(a)

The Bonita Plan requires developments of city impact to be developed as planned developments. These developments of city impact, defined in subsection (b) of this section, if not already zoned for the use desired, must be rezoned only to the most applicable planned development category. Other proposed developments, regardless of size, may seek a planned development designation where the developer desires and the division director determines that it is in the public interest to do so. Any request for an residential planned development (RPD) in areas designated as rural or outer islands in the Bonita Plan, which is for the purpose of increasing density over the standard density permitted, will be required to comply with special regulations set forth in sections 4-347 and 4-348 as well as the other requirements set forth in this article.

(b)

The Bonita Plan provides that certain owner-initiated rezonings and special exceptions meeting specified thresholds will be reviewed as developments of city impact. The development of city impact thresholds are further categorized as major or minor planned developments as follows:

(1)

Major planned developments.

a.

A residential development of 300 or more dwelling units.

b.

Any residential development proposing a density above the standard density range when located in areas designated as rural or outer islands by the Bonita Plan.

c.

A commercial development or activity located on a parcel of ten or more acres or that includes 100,000 square feet or more of floor area.

d.

An industrial development or activity located on a parcel of ten or more acres or that includes 100,000 square feet or more of floor area.

e.

Mining/excavation activities on a parcel of 320 or more acres.

f.

Animal or reptile exhibits, aquariums, arenas, civic centers, convention or exhibition halls, correctional facilities and prisons, fairgrounds, museums, planetaria, race tracks, regional parks, stadiums, and zoos, on ten or more acres of land.

g.

A health care facility Group V (hospital), that is not a part of a commercial or community facility planned development.

h.

Any other development required to apply for planned development zoning pursuant to sections 4-716 through 4-719, and as set forth in sections 4-2037 through 4-2045, pertaining to sports/amusement parks and recreational facilities.

i.

Residential uses within the interchange commercial area as specified by the Bonita Plan.

j.

Any combination of the above-listed land uses where the sum of the percentages of each applicable individual threshold is equal to or greater than 100 percent.

k.

Any development of regional impact not included in subsections (b)(1)a. through h. of this section.

l.

Any development which includes the aboveground storage of more than 40,000 gallons of petroleum.

m.

Any proposed hotel/motel which will contain more than 200 rental units or which will exceed the equivalency factors set forth in section 4-1529(4)b., when divided by the Bonita Plan maximum standard density for the property in question.

(2)

Minor planned developments.

a.

Botanical or zoological gardens, community parks, libraries, nature centers, religious facilities (excluding place of worship), state or federal parks, on ten or more acres of land.

b.

A health care facility Group II or III, social service Group III or IV community residential home, continuing care facility (CCF), or hospice, of 50 or more beds, which is not a part of a residential, commercial, or community facility planned development.

c.

Any other development required to apply for planned development zoning as set forth in sections 4-434 through 4-685.

d.

Except as listed below, any other application for planned development rezoning that does not meet or exceed the thresholds in section 4-272(b)(1)(a) through (l) will be reviewed as minor planned development.

1.

Existing development. An application for an existing development, such as a mobile home development, which has already been developed but does not conform to the regulations for a conventional district, that requests a rezoning to a planned development classification, will be reviewed in the same manner as a minor planned development, except that a traffic impact statement will not be required.

2.

Amendments to application. Applications for amendments to an approved major or minor master concept plan or its attendant documentation, or for the extension of a previously vacated master concept plan (for plans approved prior to December 2, 1991) will be treated procedurally as minor planned developments. These applications will require only as much information as is needed to describe the changes requested, to specify the incremental change in impacts expected from the amendment, and to detail the changes in development, environment and background (surrounding land use, traffic volumes, water, wastewater and other service availability, etc.), that have occurred since the original application.

(c)

Reserved.

(d)

Determination of development of city impact status.

(1)

Any owner wishing a determination of the development of city impact status of his property may apply to the director and pay a fee to cover administrative costs.

(2)

Any development which is less than 80 percent of the thresholds listed in section 4-272(b)(1) is conclusively presumed not to be a development of city impact. Any development which is more than 80 percent but less than 100 percent of the appropriate threshold is rebuttably presumed not to be a development of city impact. Any development which is more than 100 percent but less than 120 percent of any threshold is rebuttably presumed to be a development of city impact. Any development which exceeds 120 percent of any threshold is conclusively presumed to be a development of city impact.

(3)

The director will consider the following items in determining the development of city impact status of a proposed rezoning or special exception:

a.

The compatibility of the proposed zoning district with neighboring zoning districts and uses;

b.

The impact of the proposed zoning change on existing and proposed transportation facilities;

c.

The impact of the proposed zoning change on other urban services, as defined in the Bonita Plan; and

d.

The impact of the proposed zoning change on environmentally critical areas.

(4)

For the purpose of determining whether a parcel is a development of city impact, all abutting parcels which are in common ownership or control may be identified and taken into account in both determining development of city impact status and estimating the impacts of any proposed development.

(5)

The director's decision is an administrative decision which may be appealed in accordance with the procedure in this article.

(Ord. No. 11-02, § 3(4-341), 1-19-2011;Ord. No. 19-10, § 1(Exh. A), 11-20-2019; Ord. No. 21-09, § 2(Exh. A), 6-16-2021)

All applications for planned development zoning or master concept plan approval must follow the requirements detailed in sections 4-193 through 4-195 and the requirements set out in this division.

(Ord. No. 11-02, § 3(4-371), 1-19-2011)

The applicant may initiate the planned development process by requesting an optional preapplication conference with the department staff. In this request, the applicant shall provide a description of the property in question, the location of the property, the existing use, special features and the use proposed. Through this meeting, the applicant may avail himself of staff in order to be oriented to the planned development process, to determine what application materials are required (if a minor planned development), and to be advised of the impacts of the Bonita Plan, surrounding development and zoning, and other public policy on the development proposal.

(Ord. No. 11-02, § 3(4-372), 1-19-2011)

(a)

Minimum required information for all planned development zoning applications. Rezoning applications for planned developments must include the following information, supplemented, where necessary, with written material, maps, plans, or diagrams. Wherever this section calls for the exact or specific location of anything on a map or plan, the location must be indicated by dimensions from an acceptable reference point, survey marker or monument.

(1)

General application. A general application for public hearing in accordance with the requirements set forth in sections 4-193, through 4-195. Two or more planned development categories may be combined in one application under the following circumstances:

a.

The subject property is divided into development areas, each of which corresponds to a different planned development category; and

b.

Each development area is identified by a separate legal description and boundary sketch.

(2)

Filing fee. The filing fee in accordance with the duly adopted fee schedule. (See section 4-31.)

(3)

Covenants. A covenant and documentation of unified control. (See section 4-296.)

(4)

Description of existing conditions. The application for a planned development must be accompanied by:

a.

A map or other depiction of the existing zoning and current land uses (i.e., single-family residence, multiple-family building, retail commercial, office building, etc.) surrounding the tract or parcel to a distance of 375 feet.

b.

An aerial photograph with the site clearly delineated.

c.

Maps drawn at the same scale as the master concept plan marked or overprinted to show:

1.

Soils, classified in accordance with the USDA/SCS system;

2.

Vegetation and ground cover, classified in accordance with the state land use and cover classification system;

3.

Significant areas of rare and unique upland habitats as defined in the Bonita Plan; and

4.

A county topographic map (required if available) or a USGS quadrangle map showing the subject property.

d.

A map or other depiction of the property in relation to existing and proposed public transit routes, as well as to bus stops, if located within the Lee Tran public transit service area.

e.

A map showing the location of the property to be developed in relation to arterial and collector streets as well as the location of existing easements and rights-of-way on or abutting the property.

f.

The nature and location of any known or recorded historical or archaeological sites as listed on the state master site file or the county historical Site survey, and the location of any part of the property that is located within Level 1 or Level 2 zones of archaeological sensitivity pursuant to chapter 5. The plan must show the outline of historic buildings and approximate extent of archaeological sites. A description of proposed improvements that may impact archaeological or historical resources must also be provided.

(5)

Explanation. A narrative explanation as to how the proposed development complies with the Bonita Plan, the design standards set forth in section 4-325, and the guidelines for decision-making embodied in section 4-131.

(6)

Master concept plan. All applications must be accompanied by a graphic illustration (master concept plan) of the proposed development. Copies of the master concept plan must be provided in two sizes, 24 inches by 36 inches, and 11 inches by 17 inches in size. Both sizes of the master concept plan must be clearly legible and drawn at a scale sufficient to adequately show and identify the following information:

a.

The exact location of all points of vehicular ingress and egress from existing easements or rights-of-way into the development. If a subdivision, the plan must also show the general location of all proposed internal street rights-of-way or easements and the general location of all points of vehicular ingress and egress from the proposed internal rights-of-way or easements into multiple-family, commercial, or industrial use lots.

b.

Where the subject property will be divided into lots or parcels, the plan must indicate the general location, configuration, and approximate dimensions of the lots or parcels (including outparcels) as well as lot coverage, and the minimum proposed setbacks for principal structures. The proposed use of the lots or parcels must be keyed to the list of proposed uses submitted with the application. If the property development regulations for a specific zoning district will be used, reference to the specific district will be sufficient.

c.

Individual development areas (i.e., residential, retail, office, manufacturing, mixed use-listed, etc.) with detail showing:

1.

The boundary of each development area within which buildings, parking or other uses will be located;

2.

The maximum height, in feet and number of habitable stories; if parking under the buildings is proposed, the number of stories proposed for parking must be indicated and included in the total maximum height of the building;

3.

If residential, the maximum number of dwelling units by type;

4.

If a hotel or motel, the number of rooms by size;

5.

If a health care facility, the number of beds; and

6.

If commercial or industrial, the types and the total floor area of each use.

d.

The general location of service areas for delivery of goods or services must be shown for all developments that are not residential subdivisions.

e.

The general location of proposed parks and recreation areas and facilities, as well as indigenous areas to be preserved.

f.

The percentage of open space, unless the proposed development is a development consisting solely of conventional single-family dwelling units on lots of no less than 6,500 square feet. For commercial and industrial developments, the percentage of open space within each lot or outparcel must be as set forth in section 4-328(c).

g.

The minimum width and composition of all proposed buffers along the perimeter of the subject property, as well as between the individual uses, if the types of proposed uses require buffer separations. References to types of buffers as described in chapter 3 are acceptable.

h.

Proposed access and facilities for public transit in accordance with sections 4-325(e) and 3-450.

i.

The general location of excavations for on-site fill and wet retention. If the applicant proposes to remove excavated material from the property a planned development for mining and a general mining permit may be required. See section 3-331.

j.

If the development is located within a floodplain or flow way, it is the applicant's responsibility at the time of local development order or district permitting to compensate for impacts to flood storage capacity or flow ways due to filling of the site.

k.

The location of any requested deviations, keyed to the schedule of deviations, including drawings demonstrating the effect on the site plan.

(7)

Traffic impact statement. A traffic impact statement in a format and to the degree of detail required by a form furnished by the city and in conformance with the adopted administrative code. Upon written request, the director may waive this requirement for minor planned developments.

(8)

Schedule of uses. A schedule of uses keyed to the master concept plan as well as a summary for the entire property, including the following information, as well as:

a.

The types of uses proposed for the entire site. For projects with residential uses, the summary must include the types of proposed dwelling units.

b.

The number of units (gross square feet for commercial/industrial uses, number of units for residential or motel/hotel uses, beds for institutional types of uses, etc.) for each proposed use.

c.

The proposed percentage of open space for the entire site.

(9)

Schedule of deviations. A schedule of deviations and a written justification for each deviation requested as part of the master concept plan. The location of each requested deviation must be indicated on the master concept plan.

(10)

Filling of site to compensate for impacts. If the development is located within a floodplain or flow way, it is the applicant's responsibility to compensate for impacts to flood storage capacity or flow ways due to filling of the site at the time of local development order or district permitting.

(b)

Additional required information for all major planned development zoning.

(1)

A written description of the surface water management plan that includes:

a.

The runoff characteristics of the property in its existing state.

b.

In general terms, the drainage concept proposed, including the outfall to canals or natural water bodies, including how drainage flows from adjacent properties will be maintained.

c.

The retention features (including existing natural features) that will be incorporated into the drainage system and the legal mechanism which will guarantee their maintenance.

d.

How existing natural features will be preserved. Include an estimate of the ranges of existing and post development water table elevations, where appropriate.

e.

If the property is subject to seasonal inundation or subject to inundation by a stream swollen by the rains of a 100-year storm event, indicate the measures that will be taken to mitigate the effects of expectable flooding.

(2)

For large developments (defined in chapter 9), a protected species survey as required by section 3-455.

(3)

If the development is to be constructed in phases or if the traffic impact statement utilized phasing, then a description of the phasing program must be submitted.

(4)

Developments of regional impact. The contents of a complete and sufficient application for development approval (ADA) per F.S. ch. 380 duplicate or exceed the submittal requirements of this chapter.

(c)

Amendments to built planned developments (PD).

(1)

Part or all of a planned development which is built may be the subject of an application for a variance or other approval covered by this chapter wherein the subject property is the only part of the original planned development for which the approval is sought. If the subject property meets the threshold for a development of city impact, it will be reviewed in accordance with the provisions in this chapter which apply to developments of city impact. If the subject property is not a development of city impact, it will be reviewed in accordance with the provisions in this chapter which apply to conventional zoning districts. In either case, the applicant will be the owner of the subject property and the consent of the owners of the remainder of the original planned development will be unnecessary. However, these owners must be given notice of the application and other proceedings as if they were owners of property abutting the subject property regardless of their actual proximity to the subject property.

(2)

For purposes of this subsection (c), the term "built" means that all of the roads, utilities, buffering, open space, surface water management features and structures, common space, common amenities, common landscaping, gatehouses, entrance signs, entrance ways and other similar items identified as part of the final approved master concept plan have been constructed and acknowledged by the city as complete. In the case of residential planned developments or mixed developments which include residential structures, the term "built" does not mean that all residential structures must have been constructed on individual platted lots.

(d)

Sufficiency.

(1)

No hearing will be scheduled for an application for a planned development until the application has been found sufficient.

a.

All applications for planned developments will be deemed sufficient unless a letter advising the applicant of insufficiencies has been provided within 45 working days of submittal of the application.

b.

All amended applications will be deemed sufficient unless a subsequent letters advising the applicant of any insufficiencies has been mailed within 45 working days of the resubmittal. The contents of insufficiency letters will be limited to brief explanations of the manner in which insufficient applications do not comply with the formal requirements in this section and any provisions within the Land Development Code.

c.

Staff may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the city, at the applicant's request, shall proceed to process the application for approval or denial.

d.

After notice of insufficiency, the applicant has 60 days to submit supplemental or corrected documents, unless a longer time is agreed to in writing by the director and the applicant prior to the expiration of the 60 days. If the supplement or corrections are not submitted within the 60 days (or other time period agreed to) the application will be deemed withdrawn.

e.

Once an application has been found sufficient, it will be scheduled for public hearing. Any new information submitted by the applicant, or any changes made to information submitted for the sufficiency review, which is provided after the finding of sufficiency may, at the discretion of the director, be grounds for a deferral or continuance of the public hearing, depending on the advertised status of the hearing.

(2)

DRIs. Where a proposed planned development is identified by staff as a possible development of regional impact, the applicant will be notified that the application will be deemed sufficient only when accompanied by either a binding letter of interpretation from DEO or a complete and sufficient application for development approval (ADA). Failure by the city to notify the applicant in a timely manner (within 30 days of the application) will nullify any finding of insufficiency based on this requirement. Assuming the application is sufficient in all other respects, staff will commence its review of the planned development. However, there will be no hearing held before the zoning board until the applicant submits a binding letter of interpretation from DEO or a complete and sufficient ADA.

(Ord. No. 11-02, § 3(4-373), 1-19-2011; Ord. No. 17-04, § 1, 4-5-2017)

(a)

Any applicant for a rezoning or master concept plan confirmation under the planned development regulations as provided in this article must submit documentation corroborating unified control over the subject property.

(b)

If the initial applicant conveys all or part of the subject property to a subsequent purchaser, the conveyance is subject to the original covenant of unified control unless an amended covenant is filed with the director. This document must be filed within 60 days of closing, and must be recorded with other notices related to the planned development. This requirement does not apply to individual homesites or units (apartments) of a residential development or to any development wherein the obligation to enforce the regulations and conditions or covenants and restrictions is delegated to property owners or a condominium association or cooperative.

(Ord. No. 11-02, § 3(4-374), 1-19-2011)

Prior to the public hearing by the zoning board on an application under this division, community development may schedule and conduct a conference to facilitate a meeting of the applicant and staff persons from all relevant city, county, state, substate regional and federal agencies and special use districts. The purpose of this meeting is to identify, discuss and resolve various issues and to advise the applicant of staff concerns and potential recommendations. The product of this conference will include the staff's recommendations based upon the original or an amended application, and the applicant's written objections, if any.

(Ord. No. 11-02, § 3(4-375), 1-19-2011)

(a)

If the applicant wishes to enter a stipulation under this division he must file a stipulation setting out the issues on which he and the staff do not agree, with the zoning board no less than one working day prior to the date of the hearing. The stipulation must be signed by the applicant or his representative and, if there are any disputed issues, by the city planner responsible for the preparation of the staff report. Neither the staff nor the applicant may alter their positions on issues that were not listed as disputed on the stipulation at the hearing without the consent of the other party or the zoning board.

(b)

The prehearing stipulation will not be construed to limit the issues that may be raised by the zoning board or members of the general public. Neither the applicant nor the staff will be bound by the terms of the stipulation to the extent that new issues may be raised by the general public or the zoning board.

(c)

If the stipulation is not filed by the date required in subsection (a) of this section, the hearing must be continued unless the zoning board determines that the absence of the stipulation will not materially impair the ability to understand the case.

(Ord. No. 11-02, § 3(4-376), 1-19-2011)

(a)

Hearing before zoning board. After the staff prehearing conference required by this division, the application will be scheduled for a public hearing before the zoning board.

(1)

At the public hearing the zoning board will consider the application in accordance with article II of this chapter.

(2)

The recommendation made to the city council must be supported by formal findings that address the guidelines set forth in section 4-131. In addition, the findings must address whether the following criteria can be satisfied:

a.

The proposed use or mix of uses is appropriate at the subject location;

b.

The recommended conditions to the concept plan and other applicable regulations provide sufficient safeguards to the public interest.

c.

The recommended conditions are reasonably related to the impacts on the public's interest created by or expected from the proposed development.

(3)

If the zoning board determines that a recommended condition is insufficient, they may recommend an alternate condition for consideration by the city council.

(4)

If the application includes a schedule of deviations pursuant to section 4-326, the zoning board's recommendation must approve, approve with modification or reject each requested deviation based upon a finding that each item:

a.

Enhances the achievement of the objectives of the planned development; and

b.

Preserves and promotes the general intent of this chapter to protect the public health, safety and welfare.

If the zoning board concludes that the application omits necessary deviations, they may include those omitted deviations in its recommendation without an additional hearing.

(5)

As a condition of approval of a deviation, the zoning board may recommend that the applicant receive administrative approval of a more detailed development plan for each affected development area. Applications for administrative approval will be processed as administrative amendments in accordance with section 4-302 and may be granted by the director upon a finding that public health, safety, and welfare will not be adversely affected by the request.

(b)

Hearing before city council.

(1)

After the zoning board's hearing, an application for a planned development, together with all attendant information, staff reports and the zoning board minutes and draft ordinance of the recommendation, will be forwarded to the city council. The city council will consider the application in public hearing in accordance with article II of this chapter.

a.

After reviewing all the identified information, the city council may either:

1.

Continue further consideration until additional information is provided by the applicant or staff or until the applicant makes changes in the application, subject to re-review by the staff and the zoning board as required; or

2.

Formally approve, approve with modification, or deny the application.

b.

If the city council denies the application without prejudice, it may remand the proposal to the staff with directions to bring the application back to the zoning board once the application is amended. If new or additional information, not previously provided to the staff or the zoning board, is supplied by the applicant subsequent to the zoning board hearing, the city council may remand the application to the zoning board for rehearing.

(2)

The decision of the city council must be supported by a formal finding that, in addition to the guidelines set forth in article II of this chapter, the criteria set forth in subsection (a)(2) of this section have or have not been satisfied.

(3)

In addition to adopting a master concept plan for the planned development, the city council may adopt any special conditions necessary to address unique aspects of the subject property in the interest of protecting the public health, safety and welfare. If any recommended special condition is found to be insufficient, the city council may substitute its own language for such special condition in the final resolution.

(4)

If a schedule of deviations from other provisions of this chapter (see section 4-326) is a part of the planned development application, the city council may approve, approve with modification, or reject the entire schedule or specific items based upon their finding that each item:

a.

Enhances the achievement of the objectives of the planned development; and

b.

Preserves and promotes the general intent of this chapter to protect the public health, safety and welfare.

(5)

The city council may require, as a condition of approval of the deviation, that the applicant receive administrative approval of a more specific development plan for each affected development area or parcel. Applications for administrative approval will be processed as administrative amendments in accordance with section 4-302 and may be granted by the director only upon a finding that the public health, safety, and welfare will not be adversely affected by the request.

(6)

If the city council denies or modifies the requested use, deviation, or other information shown on the master concept plan, a revised master concept plan must be submitted to community development reflecting the substance of the approved ordinance prior to execution of the ordinance. Legible copies of the revised master concept plan must be provided in three sizes, 24 inches by 36 inches, 11 inches by 17 inches, and 8½ inches by 11 inches.

(7)

An application remanded for further consideration must be brought to hearing before the zoning board within six months of the date the remand order is rendered. If the application is not brought forward as ordered within six months, it will be deemed withdrawn. Thereafter, the applicant will be required to file a new application for consideration by the zoning board and the city council.

(Ord. No. 11-02, § 3(4-377), 1-19-2011; Ord. No. 12-13, § 1(4-377), 8-15-2012)

(a)

Compliance with applicable regulations. After the adoption of the master concept plan and the conditions and auxiliary documentation that govern it, any and all development and subsequent use of land, water and structures within the planned development must be in compliance with the following, in order of precedence:

(1)

The Bonita Plan.

(2)

Divisions 1, 2 and 3 of this article.

(3)

The master concept plan and attendant conditions and auxiliary documentation.

(4)

Applicable city development regulations in force at the time of final plan submission.

(5)

The general provisions of this chapter, unless otherwise excepted by an approved schedule of deviations.

(b)

Applicability of development regulations. All approvals of general aspects of the master concept plan (see section 4-295(a)(5)) are conceptual only, and are subject to all development regulations established to protect health, safety and welfare that are in force at the time of the final plan review. Reliance in detail on the approval of a general aspect of the master concept plan is not justified and is not in good faith.

(c)

Recording of notice. The department must record a notice of master concept plan approval in the official records of the county. The notice should include a statement which explains that the master concept plan approval is an encumbrance on the real estate described in the plan.

(d)

Prohibitions.

(1)

The introduction of a use of land or water not provided for on the master concept plan or attendant documentation thereto.

(2)

Creation of a development parcel or outparcel not specified on the master concept plan.

(3)

No development parcel or outparcel may be created that is not of sufficient size and configuration to support the principal use proposed together with all accessory land and water uses, such as open space, parking, surface water management and the like, or that does not have permanent and irrevocable rights to such space or use on adjacent and abutting property.

(e)

Enforcement. The obligation to enforce the conditions attached to the master concept plan remains with the original applicant until all of the subject property is developed and certificated for use and occupancy or until a subsequent owner assumes that obligation for all or part of the subject property. Completion or vacation of a phase of the development, or conveyance of a development parcel or outparcel, will relieve the original applicant only as to that phase, development parcel or outparcel, and then only when notice is filed and recorded in accordance with section 4-296. The obligation to enforce the conditions attached to a reaffirmed master concept plan will lie with whoever files the covenant of unified control for that reaffirmation.

(f)

Noncompliance. If the city discovers noncompliance with the regulations or the master concept plan and its attachments, the city may withhold any permit, certificate or license to construct, occupy or use any part of the planned development. This will not be construed to injure the rights of tenants of previously completed and properly occupied phases.

(Ord. No. 11-02, § 3(4-378), 1-19-2011)

All terms, conditions, safeguards and stipulations made at the time of the approval of a master concept plan are binding upon the applicant or any successor in title or interest to all or part of the planned development. Departure from the approved plans or failure to comply with any requirement, condition or safeguard constitutes a violation of this chapter.

(Ord. No. 11-02, § 3(4-379), 1-19-2011)

(a)

Amendments to an approved master concept plan or its attendant documentation may be requested at any time during the development of or useful life of a planned development.

(b)

Amendments that may be approved by the director include, in general, any change to the interior of the development which does not increase density or intensity (i.e., number of dwelling units or quantity of commercial or industrial floor area), or decrease buffers or open space. The director may not approve a change which results in the substantial underutilization of public resources and public infrastructure committed to the support of the development. In addition, the director may not approve changes which result in a reduction of total open space, buffering, landscaping and preservation areas or which adversely impacts on surrounding land uses.

(c)

All other requests for amendments to a master concept plan or its auxiliary documentation will treated procedurally as minor planned developments, but with application information and materials specified by section 4-295(a)(7).

(d)

Any application for an amendment that proposes a development which, taken by itself, would constitute a major planned development (development of city impact see sections 4-195(b) and 4-272(b)(1)) may not be treated as a minor planned development unless it clearly meets the criteria set forth in section 4-272(b)(2). Otherwise, it must proceed as a new and separate major planned development.

(e)

Notice of a plan amendment must be recorded in the same manner as the approved master concept plan itself.

(Ord. No. 11-02, § 3(4-380), 1-19-2011)

(a)

Duration of rights for planned developments.

(1)

All development rights conferred by an adopted master concept plan are valid for five years from the date the planned development was approved by the city council, unless a greater time is approved for a development of regional impact (DRI). A master concept plan that is approved as part of a (DRI) is valid from the date the planned development was approved by the city council until the initial build out date provided in the DRI development order.

(2)

An applicant must acquire a development order for a substantial portion of the project within five years of the date of the approval of the planned development, unless a greater time is approved in accordance with the provisions below. The development order must be submitted before the master concept plan expires. A substantial portion of the project is defined as no less than 20 percent of the lots, dwelling units, square feet, or other applicable measurements of intensity as applicable, unless a lesser percentage is approved by the city council.

(3)

Master concept plans for planned developments that do not require development orders pursuant to chapter 3 are not subject to the time frames in this section.

(4)

The duration of a master concept plan that is part of a development of regional impact DRI will be automatically extended if the DRIs phasing or build-out dates are extended. The MCP duration extension is limited to the length of the extension of the build-out date granted in the DRI.

(b)

Status of expired master concept plans. When a master concept plan expires the property will remain zoned planned development, but no additional development can occur or be approved until a new master concept plan is approved in compliance with section 4-295 et seq.; the original master concept plan is reinstated in accordance with subsection (d) of this section; or the property is rezoned.

(c)

Extensions of master concept plans through public hearing process.

(1)

An approved master concept plan that is not vacated may be extended by the city council at a public hearing for one additional extension not to exceed four years; provided that:

a.

The applicant submits a completed application form for extension (on a form provided by the community development) not more than one year and not fewer than 120 days prior to the date the current master concept plan vacates as provided in subsection (a) of this section together with the appropriate fee. The application must include, unless waived by the city council, at a minimum:

1.

All submittal requirements for a public hearing pursuant to sections 4-193 and 4-194;

2.

A copy of the approved master concept plan amended in accordance with section 4-299(b)(6) to reflect the uses, deviations and other modifications set forth in the approving ordinance (no changes may be made to the master concept plan);

3.

A copy of the approved planned development zoning ordinance and all approved amendments;

4.

A written statement describing how the criteria listed in subsection (c)(1)b. of this section have been met;

5.

A current traffic impact statement (TIS) pursuant to section 4-295(a)(7); and

6.

A detailed narrative explaining why the required development order is not approved and a chronology documenting that the required development order has been diligently pursued.

7.

The director may require additional information as described in section 4-295 if necessary to review the request.

The director may require additional information as described in section 4-295 if necessary to review the request.

b.

The city council, after reviewing the recommendation of the staff, determines that:

1.

The master concept plan is consistent with the Bonita Plan;

2.

The master concept plan is compatible with existing and approved development;

3.

There will be sufficient capacity for potable water, sanitary sewer, surface water management, solid waste disposal, parks and recreation, roadway facilities and public schools to serve the development at the time the impacts of the development will occur without causing these facilities and services to function at a level of service below the minimum regulatory levels established in the Bonita Plan; and

4.

The reason the required development order is not approved is reasonably beyond the control of the applicant and the applicant is diligently pursuing approval of the required development order.

(2)

Prior to granting any extension, the city council will review uses for compatibility with existing and approved development, and may remove uses or add conditions to make the use consistent with the Bonita Plan. The city council may approve, deny, or limit the requested extension to a period less than the applicant's request. The decision of the city council is discretionary. A master concept plan that has not received a development order and diligently pursued construction, prior to the master concept plan extension expiration, may not receive a second extension but must be reviewed in accordance with section 4-295 et seq.

(d)

Reinstatement of master concept plans not permitted.

(1)

An expired master concept plan or a phase of a master concept plan may only not be reinstated by the city council; unless an application was submitted to community development prior to August 1, 2017. Any application submitted before such date must meet former section 4-303(d) and will be processed in accordance with said section. The director may require additional information as described in section 4-295 if necessary to review the request.

(Ord. No. 11-02, § 3(4-381), 1-19-2011; Ord. No. 12-13, § 1(4-381), 8-15-2012; Ord. No. 17-09, § 1, 7-21-17)

(a)

All planned developments shall be consistent with the provisions of the Bonita Plan.

(b)

All planned developments, unless otherwise excepted, shall be designed and constructed in accordance with the provisions of all applicable city development regulations in force at that time.

(c)

The tract or parcel proposed for development under this article must be located so as to minimize the negative effects of the resulting land uses on surrounding properties and the public interest generally, and must be of such size, configuration and dimension as to adequately accommodate the proposed structures, all required open space, including private recreational facilities and parkland, bikeways, pedestrian ways, buffers, parking, access, on-site utilities, including wet or dry runoff retention, and reservations of environmentally sensitive land or water. In large residential or commercial planned developments, the site planner is encouraged to create subunits, neighborhoods or internal communities which promote pedestrian and cyclist activity and community interaction.

(d)

The tract or parcel shall have access to existing or proposed roads:

(1)

In accordance with chapter 3 and as specified in the Bonita Plan traffic circulation element or the official trafficways map of the county;

(2)

That have either sufficient existing capacity or the potential for expanded capacity to accommodate both the traffic generated by the proposed land use and that traffic expected from the background (through traffic plus that generated by surrounding land uses) at a level of service D or better on an annual average basis and level of service E or better during the peak season, except where higher levels of service on specific roads have been established in the Bonita Plan; and

(3)

That provide ingress and egress without requiring site-related industrial traffic to move through predominantly residential areas.

(e)

If within the Lee Tran public transit service area, the development shall be designed to facilitate the use of the transit system.

(f)

Development and subsequent use of the planned development shall not create or increase hazards to persons or property, whether on or off the site, by increasing the probability or degree of flood, erosion or other danger, nor shall it impose a nuisance on surrounding land uses or the public's interest generally through emissions of noise, glare, dust, odor, air or water pollutants.

(g)

Every effort shall be made in the planning, design and execution of a planned development to protect, preserve or to not unnecessarily destroy or alter natural, historical or archaeological features of the site, particularly mature native trees and other threatened or endangered native vegetation. Alteration of the vegetation or topography that unnecessarily disrupts the surface water or groundwater hydrology, increases erosion of the land, or destroys significant wildlife habitat is prohibited. That habitat is significant that is critical for the survival of rare, threatened or endangered species of flora or fauna.

(h)

A fundamental principle of planned development design is the creative use of the open space requirement to produce an architecturally integrated human environment. This shall be coordinated with the achievement of other goals, e.g., the preservation or conservation of environmentally sensitive land and waters or archaeological sites.

(i)

Site planning and design shall minimize any negative impacts of the planned development on surrounding land and land uses.

(j)

Where a proposed planned development is surrounded by existing development or land use with which it is compatible and of an equivalent intensity of use, the design emphasis shall be on the integration of this development with the existing development, in a manner consistent with current regulation.

(k)

Where the proposed planned development is surrounded by existing development or land use with which it is not compatible or which is of a significantly higher or lower intensity of use (plus or minus ten percent of the gross floor area per acre if a commercial or industrial land use, or plus or minus 20 percent of the residential density), or is surrounded by undeveloped land or water, the design emphasis will be to separate and mutually protect the planned development and its environs.

(l)

In large residential or commercial planned developments, the site planner is encouraged to create subunits, neighborhoods or internal communities which promote pedestrian activity and community interaction.

(m)

In order to enhance the viability and value of the resulting development, the designer shall ensure the internal buffering and separation of potentially conflicting uses within the planned development.

(n)

Density or type of use, height and bulk of buildings and other parameters of intensity should vary systematically throughout the planned development. This is intended to permit the location of intense or obnoxious uses away from incompatible land uses at the planned development's perimeter, or, conversely, to permit the concentration of intensity where it is desirable, e.g., on a major road frontage or at an intersection.

(o)

Unless otherwise provided for in this article, minimum parking and loading requirements shall be as set forth in article VI, divisions 25 and 26, of this chapter. Where it can be reasonably anticipated that specified land uses are generators of occasional peak demand for parking space, a portion of the required parking may be pervious or semi-pervious surfaces subject to the condition that it be constructed and maintained so as to prevent erosion of soil. In all cases, however, sufficient parking shall be provided to prevent the spilling over of parking demand onto adjacent properties or rights-of-way at times of peak demand.

(p)

Joint use of parking by various land uses within the planned development may be permitted by special condition where it can be demonstrated or required that the demand for parking by the various uses will not conflict. Joint parking agreements between uses within and uses without the planned development shall be governed by agreement per general regulation (see section 4-1730), without exception.

(q)

Internal consistency through sign control, architectural controls, uniform planting schedules and other similar controls is encouraged.

(Ord. No. 11-02, § 3(4-411), 1-19-2011)

(a)

Except where specifically suspended or preempted by alternative regulations in this article, or by special conditions adopted to the master concept plan, all general provisions of this chapter shall apply to any planned development. However, to provide design flexibility in developing land through this article, deviations from the general provisions of this chapter, as well as from any separate land development regulation or code, may be permitted where it can be demonstrated in the process of reviewing the concept plan that the planned development will be enhanced and that the intent of such regulations to protect health, safety and welfare will be served. Such deviations shall be set forth in a separate schedule in the application and be accompanied by documentation, including sample detail drawings illustrating how each deviation would operate to the benefit, or at least not to the detriment, of the public interest. Approved deviations shall be set forth as part of the documentation attached to the master concept plan.

(b)

Deviations may be permitted by this procedure to general or specific standards set forth in this chapter, chapter 3 when specifically requested and approved on the master concept plan, and other development ordinances.

(Ord. No. 11-02, § 3(4-412), 1-19-2011)

Density or intensity of use permitted in any planned development shall be determined on a case-by-case basis in accordance with the following:

(1)

The range of density or the uses permitted or encouraged under the Bonita Plan at that location;

(2)

The availability of adequate capacity of all public facilities and services (in order of precedence, roads, water, sewer, surface water management, public safety, schools and other public services);

(3)

The level of public services to be provided by the development; and

(4)

The nature of and the density and intensity of existing development surrounding the project.

(Ord. No. 11-02, § 3(4-412), 1-19-2011)

(a)

For the purpose of calculating requirements for planned developments, the term "open space" is defined as follows:

Common open space means open space which is physically accessible to all residents of the development.

Open space has the meaning given such term in chapter 3.

Private open space means open space which is physically separated from the common open space and is accessible primarily from a building or unit to which it is appurtenant.

(b)

Open space should be reasonably accessible to all dwelling units.

(c)

Each lot, tract or outparcel shall meet or exceed the minimum open space percentage and size requirements of chapter 3. The minimum amount of open space for the total development area shall be no less than the minimum percentage required in chapter 3 for large projects, including indigenous vegetation preservation. A request may be made to assign minimum open space percentages to individual lots, tracts or outparcels which are different than those required by chapter 3; provided that:

(1)

The sum of open space allocated to the individual lots, tracts, or outparcels shall be no less than the minimum percentage required in chapter 3 for the entire development area, including indigenous vegetation preservation.

(2)

An open space table shall be inserted as part of the master concept plan which indicates the minimum amount of open space which each lot, tract or outparcel shall provide.

(3)

Open space areas shall meet, at a minimum, the dimensional size requirements for open space as set forth for small or large projects, as applicable, in chapter 3.

(4)

No lot, tract or outparcel shall provide less than ten percent open space.

(5)

All such requests must be approved by the city council as part of the planned development rezoning.

(d)

Unimproved open space, e.g., reserved conservation or preservation areas such as wetlands (see the comprehensive plan, as amended, or as further amended, renumbered or replaced), must be committed at the completion of the first phase.

(Ord. No. 11-02, § 3(4-414), 1-19-2011)

(a)

If, at the time of rezoning or final plan review, a proposed planned development is found to require the creation, enlargement or extension of any road or street, any public utility system or other public service provision:

(1)

Notwithstanding concept plan approval, no permits for occupancy or use of the development, or phase thereof, shall be issued until such additional infrastructure is in place, or the service is available;

(2)

The developer shall make provisions acceptable to the appropriate agency, utility or other service provider for offsetting any incremental increase in net cost of or premature and unprogrammed commitment of capital necessitated by the act or timing of the development; or

(3)

The developer shall provide the necessary capital facilities and services in such a manner as to ensure their continuous operation and maintenance for the near and long term, in accordance with the standards set by the appropriate local, regional, state and federal agencies.

(b)

The requirements set forth in subsection (a) of this section shall be subject to credits or additional conditions as specified in other city ordinances.

(c)

Each and every planned development approved after the effective date of the ordinance from which this chapter is derived, and all previous planned developments with resolutions containing a condition requiring payment of road impact fees, shall be subject to the following standard condition: If chapter 2, article VI, division 2, pertaining to road impact fees, is ever repealed or rescinded or otherwise becomes of no force and effect, the developer or property owner or successor of the developer or property owner shall pay an amount of road impact fees equivalent to that required by chapter 2, article VI, division 2, or the specific amount of mitigation required by the resolution, or provide alternative mitigation acceptable to the director. The amount of the fee shall be determined as of the date chapter 2, article VI, division 2, is repealed or rescinded or otherwise becomes of no force and effect. All planned development ordinances adopted after the effective date of the ordinance from which this section is derived (December 3, 1990) shall contain the language of the condition listed in this subsection.

(Ord. No. 11-02, § 3(4-415), 1-19-2011)

In order for a proposed planned development in rural or outer islands to be approved at a density above the standard density range, the property owner or land developer shall demonstrate that the development is in compliance with the following performance standards:

(1)

All internal improvements, including, but not limited to, water, sewer, roads, water management and recreational areas, shall be installed to city standards or specifications at the developer's expense.

(2)

The property owner or land developer shall pay for all of the capital costs of all off-site improvements and services required by the project. This payment of capital costs may include, but shall not be limited to, impact fees, special taxing districts (this does not include municipal services taxing units), capital construction, operation and maintenance funds, in lieu of fees, and dedication of land and facilities.

(3)

The property owner or land developer must clearly demonstrate that the operation and maintenance costs of the project will not be borne by the city. The establishment of a homeowners' association or other legally responsible organization or arrangement may be utilized to bear the responsibility for operation and maintenance costs.

(Ord. No. 11-02, § 3(4-441), 1-19-2011)

In addition to the requirements of division 2 of this article, applicants for residential planned developments within rural or outer islands requesting density above the standard density range for the land use classification in which located shall submit three impact analyses addressing how the proposed project will affect the environmental, fiscal and economic, and social aspects of the site, its surrounding environs and the city. The contents of each impact analysis shall be written by either a professional biologist, economist, engineer, landscape architect, market analyst, soil scientist or planner. Each analysis shall identify all methodologies, models, assumptions and standards used in obtaining or evaluating any information contained therein. Applicants shall be prepared to supply, upon request, relevant background data used to obtain any information contained in the analyses. In those instances where required items would be best delineated on a map, site plan, aerial photograph or other graphic display, the applicant may do so. The map, site plan, aerial photograph or other graphic display shall be clearly labeled to identify what particular element of the impact analysis it relates to.

(1)

Environmental impact analysis. The environmental impact analysis shall include, but not necessarily be limited to, the following items:

a.

A master drainage plan for the proposed project delineating existing and proposed drainage areas, water retention areas, drainage structures, drainage easements, canals and other major drainage features.

b.

A soil survey for the proposed project indicating soil development limitations for each soil type on the site, a discussion on how these limitations will be overcome, and what site alterations will be necessary for development.

c.

A soil erosion control plan which delineates what temporary and permanent erosion control measures will be taken during each phase of the proposed project to prevent and control soil erosion.

d.

A hydrogeologic section which describes the hydrologic conditions (groundwater and surface water) of the site, including identification of potential aquifer recharge areas, and describes all geologic features of the site, including a discussion of what aspects of the proposed project will be used to compensate for or take advantage of these features.

e.

A wetlands survey section which, if applicable, enumerates the acreage of wetlands on the site, what alterations or disturbances to wetlands are proposed, and what wetlands will be preserved in their natural or existing state.

f.

If any area within the proposed project site is within a 100-year flood hazard area, as identified by the Federal Insurance and Mitigation Administration or any other federal, state or local agency, a discussion of the methods that will be used to compensate for the potential flood hazard.

g.

A vegetation survey section which identifies dominant plant communities, dominant species and other unusual or unique features of the vegetation associations. The study shall specify the ecological function, health and conditions of each plant community. If there are any rare or endangered plants on the site, they shall be identified, and protection measures shall be undertaken.

h.

A wildlife survey section which identifies all species, including aquatic life, which nest, feed, reside on or migrate to the development site. The survey shall specify what measures will be taken to protect the wildlife and their habitats. If any wildlife species are considered endangered or threatened, steps shall be taken to protect them and their breeding, nesting and feeding areas.

i.

If applicable, identification of what agricultural resources will be lost (i.e., grazing land, acreage, crop yield, etc.) as a result of the proposed development.

j.

An air quality analysis for each phase of the proposed development which provides the estimated average daily emissions of carbon monoxide, hydrocarbons, particulates, etc., in pounds per day by type and source, including measures that will be taken to reduce emissions and minimize adverse effects.

k.

A wastewater management analysis which provides the average daily flow, in million gallons per day, of wastewater generated at the end of each phase of development. If on-site treatment and disposal is to be provided, the method and degree of treatment shall be indicated, and it shall also be indicated who will operate and maintain the facility. If septic tanks are to be used, the number of units to be served and any plans for their eventual phase out shall be indicated.

l.

A drainage analysis which describes the proposed drainage system for the development. The total number of acres in each drainage area, the total acres and storage capacity of proposed retention areas, and the total acres of proposed impervious surfaces shall be indicated. The analysis shall specify and compare the volume and quality of runoff from the development site in its existing condition to the anticipated runoff at the end of each phase of development. The provisions that will be incorporated in the design of the drainage system to minimize any increase in runoff from the site and to minimize any degradation of water quality shall be indicated.

m.

A water supply analysis which projects the average daily potable and non-potable water demands for each phase of the proposed development. If seasonal demands occur, anticipated peak demands and their duration shall be discussed. A breakdown of the sources of the water supply, both potable and non-potable, for each phase of the proposed development, shall be provided.

n.

A projection of the average daily volumes of solid waste generated at the completion of each phase of the proposed development. The plans for disposal of such waste shall be indicated.

o.

A noise impact analysis which indicates the estimated decibel levels for each phase of the development, and an indication of the measures that will be taken to reduce noise levels and minimize adverse effects to adjacent neighborhoods.

p.

A hurricane evacuation plan, if applicable, which indicates what on-site provisions will be made for storm shelter space.

q.

If there are any historical or archaeological sites on the development site, a statement indicating what steps will be taken to protect and preserve them, where appropriate.

r.

A site plan showing the general location of buildings and infrastructure, including bikeways, at the same scale as the aerial photograph depicting vegetation associations on the site as listed in the Florida Land Use and Cover Classification System (FLUCCS).

(2)

Fiscal and economic impact analysis. The fiscal and economic impact analysis shall include, but not necessarily be limited to, the following items:

a.

The estimated annual average ad valorem tax yield from the development during each phase of the proposed development.

b.

The estimated capital costs of the development, and the source of these funds, for all public facilities and services required by the development during each phase. This analysis should include estimated costs for water, wastewater disposal, solid waste disposal, stormwater management, recreation, roads, police, fire protection, hospitals and emergency medical services.

c.

The estimated expenditures for development during each phase of the proposed development.

d.

The impacts of displaced activities such as agriculture or other predevelopment land uses.

e.

A market feasibility study for the proposed development. This study shall describe in general terms how the demand for this proposed development was determined.

(3)

Social impact analysis. The social impact analysis shall include, but not necessarily be limited to, the following items:

a.

A traffic analysis indicating how the proposed development will affect the adjacent neighborhoods and its primary impact area. Existing conditions on the road network within the primary impact area (a five-mile radius extending from the proposed development), including the average daily total, peak hour trips, directional traffic load, level of service and road capacity, shall be indicated.

b.

A housing supply analysis which shows the breakdown of the proposed construction of residential units by price or rental range, type of units and number of bedrooms. The analysis shall indicate the number, if any, of low- and moderate-income dwellings provided, the number and percentage of lots that will be sold without constructed dwelling units, and what will be the target group for the marketing effort for the residential units and lots.

c.

A description of how the proposed development will procure police and fire protection services, indicating the service and its location, and specifying any conditions for dedication.

d.

An analysis of how the proposed development will affect the local educational system. The number of school age children expected to reside at the development shall be estimated. The analysis should indicate if school facilities or sites will be dedicated or if contributions will be provided. If there are any special educational needs of the residents of the proposed development, those needs should be indicated.

e.

A health care analysis which estimates the travel time to the nearest health care facility. This should indicate what the nearest health care facility is and briefly enumerate what services are available, and indicate if there are any special health care needs of the residents of the proposed development and what provisions will be undertaken to meet these needs.

f.

A description of how the proposed development will impact existing public park and recreation facilities within the community planning district of the project site, and how the project will or will not offset existing demands for park and recreation services.

(Ord. No. 11-02, § 3(4-442), 1-19-2011)