Mayor Arend and all Council Members were in attendance.

Transcription

1 City of Bonita Springs City Council Zoning Hearing for Monday, May 24, :00 am Bonita Springs Utilities' Board Room East Terry Street Bonita Springs, Florida MINUTES I. CALL TO ORDER. Mayor Jay Arend called the meeting to order at 9:00 A.M. II. PLEDGE OF ALLEGIANCE. Mayor Arend led in the pledge of allegiance. III. ROLL CALL. Mayor Arend and all Council Members were in attendance. IV. SECOND READING: A. Weigand Deck Variance VAR REQUEST BY ROLAND J. WIEGAND FOR A VARIANCE TO ALLOW A DECK TO MAINTAIN A 6- FOOT SIDE SETBACK; (STRAP NO B ) ON 11,154 + SQUARE FEET; City Attorney Audrey Vance read the title block of the Zoning Ordinance into the record. She stated that she has also prepared a Zoning Resolution denying the request. Chip Block, Zoning Division, outlined the request, which he stated was for a variance for a deck for property located on Gulf Harbor Court. Staff has recommended approval with conditions. The Zoning Board recommended denial of the request. Roland Weigand stated that he brought pictures with him to show City Council. Mayor Arend stated he would not be able to show them because they were not presented to the Zoning Board. Mr. Weigand continued that he is requesting a 6-foot setback for a 1.5-foot addition, while remaining out of the public easement. The doors coming out onto the deck overlook the lake and are 3 feet wide. He stated that he went to the County and spoke with Bobby Stewart, (Director of Codes and Building Services). He is trying to comply and has a new permit for the deck to allow him to rebuild the deck to swing around the house. He has started to cut back the deck. The deck would not encroach onto other property. He stated that the issue involves safety so one doesn t fall off the deck. He further explained. Minutes-City Council Zoning

2 Tape 1 Side 2 Daniel Gwazzo referred to a petition he brought with him depicting the names of 17 people against the deck. He stated that Mr. Weigand disobeyed the laws since He further addressed Sheriff s complaints with respect to the Applicant. He concluded by stating that there are seven more people that are willing to create another petition to have the deck removed. Discussion ensued. Council Member Ben Nelson motioned to uphold the Zoning Board s recommendation of denial, approving the Zoning Resolution; Council Member Robert Wagner seconded; and the motion carried unanimously. Adopted Zoning Resolution No B Belle Rio Drive VAR A ZONING ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; APPROVING VARIANCES REQUESTED BY DAVID E. TRUMBULL IN REFERENCE TO BELLE RIO DRIVE; (STRAP NO B ) ON 12,948 + SQUARE FEET; PROVIDING FOR AN EFFECTIVE DATE. Chip Block, Zoning Division, addressed the request, which he stated was for three varia nces from the Land Development Code for rear, waterbody and street setbacks. Staff has recommended denial of requests 1) and 2) and approval of 3) to allow an 18-foot street setback. The Zoning Board recommended approval of all three requests, with conditions. Suzanne Trumbull stated that everything has been covered at the Zoning Board meeting, who approved the work to be done. She is here to answer questions. Ms. Trumbull stated that they were told they could erect a covered stairwell of which the intent was to provide cover from the rain and lightening. The intent of the spiral staircase was to go straight up versus out. Discussion ensued. Council Member Wayne Edsall motioned approval of all three requests, approving the Zoning Ordinance; Council Member Nelson seconded; and the motion carried 6-1 (Council Member Piper dissenting). Adopted Zoning Ordinance No C. Bernwood Pelican Landing SEZ REQUEST BY 3MJ INC D/B/A TOKYO BAY II AND BERNWOOD ENTERPRISES INC. IN REF TO BERNWOOD SHOPPES AT PELICAN LANDING FOR A SPECIAL EXCEPTION FOR OUTDOOR DINING AND CONSUMPTION ON PREMISES (STRAP NO B ) ON ACRES; Chip Block, Zoning Division, outlined the request. He stated that both Staff and the Zoning Board have recommended approval of the request, with conditions. Attorney Neale Montgomery, representing the Applicant, stated that the request is for outdoor seating and consumption on premises. The site is surrounded by commercial uses and would result in no impacts. Minutes-City Council Zoning

3 Discussion followed on the hours of operation and outdoor entertainment. City Attorney Vance, after Council discussion, suggested a revision to Condition 3., which Council agreed to, to revise Condition 3., as follows: Live outdoor entertainment or recorded music will be permitted in the outdoor seating area as indicated on the Site Plan, only during the hours of operation specified in Condition 2. and in conformance with the Noise Control Ordinance in effect at the time of any violation. Council Member Nelson stated that he didn t believe specific types of music should be included in conditions, as the concern should relate strictly to decibel levels only. Council Member Wagner questioned the location from the nearest residential unit, which Mr. Frazier stated was approximately 366 feet away. Attorney Montgomery stated that all speakers on the site were required to be directed inward. Council Member Wagner motioned approval of the Zoning Ordinance, as amended; Council Member Piper seconded; and the motion carried unanimously. Adopted Zoning Ordinance No D. FPL Terry Substation SEZ REQUEST BY FLORIDA POWER AND LIGHT F0R A SPECIAL EXCEPTION FOR ESSENTIAL SERVICES GROUP II IN THE MH-1 ZONING DISTRICT TO PERMIT AN ELECTRIC SUBSTATION LOCATED AT CUTTING HORSE LANE, (STRAP NO B ) ON ACRES; City Attorney Vance read the title block of the Zoning Ordinance into the record, addressing a meeting with the County and a letter to Grover Whidden, with FPL, dated May 17 th (2004), regarding an additional condition to address the wellfield zone. Chip Block, Zoning Division, furnished an overview of the request, which is for a Special Exception for a substation on the site. Both Staff and the Zoning Board recommended approval of the request, with conditions. Staff also agrees with the additional condition as addressed by the City Attorney. Grover Whidden, the Applicant, stated that the site is a 12-acre parcel of which the electric substation will utilize five acres. The balance of the site will be used as greenspace and preserve areas. Landscaping and existing vegetation will screen the site from surrounding properties. No new transmission lines are to be constructed. The facility will be unmanned with occasional maintenance trips. The project will comply with all local, State and Federal regulations. The station will be lighted only when crews have to work there at night on repairs. Council Member Nelson motioned approval of the Zoning Ordinance. No public comments were made. Council Member Wagner seconded. Minutes-City Council Zoning

4 City Attorney Vance stated that FPL would like a concurrent Development Order, which they would pursue at their own risk. She further addressed the secondary containment area. Mr. Hall, also with FPL, stated that the containment areas are located under the transformers. Council Member Edsall addressed the paving of Cutting Horse Lane, and a brief discussion followed. The motion carried unanimously. Adopted Zoning Ordinance No E. Diamond Ridge DRI REQUEST BY DIAMOND RIDGE DEVELOPMENT OF REGIONAL IMPACT TO EXTEND THE BUILDOUT DATE TO AUGUST 14, 2004, AND A DETERMINATION AS TO WHETHER THE PROPOSED CHANGES CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINAL DEVELOPMENT APPROVALS THEREBY WARRANTING FURTHER REVIEW; ON ACRES; PROVIDING FOR AN EFFECTIVE DATE. Chip Block, Zoning Division, stated that the request is for a revised NOPC (Notice of Proposed Change) and for consideration of whether the request constitutes a substantial deviation. Both Staff and the Zoning Board have recommended approval of both requests. Attorney Neale Montgomery, representing the Applicant, briefly addressed the requests. A brief discussion followed on the process. Council Member Wagner motioned approval of the Zoning Ordinance; Council Member Edsall seconded; and the motion carried unanimously. Adopted Zoning Ordinance No City Attorney Vance asked Council Members to disclose all ex parte communications regarding all cases. Council Member Wagner reported ex parte communications in case VAR , Weigand Deck Variance, stating that he spoke to neighbors of the Applicant. Mayor Arend and Council Member Nelson reported ex parte communications in case SEZ , FPL Terry Substation. V. ADJOURNMENT. There being no further cases to discuss, the meeting adjourned at 10:07 A.M. Respectfully submitted, Debra Muchler, Recording Secretary Minutes-City Council Zoning

5 APPROVED: BONITA SPRINGS CITY COUNCIL: Date: AUTHENTICATED: Jay Arend, Mayor Dianne J. Lynn, City Clerk Minutes-City Council Zoning