July 11, 2016 Mr. Wayne Arnold 3800 Via Del Rey Bonita Springs, FL 34134 Re: Pelican Landing Commercial Planned Development (CPD)/Residential Planned Development (RPD) Amendment, PD15-23946-BOS Dear Mr. Arnold: The Zoning Division has reviewed the information provided and supplemented for the planned development amendment request referenced above. Additional support documentation is required for the application to be deemed complete. Please provide comments for each requirement not satisfied on the attached checklist. If the requested items are not provided within 60 calendar days of this letter, this application will be considered withdrawn. Please feel free to contact me if you have any questions. DEPARTMENT OF COMMUNITY DEVELOPMENT Zoning Division

Jacqueline Toemmes Genson, AICP Planning and Zoning Manager Copy: Audrey Vance, City Attorney Leah Fontanez, Assistant to the City Attorney’s Office Arleen Hunter, Assistant City Manager John Dulmer, AICP, Community Development Director Jay Sweet, Planner, AICP and PSM Michael Kirby, CEP Tom Ross, Transportation Review Walter McCarthy, Village of Estero Sharon Jenkins Owen, Lee County Phillip Green, Estero Fire Rescue David Theriaque, Theriaque & Spain PD Files

9101 Bonita Beach Road

Bonita Springs, FL 34135

Tel: (239) 949-6262

Fax: (239) 949-6239 www.cityofbonitasprings.org

Peter Simmons Mayor

Amy Quaremba Council Member

District One

Greg DeWitt Council Member

District Two

Steven Slachta Council Member

District Three

Peter R. O’Flinn Council Member

District Four

Michael Gibson Council Member

District Five

Fred Forbes Council Member

District Six

Carl L. Schwing City Manager

(239) 949-6267

Audrey E. Vance City Attorney

(239) 949-6254

City Clerk (239) 949-6247

Public Works (239) 949-6246

Code Enforcement (239) 949-6257

Parks & Recreation (239) 992-2556

Community Development

(239) 444-6150

Wayne Arnold Pelican Landing CPD/RPD Amendment PD15-23946-BOS July 11, 2015 Page 2

BONITA SPRINGS Planning and Zoning

1. Application. a. Part 5A. Please complete. b. Part 7. Please complete in accordance with the Lee County Land

Development Code (LDC), Administrative code, and the Lee County Development of Regional Impact (DRI) Development Order for Pelican Landing.

c. Part 8. Any application material that did not receive a waiver previously is required or another waiver request must be submitted.

d. Affidavit of Authorization and Disclosure of Interest forms. Part V, Exhibit I-B-4, and Exhibit I-F. Paul Ernhardt is not listed as an officer or registered agent for Pelican Landing Golf Resort Ventures Limited Partnership with the Division of Corporations.

e. Request Statement and Demonstration of Compatibility. i. FDC Analysis.

1. Pages 1-2. It should be clarified that all development in the Pelican Landing Development of Regional Impact (DRI) is required to comply with the Hurricane Preparedness conditions in both the City and County DRI development orders. If this new development is not a part of the Pelican Landing Community Association, then WCI shall be required that this separate Property Owner Association (POA) be advised of these conditions.

2. Page 2. 9j-2.0257, Florida Administrative Code (FAC) was transferred to 73C-40.0257. Staff acknowledges that Southwest Florida has a Special Hurricane Preparedness District for Developments of Regional Impact based on the 1995 Hurricane Evacuation Study Update.

3. Page 4. a. It appears the Pelican Landing DRI is

located in two Traffic Evacuation Zone (TEZ). Please include TEZ 1600 and update accordingly.

b. Please explain how the occupancy rate and persons/unit calculation. Reference to comprehensive plan range for Outlying Suburban is incorrect.

4. Page 5. a. Policy 105.1.5. A portion of this statement

is inaccurate. The portion of the parcel located in the Kersey Smoot RPD has been designated as a golf course since 1998. The portion of the parcel located within the

Wayne Arnold Pelican Landing CPD/RPD Amendment PD15-23946-BOS July 11, 2015 Page 3

Pelican Landing CPD/RPD RPD Area E only allowed for multi-family at a maximum height of 75’ above minimum flood elevation with no more than 6 habitable floors, but was rezoned in 2000 for incorporation into the golf course development.

b. Policy 5.2.6. The reference to this policy is inaccurate. This policy is in reference to redevelopment of existing multi-family residential development approved and developed prior to the adoption of the 1984 Lee Plan and is in excess of their density range. Please verify if the applicant is proposing that the first finished floor will be elevated above a category 3 storm surge and not category 5 as this policy requires.

5. Please provide a copy of the most current Hurricane Plan that was submitted to Lee County Division of Public Safety.

6. Page 6. Policy 110.1.3. The statement directs staff to “see below.” Please explain.

7. Map 1. Please provide a map legend. 8. Map 3. Please provide a map legend.

2. Lee Plan Consistency a. Future Land Use Element (FLUE) Policy 5.1.2. Public comment at

the February 3, 2016 meeting indicated that the Kersey Smoot RPD and Pelican Landing CPD/RPD RPD Area E was historically entitled with lower density and private recreational development. Staff acknowledges that the DRI development order lists conditions relative to Hurricane Preparedness as outlined in the 1994 DRI development order. However, this request would expose far more residents to hurricane hazards north of Coconut Road than what was originally contemplated when the companion DRI and rezonings were first approved (Pelican Landing CPD/RPD in 1994; Kersey Smoot RPD in 1998).

b. FLUE Policy 5.1.7. Please explain what community facilities will be available to all dwelling units and if it will be easily accessible via pedestrian and bicycle pathways.

c. FLUE Policy 5.1.10(c). Density across more than one future land use classification. This policy was adopted by Lee County in 1990 and amended in 1992, which specified language regarding that the land be under single ownership at the time this policy was adopted and is contiguous. The Kersey Smoot property was acquired in 1998, which is after this policy was adopted. Please explain how this request to shift density from the Pelican Landing CPD/RPD is consistent with this policy.

Wayne Arnold Pelican Landing CPD/RPD Amendment PD15-23946-BOS July 11, 2015 Page 4

d. FLUE Objective 19.7. Please submit the public information meeting summary report in accordance with Lee Plan FLUE Policy 19.7.3 and LDC 33-54.

3. Lee County LDC a. LDC 34-935(f)(1)e. Staff understands that the applicant is

proposing to amend deviation 12, which is for this LDC section. Please demonstrate how the request to redevelop an existing golf course increases common open space for the purpose of preserving environmentally sensitive land, securing areas of native vegetation and wildlife habitat, or preserving historical, archaeological or scenic views.

b. The applicant is requesting to amend Z-94-14, deviation 12 to add area F1 and the ability for up to 4 more towers north of Coconut Road. Please provide a deviation request and justification. Please also provide the staff report and back up relative to the original request in 1994 from Lee County case 94-04-05-DRI-01.

c. LDC 34-373(a)(6). Please provide the master concept plan detail consistent with this section. The applicant may request a waiver if they wish to use Z-94-14 Condition 1 relative to the final plan approval process.

d. LDC 34-378(b). Staff acknowledges that the applicant is requesting to use existing dwelling units that were approved in Z-94-14; however, this request entails new residential dwellings units on property that was developed and has current zoning entitlements as a golf course. Therefore, these residential units from Z-94-14 are not vested as to density or intensity.

e. LDC 34-380(d). Please explain the maximum number of units redistributed and anticipated for this area. If it exceeds 500 units, a new and separate major planned development is required.

f. LDC 10-256. A sidewalk is identified on the north side of Coconut Road on the Lee Plan Map 3D-1 Bikeways/Walkways Facilities Plan-Planned Facilities. Sidewalk improvements may be required since the development is within ¼ mile of a county maintained collector roadway.

4. Kersey Smoot RPD a. Z-07-031. Staff acknowledges that the Kersey Smoot RPD was

approved with 362 units. Please provide the number of units built in Kersey Smoot to date. Please explain if the applicant is proposing to retain all 362 units within this planned development. If so, please demonstrate consistency with the Lee Plan for this reduced area.

b. Z-98-066, explain how this request affects condition k and m. c. Z-98-066, condition v and w. See the DRI comment relative to

transportation below. 5. Pelican Landing CPD/RPD

a. Z-94-14, Condition 15 and 16. See the DRI comment relative to transportation below.

Wayne Arnold Pelican Landing CPD/RPD Amendment PD15-23946-BOS July 11, 2015 Page 5

b. Z-94-14, Condition 19. Please provide the unit breakdown by development and Lee County Future Land Use Classification to demonstrate consistency. Staff acknowledges in 2002, the City of Bonita Springs portions of the Pelican Landing CPD/RPD (prior to the 2014 annexations) were assigned the Moderate Density Mixed Use Planned Development classification; however, each final plan approval and/or local development order should have provided the unit breakdown consistent with this condition.

c. Z-94-14, Condition 20. Please verify the current golf acreage that exists in this RPD/CPD and what will remain if this amendment is approved.

6. Development of Regional Impact (DRI) a. Please provide the most recent DRI Monitoring Report (include all

exhibits, specifically Exhibit G) for both the City of Bonita Springs and Lee County portions of the DRI.

b. Lee County DRI, Condition H4d. Based on the public comment from 2/3/2016, the county stated in an electronic correspondence that a higher factor should be used when applying it for peak season analysis for the biennial traffic monitoring report. Please address this concern accordingly.

c. Hurricane Preparedness. City of Bonita Springs ZO-12-02, Condition C10 acknowledged that Conditions C1 through C3 addressed the hurricane mitigation for the initial 4050 dwelling units. There is no companion condition in Lee County Resolution No. 13-08-06. Therefore, additional shelter and evacuation mitigation may be required, specifically in accordance with LDC 2.

7. Miscellaneous. a. Please find attached comments from the Village of Estero and

Estero Fire. Please provide responses to those agency comments.

b. The City of Bonita Springs has retained David Theriaque for outside counsel for this project. Staff intends to ask Mr. Theriaque questions pertaining to this application, which may trigger additional comments relative to this zoning case and the companion DRI case, outside of this sufficiency review.

c. Miscellaneous. Please provide staff’s questions with the response to sufficiency document. Please provide one hard copy original and then one PDF copy of the sufficiency response submittal (disc or flash drive).

Please contact Jacqueline Genson, AICP, Planning and Zoning Manager Phone: 239.444.6163 E-mail: Jacqueline.genson@cityofbonitaspringscd.org

Wayne Arnold Pelican Landing CPD/RPD Amendment PD15-23946-BOS July 11, 2015 Page 6

BONITA SPRINGS Transportation Review 1. The resubmittal did not provide a revised Traffic Impact Statement (TIS) in

accordance with the Lee Plan and Lee County LDC. 2. The TIS methodology was submitted for input and review under separate

cover on June 24, 2016. Please see comments below: a. For proposed internal capture, please identify the sites, land uses,

locations and proposed capture rate. Please be advised that any proposed internal capture trip exchange between complimentary uses within the Pelican Landing DRI that must use or cross an external roadway, including Coconut Road, will be considered an external trip for this study. All internal capture trips must stay on private property for the entirety of the trip.

b. Under Section 2) Roadway Analysis: Recommend dividing Coconut Road, between Spring Creek Rd. and US 41, into smaller segments, at North Commons Drive and at Walden Center Drive, if it is proposed that traffic will use North Commons Drive and Walden Center Drive as alternate routes to avoid using the US 41/Coconut Rd. intersection.

c. Extend segment on Pelican Colony Blvd. to N. Commons Drive. See Comment # 2.

d. Under Sections 2) and 3), Traffic Data Sources: If 2016 peak season traffic counts are not available, use 2015 peak season traffic counts and adjust for growth, or use 2016 non-peak season and adjust to peak season. If neither 2015 nor 2016 counts are available, collect new counts.

e. Under Section 3) Intersection Analysis: Intersection at Pelican Colony Blvd. and N. Commons Drive. See Comment # 2.

f. Under Section 4) Scenarios: Use only 2016 volumes for Existing Conditions analyses. For 2015 counts, adjust volumes to account for growth. This will provide consistency and help avoid misunderstandings.

g. Please clarify what is meant by: “Arterial analysis/LOS based on Synchro/SimTraffic may be performed”.

3. Staff acknowledges that a TIS analysis will be submitted for staff and interagency review at a later date.

Please contact Tom Ross, Transportation Reviewer Phone: (407) 650-2178

E-mail: tom.ross@ch2m.com BONITA SPRINGS Environmental

1. There is one wetland area shown in the southern portion of the parcel on the Future Land Use Map. After a site visit with Tim Durham of Passarella & Associates on January 26, 2016 we determined that this area (which were flooded at the time), is outside of the requested development footprint and would not be impacted.

2. Since there were several wetland, conservation and setback lines on the west side of the golf course, it was agreed that the vegetation line immediately

Wayne Arnold Pelican Landing CPD/RPD Amendment PD15-23946-BOS July 11, 2015 Page 7

west of the golf course would be considered the development line as this line is 50’ or greater to the east of the wetland line for the purposes of evaluating this request.

3. Lee LDC Sec.34-373. Application Requirements: (4) b. i-v Please Provide: Soils, FLUCCs Map, Habitats, Topo and Historic Flows for parcels A and B as specified below. (6) a. Please show: The location of all existing easements and conservation areas. f. Please show: The location and acreage of indigenous areas. h. Please show: the amount of open space for the subject parcel(s) i. Please show: All proposed buffers along the perimeter of the

subject property and between the individual uses. 4. Lee LDC Sec. 10-474. Management Plan: If a Management Plan does not

already exist for the subject property, please provide one per LDC 10-474 (a) (1)-(3). Please modify accordingly for any changes based on this change of use from a golf course to residential development.

Please contact Michael Kirby, CEP Phone: 239.444.6142 E-mail: mkirby@cityofbonitaspringscd.org

1

Jacqueline Genson

From: Sarah Miller

Sent: Wednesday, June 01, 2016 2:17 PM

To: Jacqueline Genson

Subject: FW: PD16-23946-BOS Pelican Landing CPD For Review

FYI…

From: Green, Phillip [mailto:green@esterofire.org]

Sent: Wednesday, June 01, 2016 1:14 PM

To: Sarah Miller <smiller@cityofbonitaspringscd.org>

Subject: RE: PD16-23946-BOS Pelican Landing CPD For Review

Sarah, Estero Fire has no o=objections to this request.

From: Sarah Miller [mailto:smiller@cityofbonitaspringscd.org]

Sent: Wednesday, June 1, 2016 1:00 PM

To: Kirkpatrick, Daniel; Tom.Ross@CH2M.com; 'dloveland@leegov.com'; rottolini@leegov.com; Danielson, Scott; Green, Phillip; gibbs@estero-fl.gov; Audrey Vance

Cc: Jacqueline Genson; Leah Fontanez

Subject: PD16-23946-BOS Pelican Landing CPD For Review

Good Afternoon To All: Please click on the link provided below to receive distribution of the above-referenced project for review. Please note, the comments

for this review are DUE: 5-15-2016.

When accessing the files through the link provided please Select the files and choose download to avoid any interference from your browser.

https://www.mediafire.com/folder/s316k6t6m3ody/PD15-23946-BOS

If you have any difficulty accessing the files through the link provided please contact the Project Coordinator for further assistance.

*Leah/Audrey: I will be providing a hard copy for you.

Thank You,

Sarah Miller

Project Coordinator

2

City of Bonita Springs

Community Development Department

239-444-6155

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