FORT MYERS BEACH

LOCAL PLANNING AGENCY MEETING

JUNE 25, 2002

Town Hall - Council Chambers

2523 Estero Boulevard

FORT MYERS BEACH, FLORIDA

I. CALL TO ORDER

The meeting of the LPA was opened by Co-Chairman Betty Simpson on Tuesday, June 25, 2002, at 12:10 p.m..

Members present at the meeting: Anita Cereceda, Co-Chairman Betty Simpson, Jodi Hester, Nancy Mulholland, Jessica Titus, and Co-Chairman Roxie Smith.

Excused absence from meeting: Harold Huber, Jane Plummer and Hank Zuba

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

II. INVOCATION AND PLEDGE OF ALLEGIANCE

Invocation was made by Co-Chairman Betty Simpson. All assembled and recited the Pledge of Allegiance.

III. APPROVAL OF MINUTES - No Minutes

IV. PUBLIC COMMENT ON AGENDA ITEMS

None.

V. PUBLIC HEARING - LDC Amendment Section 14-6 (C) (4) Amending the time for commencement of mechanical beach raking activities from 8:00 AM to 9:00 AM

Town Manager Segal-George indicated that this matter was considered by the LPA and was part of the Land Development Code amendments. When being considered by the LPA the time was 9:00 a.m., but it then went before the Council and many people in the industry came and appeared and requested the time be changed to 8:00 a.m.. It was written for not only beach furniture but for raking. Turtle Time had problems with this time change and it became an issue with the mechanical beach raking occurring before 9:00 a.m.. The request was for the Council to change the ordinance just with regard to the raking. The beach furniture can be placed out at 8:00 a.m.. In order for this to be changed it must begin with the LPA with a public hearing and then proceed to the Town Council for two public hearings.

Co-Chairman Betty Simpson asked if there is any public input regarding this matter? None was heard.

MOTION: Made by Co-Chairman Roxie Smith and seconded by Jessica Titus to recommend the adoption of LDC Amendment Section 14-6 (C) (4) amending the time for commencement of mechanical beach raking activities from 8:00 a.m. to 9:00 a.m..

VOTE: Motion passes unanimously.

VI. DISCUSSION ON REVISIONS TO CHAPTER 34

Bill Spikowski, Planning Consultant for the Town, came forward. He explained that the Town Council did adopt the amendments to Chapter 34 that was before the LPA for public hearing last month. He explained that any appeals of design review decisions will be handled the same as all other appeals of administrative decisions. The design standards were adopted as seen by the LPA last month as were the drug paraphernalia rules. He will get copies of the final ordinance to all LPA members shortly.

Today is just a workshop and not a public hearing. This will deal with other sections of Chapter 34, particularly Articles I and III. Article III is the main material which is new today. Division I deals with the zoning map. The new map is dated June 17^th and the earlier version can be discarded. This map is keyed to everything in Article III. This format is different from the current zoning map. He explained the differences between the interim zoning map, official zoning map and the current zoning map. The map itself uses the new categories in Article III. He was unsure what to do with the existing properties that are zoned CPD. He explained that on the map the CPD’s were shown two different ways. Any property with a blue outline has a CPD in force today. Many areas need to be discussed to determine if the CPD’s are still needed.

Nancy Mulholland pointed out that on the map several areas are the same color as the environmentally critical, but have little dots on them. What do these mean? Bill Spikowski replied that the little dots are the wetlands and are identical to the wetland’s category on the future land use map. He pointed out the legend symbol over on the very left end of the legend.

Co-Chairman Roxie Smith pointed out the two dots by the Pink Shell, which indicate residential multifamily. She questioned if this is correct? Bill Spikowski replied that the Pink Shell CPD plan often shows these two lots as part of the Pink Shell planned development zoning. The legal descriptions turned in by the applicant did not include these. It is possible the legal description was an error and should have been included. If this is so, a hearing should take place to amend the legal. He found that this is a very common problem in the County with planned developments.

Bill moved onto what the designations on the map mean and which land uses are allowed in the districts. The method he is proposing is new and different. He passed out a handout showing the two older systems used by Lee County. He explained that the top sheet was the way Lee County did its zoning up until 1986. This is for the multifamily zoning district. The second sheet shows the system the County began using in 1986 in order to reduce the bulk of the code. A matrix was created for similar zoning districts. These are the two standard methods used in zoning ordinances across the country. Both have advantages and disadvantages. He explained that it is often difficult to find an explanation of a definition and you must know exactly where to look for your explanation. The reason Bill explained this to the LPA is because this method is very confusing and the current system does not work. This is why he is proposing a new change. He pointed out the tables being proposed and indicated that his double page will eliminate 55 pages of use groups. All of the different individual uses defined in the definition section are contained within one of the 18 boxes on these two pages. This is a way to simplify and categorize the different uses by their relative impacts on surrounding areas. He expressed that the table on page 78 may need to be adjusted. The definitions have been kept the same way in which the County uses them, but in some cases they are somewhat different. He is considering changing the definition for “Office” because he feels the wording is presently a little too broad.

Co-Chairman Roxie Smith asked where the Matanzas Pass Preserve fits into this? Bill Spikowski replied that the Preserve is shown on the map in the green color, which is defined as the community facility zoning district. The Preserve itself has its own zoning district aimed at the Preserve, but the Hidden Path goes thorough all other zoning districts and they all allow the Hidden Path.

Bill hopes that the LPA will take time during the summer break to think about how this applies to their neighborhood or other neighborhoods they would be familiar with. This is a lot of information to take in for one day.

Bill moved onto the next Section, which is Division III, and is completely new language. He explained that height and measurements are contained within this section. Presently this information is scattered through the code, but he has combined this information along with a diagram to provide more clarity. On page 80 is a new measure of intensity for floor-area-ratio. He explained this process and expressed that he has proposed maximum floor-area-ratios for every zoning district. He has obtained a list of all new homes built within the last 10 years on Fort Myers Beach. He also has a computation of the floor-area-ratio of every new home. He went out to look at the largest of the homes. He found that in some neighborhoods, especially those built up in the 1980's and 1990's the really big houses fit in well. In the older neighborhoods there was such a variety of housing types it was hard to say what is the typical home. The places where these homes looked the most out of place were the neighborhoods built in the 1970's. He did some research on the trends over the last 10 years on new homes. These homes are not getting larger. The trend is almost completely level both in the total size of the home and in the floor-area-ratios. He feels this is due to the lot size and the setbacks.

Bill expressed that the next three sections describe each individual zoning district. The first group is called conventional zoning districts. These are the standard zoning districts where you have a district and the ordinance will tell you what uses can go into this district. This is the type of zoning that is used most places around the country and is easy to administer, write and change. He is suggesting that a lot of the island stay in the conventional zoning districts. He plans to do additional work on this section. The next page describes redevelopment zoning districts. These are the unusual places where the Comprehensive Plan call for change. These districts are much more specific about how the change will take place. He mentioned the outdoor display and expressed that this language is fairly lenient. He has received a lot of negative reaction. He has tried to differentiate between outdoor sales on private property and public property. He explained that the Times Square Advisory committee stated on Friday that they did not want the outdoor display on public property and have not taken up the private property discussion at this time. Bill does not feel that outdoor dining on the sidewalk on Old San Carlos would be a negative issue.

John Richard came forward who is on the Times Square Advisory Board. He expressed that the board was trying to stop the outdoor display of merchandise and not necessarily the outdoor seating of restaurants. Restaurants and flea markets are two different items.

John Richard asked the Town Manager for her opinion on the display of outdoor merchandise? Town Manager Segal-George replied that a lot what has happened in the Square is bad, but not much has been done to try and make it good. She has had equity issues. She does not feel it is fair to allow the restaurants to lease public space for seating and not allow retail to have options also. She feels the kiosks can be done in a tasteful way and can be regulated properly. Many nice areas have walking streets that are properly regulated with outdoor displays. Criteria must be implemented.

John Richard feels that a difference exists between retail and restaurants. He is also a retailer who would rather build beautiful stores and keep the merchandise indoors. He feels enforcement will be a big factor and this can be revisited on a case by case basis.

Anita Cereceda commented that a common problem in the Square is a business owner subletting to other individuals to offset the cost of running their business. She sees this being done only during season.

Town Manager Segal-George added that if a property owner violates the criteria they will lose their rights.

Co-Chairman Roxie Smith would like to keep the restaurants and retail separate.

Town Manager Segal-George added that there was a lot of discussion about this at the last Times Square Advisory meeting. She suggested that Bill Spikowski come to a Times Square committee meeting to speak and discuss these issues and discuss a vision of the Square. This discussion can then fold into these regulations. Her opinion is that the Times Square board is not ready to make a decision on this matter and can come back with a recommendation on how they feel these regulations should proceed.

John Richard agrees with the Town Manager. He would like to see the business owner put money into their buildings instead of making it too easy to throw a cart outside to make money.

Town Manager Segal-George advised the LPA the intent is to have a workshop with the Town Council on September 10^th. No decisions need to be made today.

Jessica Titus went back to the no advertisement on bus benches. Bill Spikowski feels this should not be allowed. Town Manager Segal-George added that they will then be able to go to a more decorative bench. Bonita Beach has gone to a decorative bench and she commented that these benches are very obtrusive. It was the consensus of the LPA that they would not like to have the advertisement on the benches.

Jessica Titus brought up the issue of A-frame signs and she commented there are only 5 months left to work on this matter. Town Manager Segal-George replied that this will probably need to be extended due to time constraints.

Anita Cereceda commented that the one place the sandwich signs are allowed seems to be the one place they are not needed. Town Manager Segal-George agreed that they may not be needed. Possibly another type of sign can be used. The size and design may need to be considered.

Bill Spikowski added that pages 96-102 is missing from everyone’s packet. These are the other four redevelopment districts and he will be working on these over the next month. Beginning on page 103 is the section on the planned development zoning districts. The planned development districts will still be allowed more or less the way they are now. He will encourage the Town to not make them mandatory the way they would be today.

Some language needs to be established with regard to the transition between the old rules and new rules. Two landowners have provided him with suggested wording. The planned development section requires additional work, but his concept is to not change it any more than it needs to be changed.

Bill went on to page 107. He expressed that the commercial design standards were adopted last night. The rest of the page is new material dealing with residential design standards. He is suggesting three different sets of rules for their consideration. He believes the most important issue is the dominance of garages. He suggests if you have a double garage it should be built with two single garage doors with a post in the middle. He is also suggesting having a porch to face the street side. The third issue deals with the maximum bulk of the building. He would like the LPA to give these some thought as they drive and walk around.

VII. RESOLUTION DESIGNATING THE NEWTON PROPERTY AS HISTORICALLY SIGNIFICANT

Bill Spikowski indicated that this resolution will be submitted with the Town’s application to Florida Communities Trust for the funding to purchase the Newton Property. Points are received in the application. They ask that the site be listed on the Florida master site file, which has been completed. It should also be designated as historically significant, which is what this resolution will do if adopted. The LPA acts as the Historic Preservation Board for the Town. The property is not being designated in a formal sense. It is just stating that the Newton Property is historically significant to the Town. This does not change or put restrictions on the property. This will help in the efforts to receive the grant.

MOTION: Made by Co-Chairman Roxie Smith and seconded by Anita Cereceda to adopt the resolution designating the Newton Property as historically significant.

Discussion: Nancy Mulholland has concerns with the cost of the property, which continues to rise and also the impact of having a park in this part of the island.

Town Manager Segal-George explained that this property is a little under an acre of beachfront property with beach accesses on both sides. It is a unique property. The County has agreed to partner with the Town and put up a 50% match. The City of Fort Myers may also become involved. The cost of beachfront property has gone up on the island. She explained that the reason the appraisal was lower in the beginning was due to the appraisal being used for estate tax. The attorneys for the state believe that they have the direction and responsibility to sell the property for fair market value. Mr. Newton did not intend to give this property to the Town. An obligation exists to the heirs to get fair market value. Since the Town was unsuccessful at obtaining the property last year an appraisal was done in order to enter into a contract with them again. The price of the property went up for $1.9 million to $2.5 million. Other properties on the island have appreciated as well. A passive park with limited parking will be created. If this is not purchased by the Town about four large beachfront homes will be built. She feels this property has value.

Jodi Hester feels the same way as Nancy Mulholland. She feels very strongly that this is not needed and will create additional traffic and trouble. She feels that voting against this would be going against their own Town Council.

Anita Cereceda commented that Jodi should vote the way she feels and not worry about going against the Council.

Jessica Titus would hate to see them lose the land. She does not want to see four large homes.

Co-Chairman Roxie Smith feels for $310,000.00 she would hate to see them lose this property. She does not feel this will draw additional people to the center of the island. This should be a unique type of place for them to have on the island.

Co-Chairman Betty Simpson is also in favor of the motion. She would hate to see them lose the property when the Town’s cost in only $310,000.00.

Jodi Hester would rather see four homes than a park with cars and people unloading their ice chests.

Anita Cereceda added that the definition of their community is a living park. This is how they chose to define their community. She does not want to see Fort Myers Beach turn into Bonita Beach Road. She does not see this as a priority, but in relation to the Comprehensive Plan it is the vision of the Town.

Town Manager commented that this will create a stop for the kayak’s, which presently there is no place on the gulf side for the Blue Ways Trail. Jodi Hester replied that this comment changed her view and she would like this to be kept in mind while developing the park.

VOTE: Motion passes unanimously.

VIII. LPA MEMBER ITEMS

Nancy Mulholland - She is very happy that the Council passes the amendments to the Harbor Plan.

Anita Cereceda - Made a request to Dan Folke with regard to the memo the LPA received regarding the Times Square committee. She feels more information needs to be provided. The minutes should be included or a longer memo summarizing the facts would be helpful in the future.

Jessica Titus - Wished everyone a great summer.

Dan Folke - Prepared a memo for the Town Council on the LPA’s motion made at the last meeting with regard to the Pink Shell Cottages. He had spoken with the Tom Doyle with Flint and Doyle who have the contract with Pink Shell to remove the cottages offsite. Tom explained that there are 31 cottages and about 26 are being moved off island. The Town would need to go out and identify the cottages they would like and enter into some type of agreement with Flint and Doyle to hold them until a location could be secured. When a location is secured and the cottages are moved back is when the fee will have to be paid. The Council did approve this and were interested in one or two cottages. He will have Gloria Sajgo go out to identify the homes with historical significance. At this point, they will be able to enter into an agreement with Flint and Doyle.

Nancy Mulholland mentioned the School Street location. Dan Folke brought this issue of School Street up to the Council. No action was taken on this matter. More action can be taken at the visioning session in the Fall.

Co-Chairman Betty Simpson - Commented on the Leadership Program. 4 of the 5 sessions have been completed. She feels this program was very well received. She encourages CRAB to continue their thought process. Julia did a wonderful job putting this together.

IX. PUBLIC COMMENT

None.

X. ADJOURN

The meeting was adjourned at 2:20 p.m..

Respectfully Submitted,

Shannon Miller

Transcribing Secretary