, with regret.The City Manager is hereby authorized to advertise the vacancy on the board.
Attachments: ResolutionLetter of resignation
STAFF RECOMMENDATIONS: Approve Resolution accepting the resignation of a member of the City ofBonita Springs Board for Land Use Hearings and Adjustments and Zoning Board of Appeals: authorizing theCity Manager to advertise the vacancy on the board; and providing an effective date.
REVIEWED BY:
City Manager:
City Attorney:
City Clerk:Department Dh
COUNCIL ACTION:
APPROVED
DENIED
DEFERRED
OTHER
CITY OF BONITA SPRINGS, FLORIDA
RESOLUTION NO. 12 -
A RESOLUTION ACCEPTING THE RESIGNATION OF A MEMBER OF THE CITYOF BONITA SPRINGS BOARD FOR LAND USE HEARINGS AND ADJUSTMENTSAND ZONING BOARD OF APPEALS; AUTHORIZING THE CITY MANAGER TOADVERTISE THE VACANCY ON THE BOARD; AND PROVIDING AN EFFECTIVEDATE.
WHEREAS, the City of Bonita Springs adopted Ordinance No. 00-06, creating
the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning
Board of Appeals; and
WHEREAS, John Mathes submitted his resignation from the Board for Land Use
Hearings and Adjustments and Zoning Board of Appeals on January 17, 2012;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bonita
Springs, Florida:
Section 1. The resignation of John Mathes from the Bonita Springs Board for
Land Use Hearings and Adjustments and Zoning Board of Appeals is hereby accepted,
with regret, and the City Manager is authorized to advertise the vacancy on the board.
Section 2. Effective date.
This resolution shall take effect immediately upon adoption.
DULY PASSED AND ENACTED by the City Council of the City of Bonita
Springs, Lee County, Florida, this 1St day of February, 2012.
AUTHENTICATION:
Mayor City Clerk
IJ:\City Ulerk\1)ocurnents\RESOI.UI’lONS\kIS-I 2- ACCII’I RISIGNAFION OF MAIl IFS-ZONING BOARI)doc
APPROVED AS TO FORM:_______________City Attorney
Vote:
Lonkart SimonsMartin SlachtaMcintosh SpearNelson
Date filed with City Clerk:
__________________________
U:\City ( erk\1)ocuments\RFSOLU]’IONS\RIS-I2- ACCIl9 RISIGNAflON OF MAli llS-ZONlNG I3OARI).doc
January 17, 2012
Mayor Ben Nelson
City of Bonita Springs
0101 Bonita Beach Road
Bonita Springs, FL 34135
Please accept my resignation immediately from the Board for Land Use Hearings & Adjustments AndZoning Board of Appeals. It has been increasingly harder for me to make the meetings since themeeting time changed to the 3d Tuesday of the month which is the same date as the Bonita SpringsUtilities meetings.
I have enjoyed my time on the Zoning Board and hope my input has been beneficial to the City.
Sincerely,-7
Jqhn Mathes /
a
BONITA SPRINGS CITY COUNCIL j GREEN SHEET 12-02-0028AGENDA ITEM SUMMARY
REQUESTED MOTION:
Approve the following Resolution to use as redistricting guidelines to follow in redrawing the Council precincts:
A RESOLUTION ADOPTING REDISTRICTING GUIDELINES TO BE USED BY THE CITY OFBONITA SPRINGS IN REDESIGNATING THE CITY’S DISTRICT BOUNDARIES AS A RESULT OFTHE 2010 DECENNIAL CENSUS; AND PROVIDING FOR AN EFFECTIVE DATE.
MEETING DATE: February 1, 2012
AGENDA: REQUIREMENTIPURPOSE: (Specify) REQUESTOR OF INFORMATION:PRESENTATIONS STATUTE
CONSENT — ORDINANCE Audrey E. VancePUBLIC HEARING — ADMIN. CODE City AttorneyAPPEALS X OTHER - CHARTER
MAYORANDCOUNCIL —
MEMBER’S REPORTS —
X CITY ATTORNEY
CITY MANAGER
BACKGROUND:
Section 53(c) of the Charter specifies that the City is to redistrict in the Year 2001 and in the odd-years after eachdecimal census thereafter, and at any time when required by law.
Attached is a resolution, similar to the one adopted by City Council in April of 2002, to incorporate as theguidelines used for purposes of redistricting.
City Council will soon have the important task of reviewing maps prepared to create alternatives for revising theCity’s redistricting lines. Upon adoption of this resolution, City staff will create proposed boundaries to achievebalance of City Council boundaries in accordance with federal and state law. The resolution tonight createsthe legislative record, to be followed by an ordinance for the actual adoption of the boundary changes.
It is anticipated that on the same day as the first reading of the ordinance, City Council should select thedesired map to incorporate within the ordinance, with any revisions as deemed necessary completed by thetime of the second reading of the ordinance.
Attachment: ResolutionSTAFF RECOMMENDATIONS:
Adopt the Resolution, with the understanding that City Council should provide the applicable input so that new CityCouncil precincts are drawn in accord with the Bonita Springs Charter and f €iral law.
REVIEWED BY:7,
City Manager:-City Attorney: 2-
Departm:nt Director:
_______________________
COUNCIL ACTION:
APPROVED
DENIED
DEFERRED
OTHER
G \Green Sheets\GREENSHEETS . 2012\02 Februacy\12-02-0028 Reso - Redsrictwg Gu,ciehnos doe
CITY OF BONITA SPRINGS, FLORIDA
RESOLUTION NO. 12-_
A RESOLUTION ADOPTING REDISTRICTING GUIDELINES TOBE USED BY THE CITY OF BONITA SPRINGS INREDESIGNATING THE CITY’S DISTRICT BOUNDARIES AS ARESULT OF THE 2010 DECENNIAL CENSUS; AND PROVIDINGFOR AN EFFECTIVE DATE.
WHEREAS, Section 53(c) of the Bonita Springs Charter specifies that theCity of Bonita Springs is to redistrict in the Year 2001, and in the odd-years aftereach decimal census thereafter, and at any time when required by law; and
WHEREAS, the City has directed its staff to commence providingrevisions to the City’s district boundaries following the 2010 United StatesDecennial Census; and
WHEREAS, the City of Bonita Springs is desirous of accuratelyredistricting so as to achieve Districts which are reflective of the populationchanges that have occurred since incorporation and to have its Districtswithdrawn in compliance with the Voting Rights Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofBonita Springs, Lee County, Florida:
SECTION 1. The City Council hereby adopts the following redistrictingguidelines to follow in redrawing the Council’s Districts;
1. City Districts must be drawn as nearly equal in population aspractical.
2. City Districts must consist of contiguous territory.
3. City Districts should have a rational configuration taking intoconsideration factors such as compactness and major roads.
4. Pursuant to the Voting Rights Act of 1965, City District boundariesshould not unnecessarily divide areas of concentrated minoritypopulations or drastically discriminate against a political party.
5. Current City District boundaries should be retained where feasible.
6. City district boundaries should take into consideration communitiesof interest and keep communities intact.
U:\Cty Attorney\Resolutions\201 2\1 2-_ Redistricting Guidellnes.docx
SECTION 2. This Resolution shall take effect immediately upon its adoption.
DULY PASSED AND ENACTED by the City Council of the City of BonitaSprings, Florida this
____
day of February, 2012.
AUTHENTICATION:
Mayor City Clerk
APPROVED AS TO FORM:
_______________
City AttorneyVote:
Nelson SpearMcintosh SimonsMartin LonkartSlachta
Date Filed With City Clerk:
_________________
U :\City Attorney\Resolutions\201 2\1 2-_ Redistricting Guidelines.docx
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0029
AGENDA ITEM SUMMARY
REQUESTED MOTION: Review, modify (if required) and then adopt the proposed revised 2011Strategic Plan
MEETING DATE: February 1,2012
AGENDA: REQUIREMENT/PURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS — STATUTE
CONSENT — ORDINANCE
PUBLIC HEARING ADMIN. CODE Carl L. SchwingAPPEALS X OTHER City ManagerMAYOR AND COUNCILMEMBERS REPORTS
CITY ATTORNEY
X CITY MANAGER
BACKGROUND:
As the Council will recall, at the January 4, 2012 Council meeting, staff was directed to review thesubmifted Strategic Plan and to resubmit a revised version to Council in a more simplified form.That revised proposal is attached as backup to this green sheet.
We recognize that this is a “high level” version of what occurred in the Council’s October 24, 2011Strategic Planning meeting. However, additional details at this junction are not value-added asdetails will automatically come as the staff follow-up occurs.
As such, we would recommend that this plan be adopted in order for staff to continue to moveforward with the directives contained herein.
Attachment: 2011 Strategic Plan Action Register
STAFF RECOMMENDATIONS: Review and approve 2011 Strategic Plan.
REVIEWED BY: 7L/City Manager:
/
City Attorney:
City Clerk:
________________________
Department Director:- /
COUNCIL ACTION:
APPROVED
DENIED
DEFERRED
OTHER
G:\Green Sheets\GREENSHEETS - 201 2\02 February\1 2-02-0029 Strategic PIan.doc
(j?4iita. nc2s
Small Town Charm.Big Bright Future.
2011 STRATEGIC PLAN
ACTION REGISTER
Objective 1:
Objective 2:
Objective 3:
Objective 4:
Objective 5:
Revitalize Downtown Bonita
Foster additional Economic DevelopmentOpportunities Throughout City.
Pursue the Appropriate Strengthening ofOur City Infrastructure.
Review, Enact and Implement, as DeemedNecessary, Additional Measures to Maintainand Enhance Our Quality of Life.
Evaluate and Implement Measures to ImproveOur Internal Operations.
7
City of Bonita Springs2011 Strategic Plan Action Register January 25, 2012
OBJECTIVE #1: Revitalize Downtown Bonita
— Update Plan (if necessary) by endf4k
quarter, 2012
- A final promotional product that includes
information explaining development
standards, incentives, & other opportunities
by end of 4 quarter 2012.
Administration
Services
Conduct a workshop with City Council to discuss the
plan for downtown redevelopment.
Strategies Metrics Lead Department Status> Hold Workshop by end of 3rd quarter 2012.
.- Update Downtown Plan if necessary.
Con side ra tic ns:
• Bamboo Property Future
. BanyanTreeArea
. Lemon Tree Property
. Possibility of buried Electric Lines
Create Promo.:ional plan for vision and area.
Development Services
1
OBJECTIVE 2: Foster Additional EconomicDevelopment Opportunities Throughout City
- Re-examine City processes; increase predctabilty,speed and ease for businesses/developers
,- Present a toolbox of incentives to Council forconsdera:ion
Revew, correct, and revise as necessary, the City’sComprehensive Plan and Land Development Code asthey relate to Economic Development(5 Dots)Provide updates based on citizen input and technicalrev:. of the comprehensive p!an.
.- Eniance Eco-Toirism(1 Dot)
Partner with Chamber for TDC Funds/Representation(2 Dots)
F
, Review and Present Recommendations toCouncil by end of 4b quarter 2012.
— Adopt any revised incentive standards andoptions by 3rd
quarter 2012.
.- Schedule agenda items with the LPA tocontinue review and updates to the LDC byfirst quarter 2013.
> Participate in production and circulation of[co-Tourism information by first quarter2013.
‘ Council approval of a priority project listformulated in partnershp with the Chamberby end of 3rd quarter 2012.
Strategies Metrics Lead Department Status
Development Services
2
F Widen W. Terry Street
Bonta Beach Road Phase II Improvements
Participate in week!y construction meetings,ronitoring construction issues & progress.
- Bonita Beach Road Phase Ill Improvement
• Continue to work with Lee County on schedule &ROW issues at 6-month intervals.
— Logan Boulevard
. Present follow-up report to Council.
F Old 41 South
• Evaljate consultant study, particularly RR crossingsection.
F Unpaved Roads (5 Dots)
. Present proposed plan to Council.
F Discuss possble protocols for Road Buffering (3 Dots)“Natural/Walls/Property Acquisition”
F Increase Sidewalks, Drainage System & PondImprovements (3 Dots)
• Review Master Plans and prepare priority listingsfor drainage and sidewalks.
.- Establish protocol for addressing City involvement withpriately rriaintaned ponds.
- Research BIke Path Under FPL Lines
F Finish River Tral (connect to CREW; traiitiead at CREW)3 Dots)
- Start construction January, 2013.
F Confirm that project is ready to bid whenfunding is available.
.- Cost estimate update by January, 2013...‘ Project funding to be in place between 2015-
2017
> County to complete project by 4-17-13.
F As project appears on County’s 5-year CIP,confirm that City has funds needed.
I— Report to Council by the end of March, 2012.
— Take notice when the project is defined,funding arranged & work scheduled in2012/2013 5-year CIP.
,- Presentation to Council by March 7, 2012.
> Council discussion of possible protocols byend of 1” quarter, 2012.
— Prepare draft Annual 2013 City Budget forapproval, quantity, cost and location ofsidewalks and draInage projects by July, 2012.
> Council discussion of possible protocols byend of 1st quarter, 2012.
> Report to Council by end of 3 quarter, 2012.
I— Council accepts Grant by 2/29/12, if Grant isoffered
.- Extend/connect Shangri-La Road
OBJECTIVE #3: Pursue the AppropriateStrengthening of Our City InfrastructureStrategies Metrics Lead Department Status
Public Works
3
lmprcve Water Quality (3 Dots)
— Enhance Aesthetics of City (4 Dots)• Review commercial architectural and landscape
Standards.
• Remove exotic vegetation from publicly ownedland and ROWs.
Reviev.’ methods to protect residential character ofLittle Hickory Island.• Conduct Pubic Workshop
— Develop Sustainabi!ity Policy (2 Dots)
p. Improve Public Buildings, Roadways, DO’s. Review current standards and provide
recommendations to Council on updates/revisions
i.- Enhance Recreational Activies & Facilties (4 Dots)• Clary Council desires.
- Update Park Master Plan (Specific needs — Seniors)Con side rations:• Playgrounds• Use for Mayhood Property• Windsor Park Uses• Ri.er Park Plan Review
“- Revew pcicy for more pubic access i.e., County Parksbecome City Parks
> Achieve reduction of total nitrogen in freshwater section of Imperial River by 3300 lbs.for the five (5) years.
Implement any possible changes to LandDevelopment Code by 3 quarter 2013.
i. 1-01-13 — Complete removals in all activeparks.1-01-14—Verify 25% area removed atWindsor Preserve and Nature Place and fromroad ROW’s.
, Hold workshop by end of 4” quarter, 2012.
> Council direction to staff on a sustainabilitypoicy by end of 3rd quarter, 2012.
e Schedule for LPA by end of 3’ quarter, 2012.
Council approval of enhancements bySeptember 2012.
p. Updated Master Plan will be presented toCity council by March 2012.
Agreement for Council consideration by12/31/12.
p. Gain County Agreement for plan and fundingby December 31, 2012.
OBJECTIVE #4: Review, Enact andImplement, as Deemed Necessary,Additional Measures to Maintain & EnhanceOur Quality of Life.Strategies Metrics Lead Department Status
Public Works
Development Services
Public Works
Development Services
Parks & Recreation
City Manager’s Officei— Expand Library (3 Dots)
4
OBJECTIVE #5: Evaluate and ImplementMeasures to Improve Our InternaloperationsStrategies Metrics Lead Department Status.. Complete Communication Plan > Complete communications plan and
(5 Dots) improvements by April 1, 2012. AdministrativeServices
— Increase Connectivty ‘- Complete connectivity improvements by April1, 2012.
— Enhance Operational Efficercies Implementation of at least one metric for(5 Dots) each recommended operational change to Finance. Create Performance Measures improve overall efficiency by end of July,
2012.
Determine/Pursue Collectible Code Liens Reduce lien amount in cases over five (5)years old by 30% by end of
3rdquarter, 2012. Code Enforcement
UNCLASSIFIED
. Establish Educational Potcy r Council Direction?(1 Dots)
.- Board & Committee Policy Council Direction?(0 Dots)Emcwer/Estabish Appoirtment Procedure
- Create policy for grants to non-profits Council Direction?
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0027
AGENDA ITEM SUMMARYREQUESTED MOTION: Approve the proposed name requested by the Lions Club for the new Playground
at Depot Park as well as approve the purchase of a Lions Drinking Fountain by the Lions Club for the Citystaff to install.
MEETING DATE: February 1,2012
AGENDA: REQUIREMENTIPURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS — STATUTE
CONSENT ORDINANCE
PUDLIC HEARING — ADMIN. CODE Nicole PerinoAPPEALS — OTHER Parks and Recreation DirectorMAYOR AND COUNCILMEMDER’S REPORTSCITY ATTORNEY
X CITY MANAGER
BACKGROUND:
The Bonita Springs Lions Club has generously donated $40,000 to help with theconstruction cost of the new Natural Playground at Depot Park. The Playgroundconstruction has now been completed and the Lions Club has requested signage at theentrance of the playground with the new name of “Lions Pride Park”, Dedicated to theChildren Through the generosity of the Bonita Springs Lions Club 2012.
The Bonita Springs Lions Club has also requested permission to purchase a LionsDrinking Fountain for the City staff to install on the Playground site.
Attachments: (A) Letter from the Lions Club for their requests(B) Flyer for the Lions Drinking Fountain
STAFF RECOMMENDATION: Approve the naming of the Natural Playground at Depot Park requested bythe Lions Club as well as give the Lions Club permission to purchase the Lions Drinking Fountain for the
City Manager: 2City Attorney:
Department Director:
__________________________
COUNCIL ACTION:
APPROVEDDENIEDDEFERREDOTHER
Bonita Springs Lions Charities, Inc.10322 Pennsylvania Avenue• P. 0. Box 366776
l3onia Springs. Honda 34136-6776(239)-992-4011 Fax 992-K594
January 12, 2012
Mayor Ben Nelson and City CouncilCity of Bonita Springs
9101 Bonita Beach Road
Bonita Springs, FL 34135
Dear Mayor Nelson and Council;
The Bonita Springs Lions Club would like to offer the following for signage at Depot Park.
Lions Pride Park
Dedicated to the ChildrenThrough the generosity of the
Bonita Springs Lions Club
2012
Our guest for our 5O celebration, current Lions Clubs International President Sidney “Sid” L.Scruggs will be in attendance at the ribbon cutting the morning of February 18th, 2012.
In addition, I have attached a flyer of Lions Drinking Fountains. We would like permission topurchase and have the city install upon arrival.
I am available for any questions and can be reached at 239-287-0562 (cell) at any time. Thankyopu so very much for allowing us to be a part of this great city proect.
Robert Hil iard, PresidentBonita Springs Lions Club
Cc: Bonita Springs Council Members
Arleen Sheehan, Special Events & Park Coordinator
We ServeWe Serve
To Help Others To i-fe/p Themselves”
Made In Minnesota
r
Lion Drinking p is are excellent PR pieces. They are highly symbols of your club s presenceand activity in your community.These fountains are built to last. With regular maintenance, you could easily see 20+ years of service fromthem.These fountains are A.D.A. Compliant and come ready to install. (Installation diagrams are available)Tke a look at the specifics below and contact us if you have any further questions. Be sure to check outthe website for more pictures and information.
Price: $3800 (for the first 10 clubs that order) Regular price is $4000Shipping: $450 $800 depending on distance from Minnesota.(charges Include freight, insurance and crate)Pick up or dellveiy Is an option if your club is close to MN or In-state.
Dimensions: 5’ tail x 4’ deep x 3’ wideWeight: 150 lbs average (with crate, total weight Is 400 ibs)
Materials: The Lion statue is durable fiberglass construction, top coated with industrial paint andclearcoat. High quality plumbing fixtures from Kohier and flaws are Installed.Customizing: The Lion Fountain can be painted in any color scheme.The Lion can be purchased as a statue without the plumbing. (discount $200 for no plumbing)A logo or plaque can be added to the fountain to denote your club.
Timeline; Minimum of S weeks from order date to ship date.Lion Fountains are built to order so the wait may be longer If other clubs have confirmedtheir order before yours.
Phone; (218)451-7965 (Josh) E.mail: roarliondrinkingfountain.comwww.liondrrnkingfountain.com
-
You will need to plan ahead to have your Lion Fountain ready your event.Each fountain takes between 4-6 weeks for production and delivery.
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0020
AGENDA ITEM SUMMARY
REQUESTED MOTION: Discussion and direction to staff on responding to Lee County DOT request forCity financial participation in the construction of a vegetation or concrete wall “buffer.”
MEETING DATE: February 1, 2012
AGENDA: REQUIREMENT/PURPOSE: (Specify) REQUESTOR OF INFORMATION:
PRESENTATIONS STATUTE
CONSENT — ORDINANCE
PUBLIC HEARING — ADMIN. CODE Carl L. SchwingAPPEALS — OTHER City ManagerMAYOR AND COUNCILMEMBER’S REPORTS
CITY AHORNEY
X CITY MANAGER
BACKGROUND:The FY 10-11 City Budget allocated a total of $3,750,000 for the Bonita Beach Road Phase II Widening Project.Later, the low base bid was $3,565,170.15, and to cover contingencies and Change Orders, the Countyrequested, and the City submitted, $2.0 million to Lee County. This provided for approximately $217,500 inunencumbered City funds. The City also submitted $249,500 for 50% of the cost of the CEI Services.
On 1/19/12, Public Works was notified by the Lee County DOT that they will recommend approval of ChangeOrder No. 1 to the project, in the amount of $187,626, adding additional temporary pavement for five (5) lanes($113,705.71), black base over a live gas main for safety ($39,1 57.32), and including signalization changes($34,762.97). Of this estimated total cost of $1 87,626, the City will be required to pay 50%, or approximately$94,000, reducing the City’s contingency amount already paid to Lee County, from approximately $21 7,500 toapproximately $123,500. At this time, only about one-third of the total contract amount has been paid out, withapproximately two-thirds to go.
January 30, 2012: A Public Input Meeting has been scheduled at the Bonita Springs City Hall, to gather publicinput on potential buffer options. (Continued on page 2)
ATTACHMENTS:Exhibit A — LocationExhibit B — Photo comparing walls S
Exhibit C — Site sketch with 6’ waIl
STAFF RECOMMENDATION: At the time that the Green Sheet was prepared, the 1/30/12 Public InputMeeting had not yet been held. Historically, the vast majority of city-constructed walls were 6’ high CoastalConcrete walls. This would be staff recommendation, without having the comments from the 1/30/12 meeting.
REVIEWED BY: -
City Manager:
City Attorney: .-7
City Clerk:
_______________________
Department Director:
____________________________
COUNCIL ACTION:
APPROVED
DENIED
DEFERRED
OTHER
G:\Green Sheets\GREENSHEETS - 2012\02 February\12-02-0020 Discussion re- Lee County DOT Buffi.r Wall Request.doc
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0020
AGENDA ITEM SUMMARY: Page 2REQUESTED MOTION Discussion and direction to staff on responding to Lee County DOT request for
City input on potential construction of a vegetation or concrete wall buffer.”
July 19, 2011: Lee County holds Public Information Meeting, at which several residents raisedconcerns with the proposed clearing of trees on the south side of Bonita Beach Road, raisingnoise and visibility issues, without remedial measures being included in the project design.
August 26, 2011: County issued Notice to Proceed to Old Castle Southern Group d/b/a APACSoutheast.
Staff has continued the discussion of these concerns with the Lee County DOT, and as aresult, Lee County has verbally agreed to the addition of a buffer” in the general area of EastBrook and West Brook Drives. The proposed locations are shown on the attached Exhibit A.
At this time, three (3) options are under discussion, with Lee County proposing that this costbe split 50/50, and be funded from the contingency set-aside. The basic alternatives are asfollows:
• Duratek Wall — 6’ or 8’ high. Duratek is the standard smooth concrete wall which LeeCounty constructs. As an example, it is constructed along the west side of ImperialParkway, starting at East Terry Street.
> Pros — Maintained by CountyCons — A palette for graffiti
Higher initial costShows mold, mildew and discoloration
• Coastal Concrete Wall — 6’ or 8’ high. This is the wall that the City has constructedalong Old 41, East Terry and Imperial Parkway.
Pros — None in City have experienced graffitiEasily repaired without heavy equipmentManufactured locally and readily availableLess expensiveDoes not require painting
Cons — City must maintain
• Landscape Buffer — Staff has concerns with long-term viability.
Pros — Maintained by CountyCons — May not accomplish intended purpose
COMPARISON OF WALL HEIGHTS:• 6’ High Wall
> Pros — Less expensiveWhat the City has built at other locations
> Cons — May not block as much viewEasier to climb over
• 8’ High Wall> Pros — Harder to climb over
Cons — More expensiveMay make residents feel ‘boxed in”No noticeable difference in blocking sound
G:\Green Sheets\GREENSHEETS - 2012\02 February\12-02-0020 Discussion re- Lee County DOT Buffer Wall Request.doc
BONITA SPRINGS CITY COUNCIL GREEN SHEET: 12-02-0020
AGENDA ITEM SUMMARY: Page 3REQUESTED MOTION: Discussion and direction to staff on responding to Lee County DOT request
for City input on potential construction of a vegetation or concrete wall “buffer.”
Total Estimated Costs:
Duratek: 8’ high wall — 1500’ (max.) x $97/ft. = $145,5006’ high wall — 1500’ x $80/ft. $120,000
Coastal Concrete: 8’ high wall — 1500’ (max.) x $66/ft. = $99,0006’ high wall — 1500’ x $56/ft. = $84,000
Landscaping: Estimated at $75/ft. = $1 12,500
Based on the maximum estimated length and above costs, the City costs are estimated asfollows:
Duratek: 8’ high = $145,500, with 50% = $72,750 (City cost)6’ high $120,000, with 50% = $60,000 (City cost)
Coastal Concrete: 8’ high = $99,000, with 50% = $49,500 (City cost)6’ high $84,000, with 50% = $42,000 (City cost)
Landscaping: Estimated $56,250 (City Cost)
The current unencumbered amount of City funds which have been submitted to LeeCounty is $123,500, from which the wall costs would be deducted.
G:\Green Sheets\GREENSHEETS - 2012\02 February\12-02-0020 Discussion re- Lee County DOT Buffer Wall Request.doc
Li
0 w CD C.)
C
h
m x U,
—I
C,
,
II
•-• :;‘jj
Exhibit A - Bonita Beach Rd - Proposed Buffer Location
i1fri —J,-
Proposed BufferProposed Bufferl
j;•::
LPr—IL_
BONITA BEACH RDSE
I
•1
(‘FlY (‘OUNCII.(‘flY ( )I’ B()NVI’A SPRINGS
WLDNES[)AY, JANUARY 18, 20129:00 AM.
(‘FlY HALL9101 F3ONITA [3FiACI-1 ROAD
13( )NITA SPRINGS, FLORIDA 34135MiNUTES
I. (‘ALL. ‘10 ORDER
Deputy Mayor John Spear called the meeting to order at 9:00 A.M.
II. INVOCATION
Pastor Matt Loveall, with the Oak River Church, furnished the invocation.
III. PLEDGE OF ALLEGIANCE
Deputy Mayor Spear led in the Pledge of Allegiance.
LV. ROLL CALL
Deputy Mayor Spear and all Council Members were in attendance, with the exception of MayorBen L. Nelson.
V. PUBLIC COMMENT ON AGENDA ITEMS.
9:00:32 am Rick Steinmeyer commented on the Salaiy Survey.
9:02:44 AM Greg DeWitt was in attendance to express his excitement regarding “Movies in the Park,”and to thank Council for supporting the event.
9:03:20 AM Phillip Shedwell, co-owner of Augustino’s, was present to express his appreciation toCity Council for all the help they have given them. He also commented on the City’s upcoming election,and expressed his support regarding Roger Brunswick’s idea to change the name of Old 41 Road.
9:06:26 AM Pat Maddock, a member of the Bonita Springs Historical Society, was present to thankCity Council for their support of the Historical Society’s upcoming “Old Fashioned Fish Fry” scheduledfor February 12, 2012.
VI. PROCLAMATION S AND PRESEN’I’ATIONS:
A. PRESENTATION OF FIVE-YEARS OF SERVICE AWAIU) TO CITY EMPLOYEE JANESWANSON.
Deputy Mayor Spear next presented a Five-Years of Service Award to City Employee JaneSwanson. Ms. Swanson was present to accept the award and to thank Deputy Mayor Spear and CityCouncil.
B. A l’R( )CLAMAI’I( )N PROCI.AIrvIIN( i ‘II IL YLAR 01 2012 AS A CI11.EBRATION ToC( )M M LM( )RA’l’L ‘II II BICENTENNIAl. ( )I ‘Ii IL WAR oi I 8 I 2.
9:08:45 am l)cputy Maor Spear next read into the record a Proclamation proclaiming the Year of201 2 as a Celebration to (_‘oniniemorate the Bicentennial ol the War ot I XI 2. Shirley Nix and severalmembers of the Daughters ol’ the American Revolution were in attendance to accept the Proclamation andto thank Deputy Mayor Spear and City Council.
C. CER’lIFIC’Ai’L 01 APPRECIA’l’ION ‘l’() 11 IL BONITA SPRINGS LIREFIGHTERS WhORESPONDED ‘10 ‘11-IL RECENI’ 700-FOOl’ ‘lOWER RESCUE.
9:11:57 am Deputy Mayor Spear next presented Certificates of Appreciation to several members ofthe Bonita Springs Firefighters who responded to the recent 700-foot tower rescue. Those in attendanceto accept awards included Chief P.11. Kinscy, Jr., Deputy Chic!’ Frank Giuliano, Lieutenant Richard Scott,Lieutenant Manuel Hernandez, and Fire Fighters Adam Hughes, Thomas Harrison, and Jesse Cottrell.
D. A PROCLAMA’I’ION DECLARING ‘l’HE WEEK OF JANUARY 22-28, 2012 AS“HAZARDOUS MATERIALS AWARENESS WEEK” IN SOUTHWEST FLORIDA.
9:15:33 am Deputy Mayor Spear next presented Fire Chief Kinscy with a Proclamation declaring theweek of January 22-28, 2012 as “Hazardous Materials Awareness Week” in Southwest Florida. FireChief Kinsey was in attendance to accept the Proclamation and to thank Deputy Mayor Spear and CityCouncil.
P. PRESENTATION BY URS CORPORATION, SOUThERN, OF PRELIMINARY DESIGNSTUDY FOR TIlE WIDENING OF OLD 41 ROAD FROM BONITA BEACIl ROAD TOTHE SOUTH CORPORATE LIMITS. (GREENSHEET NO. 12-01-0019)
9: 17:17 am Daryl Walk, Public Works Manager, began by furnishing a brief history of this agendaitem, in which Collier County approached Staff regarding Old 41, south of I3onita Beach Road, becauseof a study they were initiating to widen that portion of the road, and wanting to coordinate with the City.During that same time the Seminole Gulf Railroad expressed their concern with the condition of’ therailroad crossing along that same stretch. Staff, at that time, didn’t understand the concern with thecrossing, as they didn’t want to build something that would be outdated and have to be reconstructed in afew years, when they widen Old 41. Funds were included in the CIP for the railroad crossing, and Staffretained IJRS Corporation to conduct a Preliminary Design Study for guidelines to go by. The goal wasto define what the railroad crossing would look like, what right-of-way improvements would need to bemade, and to help with budgeting for future improvements.
Domingo Noriega next furnished a PowerPoint presentation (copy in Clerk’s file) to address theexisting conditions and future traffic conditions. The study entailed 1 .2 miles, from Bonita Beach Roadto the Collier County line. The road is posted at 45 mph, with no sidewalks or bike lanes, and with rightof-way that varies from 90 to 143 feet. There is also no roadway lighting along the two lane stretch.There is a lift station located 15 feet from the edge of the pavement, which is something they will have towork with the utility on to come up with the best option so as to minimize impacts. l’he Seminole Gull’railroad crossing is in bad condition. Current daily traffic consists of 12,300 vehicles south of BonitaBeach Road, and 10,600 near Mediterra Drive. In 2035, without any improvements, traffic is projected toincrease to 23,500 vehicles south of Bonita Beach Road, and 21.000 vehicles south ol’Meditcrra Drive. Ifno improvements are made it will result in failing levels of Service.
Srinivas Meka next addressed I’uturc traffic conditions, which lie explained was done byanalyzing the road as it exists today, which resulted in both intersections failing if no improvements are
made. I Ic next addressed the two proposed Alternatives. i\Iteriiat ive I would consist of I 2—Ibot lanes,curb and gutters, arid bike lanes and sidewalks. Alternative 2 would consist ol Il—foot lanes, curb andgutters, and bike lanes and sidewalks. The cost estimate for Alternative I is I 1 3. million and theestimate lbr Alternative 2 is $1 3.5 million. Alternative I is the recommended Alternative.
9:29:46 am Council Member Martha Simons relci-red to an existing business located on the southeastcorner of’ the intersection of’ Bonita Beach Road and Old 41 and questioned whether that business wouldbe required to move. Mr. Noriega responded no, noting, however, that it would make the situation morecliflicult lbr them.
9:33:1 7 am City Manager Carl Schwing, in response to Deputy Mayor Spear, addressed previousdirection fl-om Council in that the connection of Shangri—La was number one on the list of priorities, andTeny Street two. Staff is also watching the Logan Boulevard project. Bonita Beach Road phases II andIll were also under consideration. ‘Ihe concern needs to be with the railroad crossing first sincereconstruction of that facility may have to occur prior to some of’ the road widening projects beingdiscussed, because of the condition of the crossing.
F. PRESENTATION OF TI-JR COMPENSATION STUDY BY KATIE MILLER BUSCHWll’ll hR COMPLNSA’IiON CONSULTANTS (IIRCC). (GREENSIIEET 12-01-0013)
9:35:47 am Katie Miller Busch, with HR Compensation Consultants, began by furnishing herqualifications and experience, after which she presented a PowerPoint presentation (copy in Clerk’s file).She next addressed the process, of which step one entailed employee involvement, step two grouping jobsinto roles, step three a survey of the local market, and step four involved the creation of pay ranges. 1-lerrecommendation is for Staff to review HRCC recommendations, define implementation scenarios and forStaff to present recommendations to Council. Cities selected for the survey of the local market includedCape Coral, Clearwater, Fort Myers, Fort Myers Beach, Naples, Sanibel, Wellington, and Lee and CollierCounties. The general market comparison indicated that 22 positions were more than 10% below themarket comparison, 13 were within 10% below/above; and 10% were above the market comparison. Shefurther explained.
10:00:39 am Council Member Mcintosh feels the report depicts good and logical data. He would bewilling to accept whatever approach Staff decides to bring forward.
10:01:30 am Council Member Simons questioned whether Bonita Springs Government Lite incomparison to other municipalities, why Weston was not included in the study, and whether she saw anydissatisfaction with the employees. Ms. Miller Busch explained that she didn’t interview employees asthey were provided with questionnaires. She also agreed that Weston was not included in the Study. Sheftirther explained. Additional discussion was held on the issue of public v. private, benefits, etc.
10:21:52 am Council Member Sirnons motioned for Staff to come back at a later date with arecommendation; Council Member Mcintosh seconded; and the motion carried unanimously.
VII. CONSENT AGENDA: (NOTE: ITEMS ON THE CONSENT AGENDA WILL BECONSIDERED AS ONE UNLESS A SPECiFIC ITEM iS REMOVED BY A COUNCILMEMBER FOR SEPARATE DISCUSSION.)
Council Member Janet Martin motioned approval of the Consent Agenda; Council Member SteveMcintosh seconded; and the motion carried unanimously.
3
A. RR,l.JEST APPROVAL. OF A SPECIAl, EVENT PERMIT ANL) TEMPORARY ROAI)CI ( )SURE FOR “MOVIES IN Il lii PARK” PROGRAM Al RIVFRSII)li PARK.(GREENSIIEET NO. 12—01—0005)
B. REQUESI APPROVAL OF SPECIAL LVEN1 PERM11’ AND CO-SPONSORSHiP FORTIlE I3ONITA SPRINGS HISTORICAL SOCIETY FOR AN OLD FASHIONED FISHFRY ON FEBRUARY 12, 2012 AT TIlE LILFiS hOTEl, PLAZA. (GREPNSIIEET 12-01-0017)
C. APPROVE BY RESOLUlION 11W RANKING 01 CONSULTAN’I’S BY TILLSELECTION COMMIT’I’EE FOR RFP-Il-02b FOR MISCELLANEOUS TRAFFICENGINEERING AND APPROVE THE TOP-RANKED FIRM, TR TRANSPORTATIONCONSUL’I’ANIS, INCORPORATED, ON TIlE SCOPE OF SERVICES AND FEESCI-IEDULE. (GREENSHEIfI 12-01-0016) ADOPTED RESOLUTION NO. 12-02
VIII. MAYOR AND COUNCIL MEMBER l’I’EMS AND REPORTS:
A. APPROVE RESOLUTION APPOFNTING A ChAIR TO TIlE CITY OF BONITASPRINGS LOCAL PLANNING AGENCY; AND PROVIDING AN EFFECTIVE DATE.(MAYOR NELSON) (GREENSHEET NO. 12-01-0014)
10:48:47 am Council Member Bill Lonkart motioned approval of the appointment of Don Colapietroas Chair to the Bonita Springs Local Planning Agency; Council Member Steve Mcintosh seconded; andthe motion carried unanimously. ADOPTED RESOLUTION NO. 12-03
B. APPROVE A RESOLUTION APPOINTING A CHAIR TO TIlE CITY OF BONITASPRINGS BOARD FOR LAND USE hEARINGS AND ADJUSTMENTS AND ZONINGBOARD OF APPEALS. (MAYOR NELSON) (GREENSHEET NO. 12-01-0015)
10:49:34 am Council Member Mcintosh motioned approval of the appointment of Marc Nusbaum asChair to the City of Bonita Springs Board for Land Use Hearings and Adjustments and Zoning Board ofAppeals; Council Member Steve Slachta seconded; and the motion curried unanimously. ADOPTEDRESOLUTION NO. 12-04
10:50:03 am Council Member Lonkart addressed the situation he was involved in with respect to thesound wall at 1-75 that Mr. Fred Forbes of Hunter’s Ridge came to him concerning, who asked him if hewould contact those at the state level regarding the possibility of the wall. Nonetheless, they met withSenators, Lee County Staff and Staff from the State Department of Transportation. The MPO isscheduled to discuss and vote on the wall this Friday, with the hope it will be built this year. liecommended cooperation put forth by all levels of government on the project.
10:52:09 am Council Member Lonkart motioned that the two City Council MPO representatives voteaccordingly; Council Member Simons seconded; and the motion carried unanimously.
10:52:43 am Council Member Martin referred to a community in District 2 that is also located by 1-75that would also like a sound wall. She asked that this community be recognized and remembered eventhough they cannot meet the density requirements for a wall, because of’ properties owned by BonitaSprings Utilities and FPL power lines. They do, however, meet the distance requirements.
10:54:43 am Council Member Simons referred to the minutes of Council’s meeting of January 4, 2012arid comments made by Ms. Frazine regarding her request for Council to look into having sharkchumming prohibited on Bonita Beach. City Attorney Vance responded that there were legal implications
4
and referred to a previous memorandum she prepared on the subject which prohibits ( )rdinances relatingto lishing. ‘lhc City could lobby to regulate shark lishing on Little I lickory Island. She will researchlint her and bri ni back in flrnial on to (‘ounc
Council Member Simons reported that she also had an opportunity to Iresent Public Work’spreliminary solution to address Imperial I larbor flooding. She requested Stall come back at Council’snext meeting with information on funding. City Manager Schwing responded Stall will come back withinformation regarding the solLition iii addition to funding. Council Member Simons also commendedresidents on early voting, as only tour absentee ballots had to be eliminated because they weren’t signed.She also addressed the resolution sent to the Lee County Board of County Commissioners (BOCC)regarding slot machine gaming which was scheduled to appear before the Commission on January 24,2012. She questioned City representation. City Manager Schwing stated that both he and the CityAttorney would be present, and would check with Mayor Nelson. Council Member Simons also reportedthat she was forwarding alerts she was receiving regarding fertilizer, and urged Council and everyone tocontact their State representatives regarding legislation. Lastly, she reported communications with variouspeople regarding the YMCA, and hopes Ibr positive news soon.
11:03:22 AM Council Member Slachta informed Council of a meeting he attended two weeks earlierwith the Bonita Beach Club regarding beach renourishinent, which he feels needs to be addressed duringthe budget process. lie further addressed a newspaper article that occurred two months earlier concerninga 100% disabled veteran whose utility bill amounted to $1,600. He lobbied the American Legion foremergency funding, but after further investigation, it was discovered that the gentleman did not meet thecriteria for funding.
11:05:12 AM Council Member Martin reported that this past Saturday’s star gazing event had beencancelled because it was cloudy, and was postponed to January 28, 2012. Tickets are still available atParks and Recreation and at the First Community Bank. Tickets for the January 14111 event will be honoredon the 25111. She further reported that this Saturday the City, the Tree Advisory Board, and the BonitaNature Place will be hosting their Arbor/Earth Day event. The event is free to everyone, and will includeenvironmental vendors as well. She further reported that the polling location for residents of District 2 isthe fire station on Bonita Grande Drive. She also reminded everyone that early voting starts this Saturday.She also reported that the Bonita Springs Historical Society speaker series is scheduled for Friday,February 3, 2012, at 7:00 P.M. at the Lion’s Club Hall. Lastly, she reminded everyone of the HistoricalSociety’s Old Fashioned Fish Fry scheduled to take place at the Liles Historic Plaza on Sunday, February12, 2012, from noon to 2:00 P.M.
11:08:27 AM Council Member Steve McIntosh thanked Council and Staff for the great GovernmentDay event, in which 25 students took part in the event. The report from the High School was that theywere able to bring life to government books. FIe thanked all who participated. I-Ic also commended allthe new residents and citizens who are coming to Council meetings to speak and provide their input.
11:09:50 AM Deputy Mayor Spear reported that the Bonita Springs/Estero Economic DevelopmentCouncil ribbon cutting took place last Tuesday and included a great presentation. 1 Ic asked that thepresentation be placed on Council’s agenda for an upcoming meeting. He is proud of all the work gettingaccomplished and the amount of volunteer effort that has been put forth.
IX. PUBLIC COMMENT:
11:10:55 am Rick Steinmeyer reported that the library has been very crowded lately, and that he wouldnot want to see it torn down to be rebuilt, lie feels there has to be a better option. lIe also questioned theprocedure for items that are voted on that arc not on the agenda.
5
1 1: 12:22 AM l)iane Frazine, a resident of the Bonita Reach (lub. referred to the City’s FinancialReport, which showed funds in the amount of $2,()00 fe,r beach renourishment that were flO longerreflected between 2010—2011 . She asked that a permanent line item be included for beach renourishmentin the future to be used exclusively for beach renourishment.
I 1:12:57 AM Kathy McGrath, a member of the Board and Secretary of the Friends of the Ronita NaturePlace, apologized [hr the cancellation of the Star Gazing Event this past Saturday. She reported that thoseholding tickets can usc them for the Star Gazing Lvent on January 28, 2012. ‘Ihose who purchasedtickets, who cannot make it on the 281, will be reimbursed. She also invited evetyone to the Arbor/EarthDay event scheduled for this Saturday.
11: 14:08 AM Alan (.lazier, Vice Chairman of the Historic Preservation Board, expressed hisappreciation to City Council on supporting issues of the l3oarcl. He feels, however, that progress on theDemolition Delay Ordinance is not moving forward fast enough, and asked that it be placed on theBoard’s next agenda. It’s a tool he feels will help some of the older structures in the City. I le also spokeopposed to legislation on slot machines in the City. He also does support the City Charter with respect toterm limits, which he feels needs to be addressed. He also addressed the sign located near the celnetety atImperial and Bonita Beach Road, which he feels is uisighily.
11:18:13 AM Linda Schneider, a resident of Seascape, thanked Council Member Simons for addressingthe issue relating to shark chumming, informing Council of a shark attack incident that occurred a fewyears earlier. She would appreciate and support legislation to prohibit shark fishing. She also supportsfunds being set aside for beach renourishment.
X. CITY A11’ORNEY’S REPORT:
Xl. CITY MANAGER’S REPORT:
A. REVIEW MONThLY FINANCIAL REPORT (GREENSHEET 12-01-00 18)
11:1 9:54 am Council Member Lonkart referred to the Bonita Springs Soccer Complex and expensesfor the first two months, which reflects funds used of 21.6% of the budget. He questioned the need tobudget additional funds. Lisa Pace, Finance Director, stated she would check into the issue, andexplained that a lot of time with the soccer fields there is some seasonality with respect to repair andmaintenance activities. She further addressed beach renourishment and a conversion requirement basedupon Governmental Accounting Standards regarding funds set aside. Beach preservation monies are stillthere as well as monies that were funded back from Lee County. The City is required to pay Lee Countyfor monitoring out of Federal funds. She explained that the City advanced Lee County the money formonitoring, however, Lee County closed their account and sent the money back. Funds will be reflectedon the next Financial Report.
B. REVIEW OF MONrl ELY PROJLC’I’S REPOR’I’.
11:22:20 am Council Member Simons referred to the Shangri-T.a Road pioject, and questioned theneed for discussions with residents to the west of Old 41. Assistant City Manager John Gucciardoexplained that entailed the drainage infrastructure portio1 ol project that’s going to he used for the road.which would cover the area west of Old 41, on those properties indicated.
C. APPROVET HE PROPOSED REViSED A(1REEMLNT WITI-1 CH2M HILL FORCOMMUNITY DEVELOPMENT SERVICES. (GREENSI WET 12-01-0011)
6
1 1:23:34 am ( ‘ity rvl anager Schwing addressed I his agenda item, involving the revised contract with(‘I 12M 11111. I Ic explained that Sta fl approached CI 12M 1-1111 and questioned whether there was anopportunity to amend the contract with respect to costs and other items that needed to be “cleaned up.”(1 12M 1 Lill responded in a positive manner, and changes were macic that will save the City $200,000 ayear br each year the contract remains in place, beginning this year. Another change was made to thetermination clause, and an extension was included to add two years, to 2015. ‘Flie termination clause is toreduce the termination costs, beginning this year from $400,000 to $200,000, the lollowing year to$100,000, the next year to $50,000. and then clown to $25,000 the following year. Another change wasmade to the provision stating that the City woukl have to buy out their leases, i.e., vehicles, to no longerrequire the City to take on those leases. Also, should the City decide to termi late, in addition Im thetermination amounts kicking in, the Corporation would have an opportunity to respond to the alternativeand he considered a local vendor. ‘1hrec issues that remain unresolved that both the City and C1I2M Hillagree need to be resolved include 1) the establishment of service levels through performance measures, 2)a review of the logistics with building fees, and 3) new provisions regarding the fee escalator clauses.
11:30:02 am Council Member Simons stated she would not be voting in favor of the revised contractbecause of the two year extension, as she doesn’t feel the City would be getting the benefit of the buyoutbeing cheaper. She would prefer bringing them on board.
11:32:43 AM Council Member Lonkart commended Staff for their work on the revised contract. lIefeels they did au excellent job.
11:32:59 AM Council Member Slachta concurred with comments made by Council Member Lonkart.
11:33:20 AM Deputy Mayor Spear motioned approval of the Agreement, as revised; Council MemberLonkart seconded.
The motion passed 5-1 (Council Member Simons opposed)
Council Member Spear suggested that 1 8 to 24 months before the end of the negotiated term, thatthere be some investigation done, and either move forward with an RFP or negotiate a further extension.
XII. APPROVAL OF MINUTES: 01/04/12
11:43:25 am Council Member Slachta motioned approval of the minutes; Council Member Lonkartseconded; and the motion carried unanimously.
XIII. PUBLIC COMMENT
11:43:54 am Deb Harrop. a member of the Bonita Springs Historic Society, expressed her thanks andappreciation to the Bonita Springs Lion’s Club, who are co-sponsoring the Fish Fry and providing the fishand hush puppies. She also thanked them for letting the Historic Society use their center on PennsylvaniaAvenue to hold their Speaker Series.
11:44:29 am Alan Glazier commented on sign Ordinance relating to billboards. He is opposed tobillboards UI) and down U.S. 41, etc. I-fe also is opposed to permits for water heaters and the installationof exterior doors.
11:46:09 am Rick Steinmeyer expressed his support for permits for the installation of hot water heatersfor purposes of safety.
XIV. ADJOURNMEN’l:7
There being no luriher items to discuss, the meeting adjourned at 11:47 AM.
Respectftihly submitted,
Debra F ii ipek, Recording Secretary
APPROVED:BONITA SPRINGS CITY COUNCIL:
Date:________________________________AUTHENTICATED:
Ben L. Nelson, Jr., Mayor
Dianne J. Lynn, City Clerk
8