CITY OF BONITA SPRINGS, FLORIDA ORDINANCE NO AN AMENDMENT TO THE BONITA SPRINGS LAND DEVELOPMENT CODE

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1 AN AMENDMENT TO THE BONITA SPRINGS LAND DEVELOPMENT CODE ORDINANCE NO U \Cty Attorney\Ordmances\2012\12-06 Amend LDC 4 Special Exceptions & Variances - Hickory island doc March 27, 2012 Page 1 of 5 criteria, recommendations and issues as set forth in section 4-115(b)(1), as well as the island, and public hearings on resolutions for special exceptions or variances. resolution for special exceptions or variances, the City Council must consider the same (including special exceptions and variances on Little Hickory island), amendment, or (2) Considerations. When deciding whether to adopt a proposed land use ordinance amendments o adoptions, and special exceptions and variances on Little Hickory (1) Function. The City Council must hold public hearings on all proposed land use ordinance (a) Land use ordinance amendments or adoption: resolutions for special exceptions or variances. Sec Functions and authority. underline identifying additional language: hereby amended to read as follows, with strike-through identifying deleted language and The following Sections of Bonita Springs Land Development Code Chapter 4 are SECTION ONE: BONITA SPRINGS LAND DEVELOPMENT CODE CHAPTER 4 THE CITY OF BONITA SPRINGS HEREBY ORDAINS: special exceptions and variances as Ordinances on Little Hickory Island. directed its staff to prepare Land Development Code changes as necessary to process business community, but given the concerns raised by certain Little Hickory residents, by resolution was in the best interest of the City of Bonita Springs, the public and the by Ordinance and determined that processing special exceptions and variances WHEREAS, City Council on March 21, 2012 reviewed the changes effectuated exceptions and variances by resolution; and 013 and on March 16, 2011, adopted Ordinance No to process special WHEREAS, City Council on February 16, 2011 adopted Resolution Number 11- or change the actual zoning map designation of a parcel or parcels of land, which would permitted, conditional (special exceptions) or prohibited uses within a zoning category, require an Ordinance pursuant to Florida Statutes : and WHEREAS, special exceptions and variances do not change the actual list of AND AN EFFECTIVE DATE. SEVERABILITY, CODIFICATION, SCRIVENER S ERRORS, INCLUSION IN CODE ON LITTLE HICKORY ISLAND; PROVIDING FOR CONFLICTS OF LAW, VARIANCES TO BE PROCESSED BY ORDINANCE ON PROPERTIES LOCATED AUTHORITY AND 4-232, REQUIRED HEARINGS, FOR SPECIAL EXCEPTIONS AND CHAPTER 4 (ZONING); AMENDING SECTIONS 4-83, FUNCTIONS AND CITY OF BONITA SPRINGS, FLORIDA

2 Hickory Hickory Island), or resolutions for special exceptions and variances, is final. ordinance amendment or adoption (including special exceptions and variances on Little U city Attorney\Ordinances\2012\12-06 Amend LDG 4 Special Exceptions & Variances - Istand.doc March 27, 2012 Page 2 of 5 f. Where applicable, the request will not adversely affect environmentally critical areas and natural resources, and the capacity to carry traffic generated by the development; and transportation or other services and facilities and will be served by streets with e. Approval of the request will not place an undue burden upon existing d. The request is compatible with existing or planned uses in the surrounding area; and c. The request is consistent with the densities, intensities and general uses set forth in the Bonita Plan; and forth for the potential uses allowed by the request: and. b. The request will meet or exceed all performance and locational standards set any other applicable code or regulation; and demonstrating compliance with the Bonita Plan, this land development code, and a The applicant has proved entitlement to the rezoning or special exception by (2) Considerations. In rendering its decision, City Council must consider the following: (3) Findings Before granting any rezoning, special exception, or variance, City Council must find that: rezoning must be considered by City Council with the application for rezoning and heard together with and at the same time as the rezoning. density units, and special exceptions which are part of an application for a b. All requests for variances, use of TDR or affordable housing bonus b. The substantive recommendation of the Zoning Board when applicable. unless administrative decisions are authorized elsewhere in this code. 236) on all zoning applications, including variances and special exceptions, a. City Council must hold public hearings (see sections through 4- (1) Function. a. The considerations set forth in section 4-145(c)(2) which are applicable to the case. (b) Zoning actions. special exceptions and variances, may be taken in accordance with applicable state law. (including special exceptions and variances on Little Hickory Island), or resolutions for (4) Appeals of any decision concerning land use ordinance amendments or adoption (3) Decisions and authority. The decision of the City Council on any proposed land use recommendation of the local planning agency, but are not required to accept these recommendations.

3 use, and Bonita Plan, are, or will be, available and adequate to serve the proposed land h. City Council must also find that public facilities and services, as defined in the U \City Attorney\Orainnces\2O12\12-O6 Amend 1004 Special Exceptions & Variances Hickory Island doc March 27, 2012 Page 3 of 5 b. The decision of the City Council on any matter listed in this subsection (b) is final. c. Any denial by the City Council is denial with prejudice unless otherwise specified by the City Council (see section ). (5) Judicial review Judicial review of final decisions under this section must be in accordance with section moved or seconded by any member, regardless of his vote on any earlier motion next agenda item is called, to take some other action. Such other action may be unless a majority of the members present and voting agree by motion, before the impact, planned development, use of TDR or affordable housing bonus their purview, deemed necessary for the protection of the health, safety, comfort, convenience or welfare of the general public. These conditions regularly scheduled meeting for decisions on zoning matters by the City Council, If there is a tie vote, the matter considered will be continued until the next approval of a request for a special exception, development of regional density units in conjunction with a rezoning request, or variance within and requirements must be reasonably related to the action requested. the Zoning Board. (Ord ) affirm or modify the decision of the Zoning Board, or remand the case to only and may, in conformity with the provisions of this chapter, reverse, facilities, City Council must consider the decision as a recommendation 4. In the case of a recommendation pertaining to wireless communication 3. Has the authority to attach such conditions and requirements to any newspaper unless the change is more restrictive than the proposed 2. May not approve a rezoning other than the rezoning published in the recommendation to afford due process; the recommendation of the Zoning Board, or remand the rezoning published: conformity with the provisions of this chapter, reverse, affirm or modify 1. Must consider the recommendation of the Zoning Board, but may, in a. In exercising its authority, the City Council: (4) Decisions and authority. forth in sections (b) and , as applicable. (Ord ) the decision of the City Council must also be supported by the formal findings set In the case of a recommendation pertaining to wireless communication facilities, and (4), and must also be supported by the formal findings required by sections 4-377(a)(2) g In the case of a planned development rezoning, the decision of the City Council

4 The request for relief must allege that a decision of the City Council is unreasonable or Code. impartial special master in accordance with the procedure set forth in the Administrative unfairly burdens the use of the subject property. A request for relief will be heard by an date of the public hearing at which the City Council made such decision by oral motion. purposes of computing the 30 day period, the date the decision has been rendered is the U\Cit A(toriic\Ordinanccs\2Oi 2 I-O( Ain,iid c.i)( 4 Spuc.aI Ixupon.s & Vai ances I iickor islanddnc Page 4 of 5 provision or application was an inducement to the enactment of this Ordinance, and that shall remain in full force and effect. The City declares that no invalid or prescribed and all applications thereof not having been declared void, unconstitutional or invalid, application thereof to any person or circumstance is declared void, unconstitutional or application thereof, shall be severable, and the remaining provisions of this Ordinance, invalid for any reasons, such part, section, subsection, or other portion of the prescribed If any part, section, subsection, or other portion of this Ordinance or any SECTION THREE: SEVERABLITY statutes, the most restrictive requirements shall apply. conflict with the requirements or provisions of any other lawfully adopted ordinance or Whenever the requirements or provisions of this amending ordinance are in SECTION TWO: CONFLICTS 268. ordinances, with exception to administrative setback variances processed in accordance with located on Little Hickory Island, variances and special exceptions will be processed as reading-and- segond--readng and one public hearing before the City Council. For properties the Land Development Code require one public hearing before the Zoning Board and a fst impact and all administrative appeals of decisions of the director pertaining to the interpretation of exceptions that are not ancillary to an application for rezoning or a development of regional (d) With the exception of properties located on Little Hickory Island, Vvariances and special reading and second reading and public hearing before the City Council. variances and special exceptions, require one public hearing before the Zoning Board and a first (c) Privately initiated requests for developments of regional impact, rezonings, and ancillary must be advertised in accordance with Florida Statutes (b) City Council initiated rezoning of private property including ancillary variances special exceptions review the comprehensive plan amendment at a public hearing. (2) Prior to a final required hearing by the City Council, the local planning agency must resolutions pursuant to the requirements set forth in F.S for resolutions. exceptions and variances that are not also part of a rezoning request are enacted by F.S With the exception of properties located on Little Hickory Island, sspecial any new land use ordinance, must be enacted pursuant to the requirements set forth in (1) Any proposed amendment to this chapter or to any land use ordinance, or adoption of (a) Amendment or adoption of land use ordinances. Sec Required hearings. relief under ES , within 30 days after the decision has been rendered. For the (6) Special master. Final decisions under this section may be the subject of a request for

5 I SCRIVENER S ERRORS SECTION FOUR: CODIFICATION, INCLUSION IN CODE AND i; \Q AtIorn\Ord inances\2() 2 O( \incnd I DC 3 SpciaI I \clption & Viiiunccs icko Nland.doc Page 5 of 5 Date Filed With City Clerk: - Slachta Martin McIntosh Nelson Lonkart Simmons Simons Vote: Nay Nay City APPROVED AS TO FORM: Mayor C 6 this 2 day of May, DULY PASSED AND ENACTED by the City Council of the City of Bonita date. The effective date of this ordinance shall be thirty (30) days from its adoption SECTION FIVE: EFFECTIVE DATE filing a corrected or recodified copy of same with the City Clerk. re-lettered and typographical errors which do not effect the intent may be authorized by inclusion in the code is accomplished, sections of this ordinance may be renumbered or or phrase in order to accomplish such intention; and regardless of whether such work ordinance may be changed to section, article, or such other appropriate word provisions of this Ordinance shall become and be made part of the Bonita Springs City Code; and that sections of this ordinance may be renumbered or re-lettered and that the It is the intention of the City Council for the City of Bonita Springs that the the City Manager, or the City Manager s designee, without need or public hearing, by it would have enacted this Ordinance regardless of the invalid or prescribed provision application.

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