FORT MYERS BEACH

LOCAL PLANNING AGENCY MEETING

OCTOBER 8, 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, October 8, 2002, at 1:00 p.m..

         Members present at the meeting:   Roxie Smith, Anita Cereceda, Jodi Hester, Harold Huber, Jane Plummer, Nancy Mulholland, Jessica Titus and Hank Zuba.

         Excused absence from meeting:   Betty Simpson 

Staff present at meeting: Town Manager Marsha Segal-George, Dan Folke and Jerry Murphy.

                 

II.       INVOCATION AND PLEDGE OF ALLEGIANCE

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

 

III.       APPROVAL OF MINUTES OF SEPTEMBER 10, 2002 WORKSHOP WITH COUNCIL, LPA AND TIMES SQUARE AND SEPTEMBER 17, 2002

        

         MOTION:      Made by Anita Cereceda and seconded by Jessica Titus to approve the minutes from the September 10, 2002 Workshop with Council, LPA and Times Square Advisory Board.

 

         VOTE:          Motion passes unanimously.

 

         MOTION:      Made by Jane Plummer and seconded by Anita Cereceda to approve the minutes from the September 17, 2002 meeting.

 

         VOTE:          Motion passes unanimously.

        

IV.      PUBLIC COMMENT ON AGENDA ITEMS

         Carl Bergstrom from 51 Fairview Blvd., Fort Myers Beach came forward.  His concern is the need for this ordinance.  He understands a lot of work has gone into the ordinance.  He does not feel this is required, because existing laws at the County level exist, which deal with occupancy.  He feels this ordinance will add another layer of bureaucracy to an existing government. 

         Dr. Sanford Colkin came forward.  He agrees with the previous speaker.  He questions the need for an ordinance that pinpoints Short Term Renters.  What if an owner has a friend in who make a lot of noise?  What happens if it is a long term renter making a lot of noise and not picking up garbage cans?  The rules on the books should be enforced and make this valid for everyone. 

         Tom Cameron is an advocate of eliminating Short Term Rentals in single family residential areas.  The Short Term Rentals have been proliferating and commercializing the single family residential areas.  The Short Term Rentals Task Force worked very hard.  He was part of this Task Force and was over voted many times.  This will not only be an administrative nightmare for the Town government, but is spending taxpayer money to police private business.  An ordinance is not going to work.  A zoning change to eliminate Short Term Rentals in single family residential areas needs to take place.  The property rights of permanent rights are at stake.  Please consider the moral obligations to think of the resident families.

         Larry Jones owner of 5720 Estero Blvd. came forward.  He is not a resident and lives in Paris, Illinois.  He has been on the beach for 43 years as a vacationer.  He is fulfilling a dream of one day living on the beach with the purchase of his home.  He is forced to rent his property to pay the mortgage.  In the past three years he has owned the property the property taxes have doubled.  His taxes have increased from $8,000.00 to $18,000.00.  He feels the ordinance is unnecessary.  The laws on the books should be enforced.  He questioned if the garbage ordinance violation is a three-time violation during the period of time he owns the property?  Town Manager Segal-George replied that this would be annual.

         Scott Gregory, Chairman of the Fort Myers Beach Chamber of Commerce, came forward to represent the over 600 members of the Chamber.  The Fort Myers Beach Chamber receives numerous inquiries on a daily basis with regard to rentals.  Since January 1, 2002 until September 30, 2002 the Chamber has received 2,600 requests.  In researching all the requests they have found that 72.9% are for 7 days or less.  The Chamber is against the ordinance as it stands today.  The Short Term Renters who come to the island to provide a very significant economic impact and if this were to stop it would be very detrimental to businesses on the island.  The Chamber estimates that 1.5 million is spent by the Short Term visitors each year.  The Beach Chamber’s position on Short Term Rentals is that the Greater Fort Myers Beach area of Commerce supports the rental of private homes.  Any recommended increase in the minimum time will adversely affect private property rights and the economy of Fort Myers Beach. 

         Amy Merlot came forward.  She is a resident of 25 years on the island.  She resides on Washington Ave..  The economy of the island needs to keep Short Term Rentals the way they presently are.  She does not feel there should be any changes to the current rental status.  She feels the enforcement or establishment of stricter rules and regulations needs to apply to everyone on the island. 

         Jack Slott, Director of Governmental Affairs for the Realtor Association of Greater Fort Myers and the Beach Incorporated, came forward.  He brought this issue before the board and the Realtors recommended he appear before the LPA and show support for the Realtors on Fort Myers Beach.  They are in support of the efforts and recommendations of the Short Term Rental Task Force.  The Realtors do support Short Term Rentals, if properly managed and the codes are enforced. 

         Janet Valentine came forward to represent Caldwell Banker on the island.  She is present on behalf of her owners who are very concerned about the discussions.  She read a letter from an owner (Casey) who could not be present at today’s meeting.  She also did not have time to read her own letter, but was directed by Chairman Smith to submit her letter after the meeting. 

         Fran Myers expressed that she had doubts about the LPA when it was first formed.  She added that the LPA has done a really great job.  Compromise is the word of the day.  She feels the ordinance is the right direction.  Tourism will be back in 2004 as long as there is no war, bombings or additional attacks.  She would like the LPA to consider this language provided at the last Tourist Development Council meeting.

         Joanne Klare who served on the Short Term Rentals Task Force came forward.  All items within the ordinance were not agreed upon by all members, but were a compromise.

         Sandra O’Brien an owner not a resident came forward.  She lives in Canada.  They began investing in this island 13 years ago.  She feels the ordinance is a good idea.  As an owner she does not want her property damaged and wants her tenants protected. 

         Don Moore from 7904 Estero Blvd. came forward.  He questioned if this applies to single family residences only and does it apply to only certain areas?  His concern is that if this is good for an area or type of residence then why should it not be good for all? 

                              

 

** Town Manager Segal-George - Began by addressing the LPA and audience and stated that the LPA is not having a public hearing on the Short Term Rentals.  A discussion of an ordinance that was prepared by a Task Force is the issue before the LPA today.  There is no discussion of banning Short Term Rentals on Fort Myers Beach.  The LPA will not discuss this matter and the ordinance does not contain this language.  A Workshop between the LPA and Town Council will be held on October 22, 2002 at 6:00 p.m..  Both bodies will be discussing the ordinance, which deals with a code of conduct for Short Term Rentals.  She made copies of the ordinance available for anyone who wished to receive them. 

        

V.       PUBLIC HEARINGS

 

         1.  PUBLIC HEARING: Estero Beach Club East.  Case Number VAR2002-00023.  A request for 2 variances in the Multiple-Family Residential (RM-2) District for construction of a residential accessory structure (covered carports).  The 1st variance would allow construction of a carport within 6 inches of a side lot line.   The 2nd variance would allow construction of a carport within 12 inches of a rear lot line.  The property is located at 2650 Estero Blvd.

         Jack Shefulbine, Freedom Aluminum, came forward.  Estero Beach Club East has contracted with their firm to reconstruct the carports that were blown down with the storm Gabrielle.  The intent is to replace these with better looking and sturdier carports.  14 total carports were blown down in the storm.  He pointed out where an additional two carports would like to be added. 

         Nancy Mulholland would like to know how the carports will be better constructed and better looking?  Jack replied the construction has changed since the first carports were put up.  The new carports will be all white aluminum and sturdier. 

         Ralph Gordon, an owner at Estero Beach Club East, came forward.  Back in April, he expressed they went to all owners to get their approval to move forward with the permit to build the two additional covers in different areas.  He expressed that the proper percentages were received in the land use, which is in accordance with the condominium declaration.

         Jerry Murphy from staff came forward and walked the LPA through the photographs.  He handed out several exhibits that were not included in their packets.  He pointed out that the property to the left would be the most effected by the variance request.  The property owner is not objecting to this variance, which weighs heavily in staff’s recommendation of approval.  Staff is recommending three conditions to assure that this will not become a problem in the future.  The request is consistent with the Comprehensive Plan Land Use Category and will not increase the density or intensity of the development.

         Jane Plummer asked since this hurricane have there been any new standards for carports for hurricane strapping?  The Town Manager and Jack indicated that a new Building Code has been adopted.  The carports will be made sturdier and will be tied down tighter.  

         Hank Zuba questioned if there is any issue of precedence?  Jerry Murphy replied that there is always potential for precedence, but each case is unique.  He feels the configuration is such that the LPA would not see something similar coming forward.

         Hank Zuba questioned if they would be obtaining anything with regard to landscaping or screening?  Jerry Murphy replied that one of the conditions is to require that the existing fence be maintained in the condition it is presently in.  The pavement goes to the property line, so there is no additional space for any landscaping.  The condition of the fence is acceptable at this time

         Chairman Roxie Smith asked if anyone wished to address the LPA.  None was heard. 

        

         MOTION:      Made by Jodi Hester and seconded by Hank Zuba that the LPA recommends to Council approval of the variance with the conditions, findings and conclusions in the September 24, 2002-staff report to include the conditions in the resolution.   

 

         VOTE:          Motion passes unanimously.

 

         Town Manager Segal-George announced that this case will go before the Town Council on November 4, 2002 at 3:00 p.m..

        

         2. Set 2 Historic designations for public hearing; 385 Estero Blvd. and the Historic Cottage Location.

         Town Manager Segal-George announced that the date for public hearings at 385 Estero Blvd. and the Historic Cottage Location will be held on December 10, 2002 at noon.  The process requires that the LPA take the time to set them for public hearing.

         Gloria Sajgo, Lee County Planning, came forward.  She explained that the cottage to be moved onto Roxie Smith’s property will be culturally significant.  This structure is associated with an economic and social trend of the 1960's.  She explained that this is a distinctive architectural style, which is not being duplicated and is a signature of this period.  Roxie Smith has a beautiful lot with the proper zoning.  This home will go south of the existing home.  Both homes would be tied together as a duplex by way of a deck.  She feels this is a wonderful opportunity to save the oldest Pink Shell Cottage on the island. 

         She indicated if the LPA will make a motion toward the public hearing the information for the hearing can then be gathered. 

         Town Manager Segal-George made it clear that Chairman Roxie Smith will be filing a conflict of interest form at the Public Hearing and will not be voting or participating in the hearing.  Today is just the setting of hearing and she sees no problem with the vote.

        

         MOTION:      Made by Hank Zuba and seconded by Harold Huber to set the Public Hearing for 385 Estero Blvd. and the Historic Cottage Location on December 10, 2002 at noon. 

 

         VOTE:          Motion passes unanimously.

    

         3.  Discussion of the draft ordinance prepared by the Short Term Rental Task force.

         Chairman Roxie Smith thanked the Short Term Rental Task Force who worked very hard to develop the ordinance before the LPA. 

         (The discussion moved back up to Agenda Item IV - Public Comment)

         Jodi Hester gave a brief history.  At the January 15, 2002 meeting of the LPA it was decided that a Task Force would be created to write a draft of regulations for residences rented out on a short term basis.  The assignment of the Task Force was not to decide to allow or not to allow Short Term Rentals, but to identify the problems and safety issues associated with them, and draft regulations to help solve these problems.  The first meeting was held on April 3 with meetings following in April, May, June and August.  The last meeting was held on August 28, 2002.  She identified those who served on the Task Force and thanked them for their participation.  While writing the ordinance, several ordinances and licenses were reviewed from other entities.   The Task Force did agree unanimously on a large majority of items in the ordinance. 

         Dan Folke began by addressing some questions raised during the public comment.  Who would be required to register for the license?  A unit to be rented for a period less than 30 days, but at least 7 days.  This would include single family homes, two family dwelling units and multi-family. 

         He discussed the 7-day rule.  The present rule is that a single family home can be rented for 7 days or more.  Less than 7 days is for a motel only.

         Dan discussed that the Land Development Code does not set a maximum occupancy for a unit.  With the new definition for occupancy the single family rule will not be taken away.  The Task Force voted to not include this reference.  Nobody likes the definition of family.  He feels the definition should be included in the ordinance, so that it is clear.

         He went on to discuss when a license holder would be taken to the hearing examiner?  The Task Force determined three evictions.  Dan has recommended that after two evictions they would be able to go to the hearing examiner to find out what is happening with the property.  The hearing examiner would then decide if the license should be revoked. 

         Jane Plummer questioned why a fine could not be applied to the tenant who created the situation?  Dan Folke replied that this was discussed at the Task Force.  He feels this issue should be treated in the same manner long term rentals are handled.  He explained if someone is leasing a home for a year and a code violation is obtained it will go the property owner.  It is then up to the property owner if they want to collect the code violation from the tenant out of a deposit.  A short term rental property owner could collect a deposit ahead of time for a fine, but he does not feel the Town wants to get involved with this process.  Town Manager Segal-George added that legal problems exist.  The legal remedies are against the property owners. 

         Jessica Titus does not agree.  An agreement with the renter is in place to revoke the deposit if certain rules are not followed. 

         Jodi Hester commented on Dan Folke’s discussion with regard to maximum occupancy.  The Task Force vote was 5 to leave it out and 2 leaving the definition in.  Throughout the entire ordinance various chapters were referenced in the Land Development Code.  She and Bill Van Duzer were not able to vote.  She is in support of Dan’s recommendation to include the definition of family from Chapter 34.  This makes the item very clear and helps clarify for the enforcement division.  The rental agents on the beach have taken care of their short term rentals more than the individuals.  Many private individuals do not know that they are in violation of the State of Florida requirements to have the Chapter 509 license.  She feels this ordinance will help to establish the proper procedures with those who presently do not comply. 

         Hank Zuba questioned if this process will cost the beach additional money?  He received a response that this has yet to be determined.  Town Manager Segal-George added that her instinct says this process will cost more than the fines would generate. 

         Hank Zuba feels some analysis should be completed before a final decision is made.  The Town Manager added that until it is known what everyone would like to do with this situation, she has been very reluctant to spend much time on this issue with her very small staff. 

         Nancy Mulholland is concerned with the enforcement.  Town Manager Segal-George replied that the LPA and Council will have to chart a course.  These items will need to be addressed at a later date.  The LPA and Council will need to determine if there is significant benefit to the community to justify this process. 

         Chairman Smith does not agree with everything in the proposed ordinance.  She feels the majority can be lived with.  This is an excellent first step to produce a safer product.  She added that this will go along way to create a civility atmosphere between the residents and tenants.  This process should at least be tried and they must start somewhere.

         Anita Cereceda would like the Chamber to submit to the LPA in writing as to why they are taking a position against the ordinance.  She feels it is impossible to regulate civility.  This will not address the fundamental zoning issue of whether or not there will be allowed a perpetration of Short Term Rentals in residential areas.  This is a zoning question and not a behavioral question.  She suggested in Section V (Registration and License) the language the owner or authorized property manager of each residential rental unit or rental units with the elimination of the Short Term language.

         Jodi Hester does not agree.  All problems brought forward have been through Short Term Rentals and not from those renting for longer time periods. 

         Dan Folke added that the rules within the code of conduct and occupant agreement apply to every property on the island.  This ordinance does not create different rules for Short Term Rentals, but puts the people there on notice the rules do exist. 

         Anita Cereceda questioned Section VI (Term of License and Fee) and asked if the license is paid to the Town of Fort Myers Beach?  She would like to know how this will be administered?  Will a new department be created?  Dan Folke replied that this will be the responsibility of code enforcement.  Some additional administration will be required, especially within the first year.

         Town Manager Segal-George indicated that no formal action is needed by the LPA.  This was just an opportunity for discussion in advance of the Workshop on October 22, 2002 with the Town Council. 

         Anita Cereceda asked when the opportunity will arise to discuss the zoning issues, which are part of the Land Development Code pertaining to Short Term Rentals in residential neighborhoods.  Town Manager Segal-George replied that during the Workshop on October 22, Chapter 34 and the Short Term Rental Ordinance will be discussed.  The old rules with regard to Short Term Rentals are in Chapter 34.  Bill Spikowski will be present.  Any issues can be discussed by either the LPA or Council.  After this Workshop a sufficient understanding of what will or will not be contained within Chapter 34 should be determined.  She indicated that three public hearings will need to be held before adoption can take place.

        

VI.      LPA MEMBER ITEMS

         Jane Plummer - Mentioned the discussion of vagrants at Bay Oaks, which was discussed at the last LPA meeting.  She did address this item.  Bay Oaks was not aware of anyone setting up grills and performing in this manner.  Monitoring does take place on Friday and Saturday nigh until 2:00 a.m..  Bay Oaks is unaware of these problems.  If staff is receiving these complaints, Bay Oaks should be contacted and will follow through.

         Nancy Mulholland - Discussed garbage and miscellaneous items behind the buildings at Times Square.  Anita replied construction is taking place.  Town Manager Segal-George added that a project is taking place. 

                            

VII.     PUBLIC COMMENT

         Tom Cameron is in agreement with the ordinance containing Dan Folke’s additions.  This is definitely better than no ordinance at all.  His feeling is that this is a zoning problem.

         Angie Parker came back to restate the Chamber’s position.  The Chamber feels the result of the Task Force is a solution and step in the right direction.  Everyone must be treated fairly and equally.  They do not oppose this ordinance and the Chamber retracts their previous statement.

 

VIII.     ADJOURN

         The meeting was adjourned at 2:55 p.m.. 

 

Respectfully Submitted,

 

 

Shannon Miller

Transcribing Secretary