Bonita Springs City Council voted to approve zoning deviations for a planned waterfront restaurant and two small retail buildings after a contested public hearing and detailed staff discussion. The motion passed by roll call with all council members voting in favor.

The project proponent and an applicant attorney told council the property has been the site of multiple abandoned proposals and that the family behind the project plans to invest a further $20 million to build a first-class waterfront restaurant and two small retail buildings. An applicant representative said the development would create “over a 150 jobs,” generate “over $1,000,000 in state and local sales tax collected,” and add “hundreds of thousands of dollars in property taxes” annually. The representative also said the plan provides 166 on-site parking spaces, of which about 105 would be allocated to the restaurant, and asked council to approve requested deviations rather than require additional studies or restrictions that the applicant said would make the project unaffordable.

Why it matters: The council’s decision clears the project to proceed to the next step — the local development order (LDO) and permitting phase — while imposing conditions intended to address resident concerns about noise, lighting, mooring and views. Staff and council emphasized that the zoning deviations do not substitute for required LDO, environmental, county or state approvals that the applicant must still obtain.

Key facts and council action
• The council approved deviations to the zoning ordinance requested by the applicant, with conditions described at the hearing. A roll call vote recorded unanimous support from the council.
• Parking: The applicant proposes 166 on-site spaces, with roughly 105 spaces tied to the restaurant use (the applicant at one point described 105 as the restaurant-associated count). Staff described a two-year test period in the draft language; staff recommended keeping existing language that would allow the project to propose a valet plan, request a parking reduction at the development order stage, or reduce the square footage used by the restaurant if a valet is not provided. The council’s approval retained the staff approach that these operational details be reviewed at LDO.
• Drive-through and fast-food parking math: Staff told council that, as proposed, the drive-through portion would require 26 spaces and an additional 1,000-square-foot fast-food building would require 13 spaces under the city’s current calculation method.
• Live outdoor music and outdoor consumption: Council adopted a condition requiring a sound study at time of development order before live outdoor music would be permitted. The council limited the hours of outdoor music to end at 9:00 p.m. and agreed that a review would occur after one year or upon three valid noise ordinance violations. Council clarified that the conditional review language would apply to music (sound) rather than to ordinary table conversation.
• Docks and wet slips: The applicant agreed to relocate wet slips toward the westernmost portion of the project (as requested in testimony). Council confirmed the existing dock would remain as a raised walkway and that signage and removal of mooring hardware (no cleats) would be required; no docking facility for mooring will be provided under the approved conditions.
• Mangrove trimming and viewsheds: The council permitted limited mangrove trimming for views from the restaurant’s open-bay dining area while preserving mangrove along the canal and other specified areas to shield headlights and protect neighbors. The motion incorporated a map-based delineation discussed in the hearing.

What remains: The decision approved deviations from the zoning ordinance to allow the project to advance to the development order and permitting stages. The project still requires review and permits from Lee County and state agencies (for example, for water management and any manatee-protection plan impacts), and final conditions will be examined during the LDO process. Council and staff repeatedly emphasized this hearing covered zoning deviations only; construction-level details and safety requirements will be addressed at later stages.

Quotes from speakers in the hearing
• Applicant representative (business owner): “We’ve given every concession we’ve ever asked. We even came tonight with things that you didn’t ask for. Please, just give us a chance.”
• Applicant attorney: “This is a quasi-judicial hearing, and it’s based on competent substantial evidence… We met the requirements.”
• Planning staff: “The drive through restaurant requires 26 spaces, and then their additional fast food restaurant that they’re proposing… would be 13 spaces.”

Ending: With zoning deviations approved, the project moves next to development-order review and the permitting process, where staff and regulatory agencies will review the technical studies, sound analysis and any county or state environmental permits the project requires.