FORT MYERS BEACH

LOCAL PLANNING AGENCY MEETING

APRIL 09, 2002

Town Hall - Council Chambers

2523 Estero Boulevard

FORT MYERS BEACH, FLORIDA

I. CALL TO ORDER

The meeting of the LPA was opened by Chairman Roxie Smith on Tuesday, April 9, 2002, at 12:00 p.m..

Members present at the meeting: Anita Cereceda, Nancy Mulholland, Jane Plummer, Betty Simpson, Jessica Titus and Chairman Roxie Smith.

Excused absence from meeting: Harold Huber, Jodi Hester and Hank Zuba

Staff present at meeting: Town Manager Marsha Segal-George, Deputy Town Manager John Gucciardo, Dan Folke, Bill Spikowski and Jerry Murphy.

II. INVOCATION AND PLEDGE OF ALLEGIANCE

Invocation was made by Chairman Roxie Smith. All assembled and recited the Pledge of Allegiance.

III. PUBLIC COMMENT ON AGENDA ITEMS

Mrs. Gynne Tagg came forward to give her input regarding signs. She works at Armando’s Day Spa and the sign is very important for the business. The telephone number is on this sign and contributes to their business. Appointments are made from the sign and without the sign they will not receive as many calls. The business will not prosper as much, if they are not permitted to have the sign. She asked the LPA to help them keep their business moving forward and would like their support on this matter.

Robert Brand who is the owner of Island Variety Antique Shop came forward. He has been in business for 9 months. He expressed that the sign lady came into his store on two different occasions making a scene in front of a store full of customers. He feels that this is very unethical. He lost business and is very dissatisfied. If he cannot stay in business due to lack of signage he will take his money, sell his home and move somewhere else.

Sara Olbrich lives at 5420 Palmetto and is a property owner and full time resident. She is present today in support of the business owners. She feels the ordinance needs to address a provision for a sandwich sign. It seems to her the businesses which utilize sandwich signs have minimal frontage, and are attempting to communicate or express what they as a business can offer on a daily basis. She does not see where these business owners have adequate frontage according to the ordinance to submit and receive a sign permit for a portable sign. A sandwich sign is important to the survival of many of the businesses. She appreciates the job trying to be done and she appreciates the ordinance for the protection of the residents. If she were a business owner she would want the liberty to express her daily specials without having to pay a sign permit.

Town Manager Marsha Segal-George gave some input regarding the sign ordinance. She expressed when the Town came into being the Times Square overlay district was adopted, which was created by the County. This area extends from Lynn Hall Park to Pearl Street. In this District it specifically allows sandwich signs. This ordinance has been in place for six and one half years. When the LPA and Town Council worked on the sign ordinance, and in the sign ordinance which was adopted the sandwich signs were banned outside of the overlay district. The sign ordinance also bans off-site signs. You cannot put a sign on someone else’s property whether they give permission or not. She went on to discuss the situation with Publix and Mid-Island Marina. These were done through a Commercial Planned Development (CPD) and they specifically asked for a deviation from the sign ordinance to allow for an off-site sign in the front of the shopping center. The enforcement is complaint driven. She expressed that this has come before the LPA for consideration of a change or leave it the same. Some people have tried to put sandwich signs in right-of-way’s. This cannot be done and no law can be made or changed to allow this. Should sandwich signs be allowed anywhere on the island? or just in the overlay district? These are the questions.

She went on to discuss the situation at Seagrape Plaza. They were told to come in to get a deviation or request a variance on the off-site sign issue, if they wanted to make application and ask the LPA and Town Council. She expressed that Ginny Ross has done an exceptional job for the County under some very difficult situations. She is unaware of any episode where Ginny has acted less than appropriate and professional.

Ellie Sullivan-Guild came forward and indicated that they were never told by Carl or by Ginny about anything that could be done to obtain off-site signs. Her only means of advertising her location is by a sign. Many small businesses along the non-overlay district are not obvious to the walkers and drivers. Without a sign there will be no walk-in business in these areas. Since her sign has been down her walk-in business is non-existent. While driving in the overlay district the majority of businesses are Boulevard front or are in a walking only area. These businesses are highly visible to both walkers and vehicles, even without signs. She asked the LPA to please re-evaluate the ordinance concerning this issue. She needs a sign. Businesses involved would gladly give input, so they can all have signs to allow them to have a good summer season when they really need to be seen. She would be willing to sit on a committee to assist any way possible to resolve this problem. A sense of urgency exists with summer season approaching. She hopes for a fair solution as soon as possible.

Mari Gutierrez is involved with the Shamrock Irish Pub. She expressed that she felt it was unfair they stopped the overlay district 100 feet short of their business. The business has been the same for 20 years. She explained that now this effects her sandwich sign. She feels that they overlay district should be extend to include the Shamrock, The Reef and some of the other businesses which offer entertainment. They need their signs to let people know what they have to offer daily.

Robert Gutierrez who is the husband of Mari came forward. He explained that this meeting was held three years ago and now they are back. People did not want to discuss this three years ago. Their signs have been out for three years. He agrees with his wife regarding the overlay district. A traffic problem exists and all of the traffic is being pushed to the corner. He feels if the signs are more evenly distributed over the island it may relieve some of the traffic and give the rest a fair shake. Take them down everywhere or allow everyone to have them. The small businesses need all the help they can get and please support them.

John Mertzlufft owner of Island Dessert, St. Louis Pizza and now the manager of Seagrape Plaza came forward. His business has dropped 15% since he has had to remove his sign. He explained that he sees many eyesores while driving down the Boulevard, but the sandwich signs seem to be seen as the real eyesore. He does not understand why all the attention is on a little sandwich board when there are many more problems on this beach that would need to be addressed. He hopes that the LPA will consider changing the rules for the little sandwich signs.

Ollie Curran owns the Hair etc., Salon by Ollie. She explained that Ginny Ross did come to her salon to help with the legalities of a sign. She expressed that her large sign is unseen and more people look toward the sandwich sign. They were very happy to have this sign. She expressed thanks for having them present today. She would like the whole island to be fair and have some type of signage.

Joerg Wiebe from Seafarer’s came forward. He is not leaving the island and he hates sandwich signs. He feels that this is the only way to promote business. The sign ordinance is not working the way it should. Tetley’s lives off of two little sandwich signs. The big sign does not work at all. He would like to look at the entire sign ordinance and change it if they do not want to have sandwich signs. They must be able to promote themselves and conduct proper business.

Angela Parker is present on behalf of the Fort Myers Beach Chamber of Commerce. Many business owners have called and written letters of concern in regards to the sandwich signs. This was addressed at the last board meeting. They understand a sign ordinance must be in place. In support of the small businesses it is a difficult issue they are facing to not be able to have the sandwich signs outside of the overlay district. The Chambers position is if sandwich signs will be allowed in the overlay district they should be allowed all over the island. It is very expensive for the small business owner to go out and file for the sign variance.

Fran Myers expressed that she has worked with Ginny for 20+ years. Ginny is very fair. She and Ginny have stood outside of Gulfview multiple times to try and decide how signs could be placed at this location. There is really no space to put a sign at the Gulfview shops. All her tenants are complaining that she has not found a way for signage. She is open to suggestions.

Heather Haywood is the owner of the Heavenly Biscuit. She does have an off-site sign. She was unaware they were illegal when she put it up. She is very thankful for the Town turning their head when she fist opened and through this season. When she brought her sign in for two days her sales were off 50%. She put her sign back out on the third day and sales were up to where they normally were. The signs are important in the overlay district and are essential outside of the overlay district. She feels Fort Myers Beach deserves more than a high turnover of business people. They need a strong sense of community. She asks for the LPA to please look at the sign ordinance.

Dick Tafel who lives at 8065 Lagoon Road came forward. He has been a property owner for the last 12 years. He is the Minister of The New Church of Southwest Florida in Seagrape Plaza. He thanked Town Manager Segal-George and the LPA for setting this meeting. A problem exists. For the last 2+ years the Thrift Shop has put out a sign in the morning. He was unaware a sign ordinance existed regarding this. The loss of people coming in to the stores in very true. The sign brings people in. The signs are the lifeblood of the economy. He would volunteer his time to work with the LPA on a committee to come up with a plan to be presented to Council to re-do the sign ordinance.

IV. DISCUSSION OF CURRENT PROBLEMS WITH SANDWICH SHOPS AND OFF-SITE SIGNS

Chairman Roxie Smith explained the hours, weeks and months that were spent on the sign ordinance. She expressed that they did everything short of knocking on doors to get people to come in and give the input that was received today. Nobody was interested. Perhaps if this type of input was given they would not have made the decisions which were made. It is too bad the LPA did not get the information they were asking for. Many of the LPA members are small businesses owners and do understand that signage and advertisement is needed. She feels that they need to address portions of the sign ordinance.

Jessica Titus explained that she is a business owner and knows how much the sandwich signs help. She feels that it is unfair to have sandwich signs in the overlay and not in other areas also. She expressed that she was embarrassed that she did not attend any of the meetings addressing this issue in the past. She and all the others who are now concerned should have been present. She would like to see a uniform nice sign.

Anita Cereceda expressed that her business has been good, but she knows for the majority this is not the case. She is very sympathetic. She wants to see in the future of this island the small businesses thriving. She recommends to the LPA that they assemble a Task Force that she volunteers to Chair. Another recommendation would be for the businesses owners to call her and she will bring forward to her group in Times Square the assistance in receiving equal treatment of sandwich signs.

Chairman Roxie Smith suggested a workshop. Town Manager Segal-George expressed that a change to the ordinance can be made. Time is critical. A draft can be created to be brought back to the LPA while the hearings are being held. Some questions which need to be answered are who should be allowed to have the signs, what will they look like, must they be removed every night and the off-site issue. She feels the sandwich signs can be cured much easier than the off-site sign issue.

Betty Simpson has a great deal of compassion for the small business owner. This is the very lifeblood of the island. She suggested some sort of beach theme for the sign, so that they are all consistent, but will pull the entire island together.

Jane Plummer sympathizes with the small business owners also. She also sympathizes with the off-site signs, because she did have an off-site sign for her business. Her business would not have survived without this sign. She knows how this can effect a business. She questioned if there were stipulations regarding the type of sign to be used in the overlay? Town Manager Segal-George replied that the LPA could go with the same requirements that are required in the overlay. She did explain that the overlay does not require professionally completed signs.

Jane Plummer suggested having the business owners come in for a permit to obtain a sandwich sign. The specifications could be those presently in the ordinance for the overlay district to include that the signs be professionally completed with a possible color to make them uniform. It can be reviewed after one year to see how it is going.

Anita Cereceda suggested giving immediate relief to the business owners to a date specific. During this time the business owners can get together to make decisions regarding the ordinance and the new requirements. She feels that this can be remedied to the liking of the Town and the LPA. She suggested having the off-site sign people come to the Town Manager to obtain this temporary relief until a change can be made at a later date. She feels amending the sign ordinance is a mistake.

Chairman Roxie Smith would like to see Town Manager Segal-George working on a re-draft. She would like to see the LPA ask Town Manager Segal-George to go before the Council and ask for relief from enforcement of these signs (sandwich signs) until the LPA comes up with an amended version.

Ginny Ross, Sign Specialist for Fort Myers Beach, came forward. She feels that they must have some kind of control over the A-frame signs. She needs direct guidelines in order to enforce.

Town Manager Segal-George replied that they will go to the definition of the present sandwich sign already in the ordinance.

Jane Plummer suggested as a solution to the off-site signs the same possible situation with a permission slip from the owners that have agreed to allow them to put the signs on their property. This will allow Seagrape Plaza and Heavenly Biscuit to continue business.

Town Manager Segal-George will make this recommendation to the Council on Monday. She reviewed that she will ask the Council for relief from enforcement until amendments can be prepared in regards to the sign ordinance that would allow sandwich signs per the definition in the code by permit with no fee. This will allow off-site signs by permit with no fee, but with permission from the owners whose property the sign would be placed on.

Joerg Wiebe questioned what was going to happen between now and the Council meeting on April 15, 2002? Town Manager Segal-George replied that she must enforce the ordinance until she is directed from the Council not to do so.

It was decided among the LPA that this matter should be left alone until the Council meeting on 4/15. Several will be present at this meeting to express their concerns.

V. APPROVAL OF MINUTES FROM MARCH 12, 2002 AND MARCH 19, 2002

MOTION: Made by Betty Simpson and seconded by Jane Plummer to approve the minutes of March 12, 2002 with corrections. Motion passes unanimously.

Corrections to changes to minutes of 3/12/02:

1. Betty Simpson - page 3 - strike “It was decided to have four bedrooms for each family” and replace with “ It was decided to have four bedrooms, one for each family.”

2. Betty Simpson - page 4 - Harry Gottlieb comments - strike an and replace with and.

3. Betty Simpson - page 6 - Motion - strike code and replace with could.

MOTION: Made by Betty Simpson and seconded by Nancy Mulholland to approve the minutes of March 19, 2002 with corrections.

Corrections and changes to minutes of 3/19/02:

1. Page 2 - bottom of page - strike know one and replace with no one.

2. Page 4 - Strike Betty Smith and replace with Betty Simpson.

VI. VAR2002-00003 SMOKIN’ OYSTER BREWERY. A variance from LDC Section 34-1174 (d)(3) a. requiring a minimum ten (10) feet rear property line setback to allow a minimum rear property line setback of zero feet. The subject property is located at 340 Old San Carlos Boulevard.

Bill Freeman from Smokin’ Oyster Brewery came forward. He indicated that he is requesting this variance because he has to. He was given a notice of violation regarding a storage trailer they have on the rear of their property. He hoped to replace this at a later date. It is presently being used for storage and office space. To lose the trailer without a replacement would be a tremendous burden on his business. He feels that it would enhance the property and make it more visually attractive to remove the trailer and enclose and extending the existing screen room. This would allow him to bring in the dumpster and grease receptacle. He feels that this would benefit both himself and the Town. He explained that the second story to be built on the extension would obscure the view of the venting system from the bridge. It will also serve as additional storage and office space.

Jane Plummer questioned if the addition would include any public space? Bill Freeman replied that this would just be for storage and office space. No additional seating will be added.

Jerry Murphy from staff came forward to make his presentation. He directed the LPA to their copy of the survey for clarification of the proposed addition. He explained that there is a pending code violation case for the trailer. The trailer is not a permitted use in the district. Mr. Freeman is trying to elevate this violation. He needs this trailer to store his dry goods and uses it as a very small office. He is seeking to remove the trailer and provide something else to take care of this use. This will also require a variance from the rear setback. The property as it is configured with the existing building does not meet the setback requirements. The variance is required to further enclose the patio or go up to provide for additional storage. He explained that this will increase the non-conformity of this property with where the regulations and plans for the overlay are directing them. This intersection is seen as a focal point between Times Square and the Bay.

Jerry went on to explain that there are two options the staff report presents. One is the ability to put an extension on to the existing building toward the rear. This would involve enclosing the porch and also building onto the existing building where the trailer is presently. The other option would be to allow a new accessory structure to be built in the general area where the trailer is now. It would not increase the foot print of the building, but would allow for additional space in a separate building.

Chairman Roxie Smith asked where the trailer came from? Bill Freeman stated that it was present when he purchased the property two years ago. The trailer has been on the property for over five years. He had planned on replacing the trailer within an approximate two year period. He is forced to act more quickly now that these violations have been put into place.

Jane Plummer commented that she would rather see this attached to the existing building. Accessory structures tend to become different businesses.

MOTION: Made by Jane Plummer and seconded by Anita Cereceda to allow the Smokin’ Oyster Brewery to have a rear setback reduced from 30 feet to zero feet for his addition to the existing building. Motion amended: To include the conditions as outlined in staff report. Change condition 1 to read 120 days. Change condition 5 and add the language “ it may not be utilized for additional service seating”. Motion withdrawn by Jane Plummer and Anita Cereceda.

Discussion: Jessica Titus questioned Bill Freeman about his concerns regarding the conditions.

Bill Freeman indicated that the existing storage trailer will be removed within 60 days of final approval of the variance. He questioned condition 1 & 3 regarding the construction of the existing building beginning in 120 days. He feels a time frame is needed, but he needs the trailer as long as possible until construction is underway. It would be difficult to start construction within 60 days.

Jerry Murphy replied that the time periods are arbitrary. They were put in to have some kind of control. Staff would like direction from the LPA on the time frame.

Chairman Roxie Smith is not happy with this situation and feels that extending what is already a violation is not the right thing to do.

Anita Cereceda feels a special situation exists. She suggested making the arbitrary numbers the length of construction for the San Carlos Project.

Town Manager Segal-George pointed out that this is presently a code violation. They cannot make all violations an extension of the San Carlos Project. The violations must be satisfied in some type of reasonable time frame.

Jane Plummer suggested changing the dates for the trailer removal and construction start time to be the same at 120 days.

Jerry Murphy expressed during the LPA’s discussion it became apparent to staff that they have missed an issue. They suggested an amendment to condition 5 to include that it may not be utilized for additional service seating.

MOTION: Made by Jane Plummer and seconded by Anita Cereceda that the Smokin’ Oyster Brewery be relieved of the 30 foot setback from the back property line to a zero setback for his addition to the existing building. Include all conditions with the following changes: Condition 1 - should be changed to 120 days instead of 60 days. Condition 5 to include “that the addition not be used as additional seating space for the restaurant. Motion passes 5 to 1. Chairman Roxie Smith dissenting.

Town Manager Segal-George announced that this case will go before the Council on May, 13, 2002 at 9:00 a.m..

VII. LPA MEMBER ITEMS

Jessica Titus - Questioned the under grounding of utilities on the whole island? Town Manager Segal-George replied just on Old San Carlos and not the entire island.

Jessica questioned if it was stated that all barrier islands had to have under ground utilities? Town Manager Segal-George replied that the Streetscape contemplates under grounding utilities, but they have not figured out a way to pay for it.

Betty Simpson - Asked for the outcome of yesterdays Town Council meeting? Town Manager Segal-George replied that Mead and Drebes passed.

Anita Cereceda - Feels the LPA should relay to the Council why they voted the way they voted. Having been on the Council the only time she received input from the LPA was when she called the LPA members directly. She thinks that it is important and should be contemplated.

Chairman Roxie Smith replied that this group took a vote not long ago that they would not lobby their own decisions.

VIII. PUBLIC COMMENT

Joerg Wiebe came forward. He feels that the LPA should lobby their decisions. The LPA members are the educated ones. He feels the LPA needs to be in front of Council, especially for controversial issues.

More discussion was held among the LPA members regarding the input of decisions made by the LPA.

Jessica Titus asked if the Chairman can lobby their position at the Council meetings? Chairman Roxie Smith replied the Chairman can represent what the decision is. This has happened in the past.

Anita Cereceda expressed her point of the LPA members addressing the view points. She feels that it is far more powerful to have the nine people who voted stand up and state their concern and explain vote.

Chairman Roxie Smith and other LPA members replied that this can be done as individuals.

Anita Cereceda feels that this should occur.

IX. ADJOURN

The meeting was adjourned at 2:15 p.m..

Respectfully Submitted,

Shannon Miller

Transcribing Secretary