FORT MYERS BEACH
LOCAL PLANNING AGENCY MEETING
SEPTEMBER 17, 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 Betty Simpson on Tuesday, August 27, 2002, at 12:05 p.m..
Members present at the meeting: Anita Cereceda, Betty Simpson, Jodi Hester, Harold Huber, Jane Plummer, Nancy Mulholland, Jessica Titus and Hank Zuba.
Excused absence from meeting: Roxie Smith
Staff present at meeting: Town Manager Marsha Segal-George, Dan Folke, Jerry Murphy and Kirk Crane.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation was made by Chairman Betty Simpson. All assembled and recited the Pledge of Allegiance.
III. APPROVAL OF MINUTES OF AUGUST 27, 2002
MOTION: Made by Anita Cereceda and seconded by Jodi Hester to approve the minutes from August 27, 2002 with corrections.
Corrections and changes to minutes:
1. Chairman Simpson - Page 1 - Approval of minutes from June 25, 2002. Add the following:
VOTE: Motion passes unanimously.
VOTE: Motion passes unanimously.
IV. PUBLIC COMMENT ON AGENDA ITEMS
None.
V. PUBLIC HEARINGS
1. PUBLIC HEARING: Jeanne Sanders Addition. Case Number VAR2002-00014. A request for 2 variances in the Multiple-Family Residential (RM-2) District for additions to an exiting single- family residence. The 1st variance is from a 20-foot street setback to allow a 4-foot street setback. The second variance if from a 20-foot rear yard setback to allow a 6-foot rear yard (west) setback. The property is located at 5266 Estero Blvd.
Steven (Steve) Roberts came forward. He explained that this home was built prior to zoning laws coming into effect. He expressed that the owners had tried to apply at one time to save the deck and complete a major remodel. This request was rejected. The request before the LPA today is a way to use some modified setbacks to get additional use out of the lot. The lot is restricted all around by various components of real estate.
Harold Huber asked if the home would be removed with a new home put up to take its place? Steve Roberts replied that this is correct and is being requested by the owner. The homeowner would like to use the recommended setbacks by the County.
Harold Huber would like to see the proposed home or questioned where it would be set on the lot? Steve Roberts pointed out a drawing before the LPA where the home would be placed. The design of the home has not been decided on at this time. The building codes would make this determination.
Jane Plummer asked for the connection of Steve Roberts to the property? Steve Roberts replied that he is just representing Ms. Sanders.
Anita Cereceda commented that she used to live in the area and has known several people who have lived there. She is very familiar with the home. She asked where the beach is? Steve Roberts pointed this out for her.
Steve Roberts added that if a new home is built the old home, which does not conform to current standards would be taken down. The old deck protrudes way beyond the setback line from 1978 and would also be taken down.
Harold Huber commented that he would have liked to have seen how the proposed home would sit on the lot. Steve Roberts replied that he has worked on many of the homes in the area. The new home would be along the same line as the present homes, which are all in current compliance.
Kirk Crane, Planner from the County’s Community Development Department Zoning Division, came forward. He provided some background on the case. The existing home would be removed, and a new home would be constructed. He expressed that this home sits in the Gulf Heights Subdivision from back in the 1925's. This would make this lot a 45 foot wide by 140 feet deep lot as platted back then. 1.7 feet back in the 1970's was sold to the adjoining property. The lot is presently 43.3 feet. This information was found on the deed for the adjoining property to the southwest in 1974. This property is zoned RM-2 and is in the mixed residential future land use. This lot is basically non-conforming.
He reviewed the survey of the property with the LPA. He explained the reason why this was originally called an addition. The owner wanted to keep the deck, which is seaward of the coastal construction line. The deck was going to remain and the home would be rebuilt. The applicant was told a variance would be needed to keep the deck and staff recommended the applicant not try to apply for the variance. The applicant had decided to then keep everything landward of the coastal construction control line. The applicant is requesting a reduction in setbacks. A very narrow lot exists. Staff is recommending that the setbacks be consistent with the manner in which the home will be physically placed on the property. The front of the home shall face the gulf and the rear will face Estero. Staff believes the proper setback for the street is 7 feet and 7 feet for the rear setback is appropriate and should be consistent with most of the homes located in the neighborhood. The rear of the home should be a minium of 20 feet.
Kirk Crane indicated that he had spoken to Mr. Robert’s prior to the beginning of this meeting. This is not exactly what has been requested, but he does not feel Mr. Robert’s has any major concerns with regard to the setbacks as recommended by staff. Staff is going to recommend approval and feels that it meets the necessary criteria. This home would be consistent with the other homes in the neighborhood. Three conditions to approval do exist.
Jane Plummer questioned the adjoining properties and where they sit with regard to the coastal construction line? Kirk Crane replied that the homes are placed behind the coastal construction line. He pointed out how the existing home with the deck is clearly further out as compared to the other newer homes.
Town Manager Segal-George added that she must relay some information to the LPA as their attorney. She and Dan Folke have been reviewing the code. She believes the variances on both sides can be completed. The rear, which is really the side, she does not believe the requirement of a 20-foot setback can be done. She does not believe that more than 7 feet can be allowed. This is the way the law is read. The applicant is entitled to certain setbacks because of zoning. The LPA by variance can make the change, but she does not believe these can be made larger.
Harold Huber questioned how many people are using the driveway? Kirk Crane replied that the only people who would probably be using this driveway would be for access to the beach only.
Harold Huber asked for clarification from Kirk Crane that the applicant would be willing to change the 4 foot and 6 foot setbacks to 7 foot. Kirk Crane replied that he received the indication prior to this meeting this change would be acceptable.
Hank Zuba asked for a response to the 20-foot issue? Kirk Crane replied that because there are conditions of approval on a variance, staff felt that the setback could be increased and would be appropriate. The LPA has heard from legal counsel and he would not question her judgement.
Town Manager Segal-George added the code is very clear. She does not believe by variance you can take away.
Hank Zuba had concerns with the setbacks and the precedence they may set. Kirk Crane replied that staff feels these make a lot of sense and would be a good way to establish additional lots in the future.
Chairman Betty Simpson asked for public comment at this time.
Darlene Brooks came forward. She and her husband Thomas own an adjoining property to the rear of the property. She feels anyone who has an address of Estero Blvd. or lives on Estero blvd. should have their front of the house face Estero blvd.. The 7 feet on the side yard would be putting them 7 feet from her backyard, property line and playground. It is confusing to her at this point. She is not opposed to the applicant building and is looking forward to better homes in the area. She is opposed to the applicant having their building 7 feet from her property line. The applicant will build on 70% of their land. She does not feel this is considered residential. She expressed that they do have concerns with the overall runoff. A property with 70% of buildable space produces more runoff. Her suggestion is to have the setback from the front 20 feet. It is not her intent to harm the Sanders, because they are great people. She commented that the driveway is used by the Sanders.
Chairman Simpson closed the public comment.
Steve Roberts indicated that the applicant would like to negotiate the distance between the rear lot line and the back of the house as defined by the neighbors. He pointed to this for all present to see. This would be the distance of the setback on the northeast. The applicant is open to negotiations.
Hank Zuba clarified that the approval of the variances would still require coming back for a building permit and showing a site plan? Town Manager Segal-George replied that this is correct.
Anita Cereceda added that she lived on this site for 9 years. When the two larger homes were constructed on a mound, it flooded the entire area. Dr. Mitchell’s house also had an impact. This is a unique cluster of homes.
Kirk Crane directed the LPA to Attachment D of the staff report. He indicated that the survey does not show any utility lines at the rear of the house. A 7-foot setback is being discussed, but where the applicant will be building is yet to be determined.
Nancy Mulholland asked if there is a way to change or designate that the front of the house is really the gulf of Mexico? Town Manager Segal-George replied that this is not what the code says. These problems happen all over and there must be a systematic way of making a determination. Street access is the determining factor. She feels that legally this cannot be done.
Nancy Mulholland has a great deal of sympathy for Mrs. Brooks and the situation she is in. Town Manager Segal-George explained that everyone gets a 7-foot side setbacks.
MOTION: Made by Jodi Hester and seconded by Hank Zuba to make a recommendation to the Town Council for approval of both variances with the conditions, findings and conclusions on the September 5, 2002-report with the following change: On the conditions listed #2 - an eastside yard setback of 20 feet be removed.
VOTE: Motion passes unanimously.
Town Manager Segal-George announced that this case will go before the Town Council on October 14, 2002 at 9:00 a.m..
2. PUBLIC HEARING: Fort Myers Beach Hooters. Case Number COP2002-00084. A request for a Special Exception for on premises consumption of alcoholic beverages and outdoor seating on a deck enclosure and expansion. The property is located at 1600 Estero Blvd.
Dave McKey, Engineer with Consultect Development Services, came forward. The COP request is part of an overall package of improvements Hooters is putting together. He handed out a series of drawings to show what is being done at the site. The proposed site improvement plan has been approved by the Town and County. It has been approved with windows in place of the doors on the front deck addition, which allow them to not go through the COP request. The applicant is asking to have the bifold doors and sliding glass doors. He asked the LPA to note the number of improvements happening to this property. Hooters did join the overlay district as part of this overall project. He noted the new construction control line. There are buildings between this line and the gulf of Mexico. The old construction control line does not come into play. The new one does and currently with the DEP in Tallahassee a pending permit has been approved and is awaiting the final paperwork. He noted that the 10-foot deck does provide the handicap accessibility to the building. The front deck will contain a roof and is a solid part of the structure containing low bearing walls. An overhang will be included that will comply with the overlay district. A 10-foot sidewalk is being placed out front. Benches are shown on the approved site plan for a future Trolley stop that has been discussed with the Town staff.
Hooters currently has an open deck on the front with four tables and standing room. Currently there is no roof or walls and has been operating in this manner for almost 10 years. Hooters is proposing complete roof and structural wall system. The three sliding glass doors and four bifold doors are proposed. These doors will be opened weather permitting and will not be year round.
Dave McKey went on to state that the applicant feels this will provide a better facility and better level of control. This will help to limit noise and lighting. He commented that no noise complaints or rowdy behavior has been noted during the 10 years Hooters has been open. As part of the approval process the applicant is not requesting any changes in the hours of operation. Also, there is no change to the type of liquor license. It is still a beer and wine license only. Adequate parking is being provided at the lot next door. The same practice of playing music from tape or cd will be continued. No additional impacts should be received by the neighborhood. All the work proposed complies with the overlay district. Approval is being requested of this exception request.
Harold Huber questioned if the lot next door for parking has been purchased or leased? Dave McKey replied that it has been purchased.
Harold Huber questioned the placement of the “no drinking beyond this point sign(s)?” Mike Cannington, Hooters Restaurants, came forward and explained that the signage will be placed inside the four walls of the restaurant within close proximity to the door. The closest place of entry or exit is where the signs will be placed. Town Manager Segal-George added that the condition was dropped. She explained that the obligation is the responsibility of the applicant with regard to how they will control drinking on their property. Their liability insurance is at risk.
Anita Cereceda asked Mike if he had read the conditions of the resolution and if he had any concerns with them? Mike replied that he had read them and had no problems with any of them.
Jerry Murphy came forward to provide the staff report. The applicant has done a good job of making their presentation. He called the LPA’s attention to the reduced copy of one of the drawings noted by Mr. McKey, which shows the area where the outdoor seating approval would be limited to and is highlighted in pink. He would be happy to answer any questions. Staff has voluntarily withdrawn the conditions that are not in the resolution.
Chairman Simpson asked for public comment. None was heard. Public comment was closed.
MOTION: Made by Anita Cereceda and seconded by Jane Plummer to approve the request before the LPA with regard to Hooters with the conditions as outlined in the resolution presented by the LPA attorney.
Discussion: Anita Cereceda commented that Hooters have been great corporate neighbors to this Town. She expressed her appreciation and is also glad to see the improvement on Estero blvd..
VOTE: Motion passes unanimously.
Town Manager Segal-George announced that this will go before the Town Council on October 14, 2002 at 9:00 a.m..
3. PUBLIC HEARING: Resort Restaurants, Inc. in reference to Snug Harbor Restaurant. Case Number COP2002-00095. A request for a Special Exception for on premises consumption of alcoholic beverages with outdoor seating for restaurant. The property is located at 1131 First Street.
Ed Kusek came forward. He and his partner own Snug Harbor. He brought elevations in case there are any questions. The intent is to comply with the vision plan for the overlay district. He felt the staff report was in line. He clarified their position and intent of condition 7. This condition states that outdoor seating will only be used between the hours of 11:00 a.m. until midnight Monday thru Thursday, 11:00 a.m. - 1:00 a.m. Friday and Saturday and noon and 10:00 p.m. Sunday. He has no problem with these hours. He clarified that the intent is that you cannot serve after these hours, but you can sit there after these hours. He has no issue with shutting down service, but does not want to limit a guest from moving out to this area to sit with a drink that was purchased inside. A clarification may need to be noted.
Ed went on to address entertainment outdoors. Mr. Murphy has a recommendation for the consideration of the LPA that is not contained in the staff report. He explained that the intent is to provide outdoor entertainment under certain conditions. No loud amplified music will be permitted. The intent is to have someone similar to “Jimmy Buffet” strumming on a guitar, small combos/solo performers and blues/jazz acoustically. He explained that they would like to see band concerts done in conjunction with the Town and/or Civic Organizations. The intent of the entire area is not to focus on the Snug Harbor Restaurant, but to focus on the entire area known as Snug Harbor. Everyone’s vision for this area is for an entertainment area. People are very excited and things are coming together quite well. The fountain is working and everyone seems pleased. He respectfully requests that the LPA grant the request for the outdoor service of alcoholic beverages as amended.
Hank Zuba asked if the access to the proposed deck will be only from the restaurant? Ed replied that there is an access agreement with the Town that will allow the general public to go over the dock and will be open. The access will be in two locations. This is intended to be a public/private space. Signs will be posed as required.
Harold Huber commented that a lot time was spent with regard to ingress and egress to get from one side to the other. Have all the agreements been completed? Town Manager Segal-George replied that all documents are not complete, but most of them are complete. Ed added that the pedestrian access agreement is a recorded document. Dan Folke replied that the pedestrian agreement has been executed and recorded.
Anita Cereceda asked for the construction schedule? Ed replied that this is a very complicated and expensive building. Another issue is with FEMA. The intent is to be open for season.
Jerry Murphy came forward to present the staff report. He pointed out the staff report conditions 3,4,5,6 and 8 have been removed. Condition 3 needs to be discussed. He recommends a condition which states that live entertainment is limited to 11:00 p.m.. and live musical entertainment is limited to acoustic musicians. In terms of condition 4, to address Mr. Kusek’s concerns, he recommended that this be modified to read “the outdoor seating area will only be served between the hours....” Town Manager Segal-George replied that this is redundant. Jerry Murphy added that staff will take the recommendation of the Town Manager very heavily. If it is not necessary to modify the condition, the condition as it stands will be fine. He will be happy to answer any questions.
Chairman Simpson asked for public comment. None was heard. Public comment was closed.
Anita Cereceda feels it is important to have copies of the renderings he has provided for people to see when they come in. Ed replied that these have been distributed to the Chamber and he will provide them to anyone who wants them. Anita feels if the Town Hall becomes a gallery of work occurring in the Town it will allow people to see what is happening. She feels this will be helpful to paint the visual pictures for their residents.
MOTION: Made by Harold Huber and seconded by Jane Plummer for the LPA to recommend to the Town Council approval of the request subject to the following conditions 1, 2, 3(revised) and 4 of the resolution.
Discussion: Jerry Murphy read the modified condition “ live entertainment is limited to 11:00 p.m.. Live musical entertainment is limited to acoustic musicians.”
Discussion was held with regard to having the word “served” added to the section discussing outdoor seating. Harold Huber would be willing to put this in his motion. Jodi Hester would like to see this not included in the motion. It was decided to leave it as is, per the recommendation of the Town Manager.
Ed Kusek is concerned about the word “used” with regard to outdoor seating. He was assured by several members of the LPA he would not be limited to allowing people to sit on the deck past the designated hours, as long as he was no longer serving during this time.
VOTE: Motion passes unanimously.
Town Manager Segal-George announced that this will go before the Town Council on October 14, 2002 at 9:00 a.m..
VI. MEMBER ITEMS
Harold Huber - The empty land at Bay Beach has been sold. The property has been purchased for buildings V, VI, VII and VIII at Waterside. Another owner will be present besides Stardial. The golf course was also purchased.
He had a complaint from a resident with regard to Playworks. This has been taken over by those staying in the woods. Barbeques have been set up and language is not appropriate for children in the evenings. Town Manager Segal-George will look into this.
Nancy Mulholland - Questioned short term rentals? Town Manager Segal-George reviewed the LPA calendar. The October 8 meeting will begin at 1:00 p.m. due to code enforcement having the drug paraphernalia case that morning. One case will be heard and the short term rental ordinance will be brought forward, which came from the Task Force. October 15 the LPA will handle signs and the new zoning districts. October 22 at 6:00 p.m. is the workshop with the Town Council to discuss Chapter 34 and the short term rental ordinance. Everyone has been copied on the latest information stating that on October 29 at 5:00 p.m. the Town Council will meet to ban short term rentals on the island. This is not true. Dan talked at length with the lady who is putting this information out and did not make much headway. She has also spoken with her to try and clear up the situation.
Jodi Hester - Thanked Dan for his help with the Short Term Rentals Task Force. He was very helpful. She questioned the difference in the resolution from the findings in the staff report. Is this the first time? Town Manager Segal-George replied that she has changed them before, but not to this extent. Too many conditions were either irrelevant or redundant. She and Dan will need to talk with County staff and hopefully in the future this will not happen.
Commented that she is glad the LPA continues to state the full motion. This group has done well to keep up with this format.
Jane Plummer - She will pass on the concerns of Harold Huber with regard to Playworks. She is on the Bay Oaks Board. Security has been increased on Friday and Saturday, but she does not believe too much has been done during the week.
Can changes be made to the ordinance with regard to the Short Term Rentals by the LPA prior to the workshop? Town Manager Segal-George replied “yes.” She explained the process and changes can be made.
Anita Cereceda expressed that she feels there were people sitting on the Task Force who felt their work was a final product. This is the reason debates begin when changes start to be made.
Jessica Titus - Boo Bash tickets go on sale in two weeks. The dates for this event are October 25th to October 30th.
Chairman Simpson - Commented on the workshop with Town Council and Times Square Advisory Board. The presentation was wonderful and everyone benefits. The walkway is being finished and she is pleased. Will need an excused absence for the LPA meeting on October 8 due to being in South Africa.
VII. PUBLIC COMMENT
None.
VIII. ADJOURN
The meeting was adjourned at 2:20 p.m..
Respectfully Submitted,
Shannon Miller
Transcribing Secretary