FORT MYERS BEACH

LOCAL PLANNING AGENCY MEETING

NOVEMBER 5, 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, November 5, 2002, at 12:08 p.m..

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

            Excused absence from meeting:   None. 

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 OCTOBER 8, 2002 AND OCTOBER 15, 2002

           

            MOTION:              Made by Jessica Titus and seconded by Jane Plummer to approve the minutes of October 8, 2002

 

            VOTE:              Motion passes unanimously.

 

            MOTION:              Made by Nancy Mulholland and seconded by Jodi Hester to approve the minutes of October 15, 2002 with corrections.

 

            Corrections and changes to minutes (10/15/02):

            1.  Hank Zuba - Page 2 - Comment by Bill Spikowski  - Clarify definition of Official Zoning Map to read: a term for a map adopted by the Town Council.  Current is a term for the plan which is amended each time a zoning action has taken place.

            2.  Hank Zuba - Page 4 - Comment with regard to monument signs - Strike with following continued.

 

            VOTE:              Motion passes unanimously.

           

IV.        PUBLIC COMMENT ON AGENDA ITEMS

            None.

           

V.         PUBLIC HEARINGS

a.  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 deck enclosure and expansion.  The property is located at 1600 Estero Blvd.

            Dave McKey with Consultect from Bonita Springs came forward.  He expressed that signs were not picked up and the proper public notice was not provided.  At the last meeting there was a DEP coastal construction control line permit pending.  This permit has been received with all other permits required for this project for construction.  The Special Exception request is needed due to the deck having three glass sliding door and four bifold doors, which create an outdoor seating issue.  Nothing additional has changed in the case. 

            Hank Zuba commented and complimented Mr. McKey for complying with the ADA requirements.  The accessibility to the deck and bathroom modifications are excellent.  Dave McKey replied that Hooters was extremely concerned about this issue and wanted to resolve the issue before it became a problem. 

            Staff provided no additional comments.

 

            MOTION:              Made by Anita Cereceda and seconded by Jodi Hester to recommend the Fort Myers Beach resolution be approved with the following conditions, which are listed in the resolution of the Local Planning Agency 2002-13.

 

            VOTE:              Motion passes unanimously.

 

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

 

b.  Don & Gail Peterson in ref. to Reese’s Restaurant.  Case Number COP2002-00106.  A request for a Special Exception for on premises consumption of alcoholic beverages in conjunction with outdoor seating area.  The property is located at 1661 Estero Blvd.

            Gail Peterson came forward and indicated she and her husband are the owners of Reese’s Restaurant.  She is present today for the Special Exception for outdoor seating.  Presently they do have a beer and wine license to serve indoors and would like to offer this outdoors as well.  Also, the intent is to open for dinners, three nights per week, from 4:30 p.m. to 8:00 p.m..  She indicated no entertainment will be provided and this should not create a problem for the public/residents. 

            Anita Cereceda questioned which days they will be open for dinner?  Gail Peterson replied Thursday, Friday and Saturday. 

            Hank Zuba mentioned the issue of outdoor music?  Gail Peterson replied they would like to have outdoor music consisting of two very small speakers for background atmosphere.  She indicated the type of music played would be soft jazz (98.5 FM).

            Chairman Roxie Smith clarified if the Peterson’s are asking for music?  Gail Peterson replied that “yes” they are asking for music. 

            Town Manager Segal-George added that routinely denials and provisions are provided for not allowing outdoor entertainment.  She explained that while driving down Estero Blvd. some of the music being heard is not coming from any approvals that have occurred since the Town came into being. 

            Chairman Smith indicated that this request was just recently denied for Hooters.  Town Manager Segal replied that this is correct. 

            Gail Peterson indicated that the music can easily be eliminated. 

            Jerry Murphy from staff came forward.  He directed the LPA’s attention to Attachment A, which is the zoning map.  Exhibit A shows the 500-foot radius around the subject property.   There are a number of single family residential lots within this radius area.  This was the reason staff had concerns with the issue of outdoor entertainment and is the purpose for the condition of restriction.  Exhibit B shows the layout of the shopping center and identifies the outdoor seating area, which is a small deck area in front of the existing area.  Staff is in accord with the request and recommends approval as conditioned.

            Hank Zuba questioned if notices went out and if someone who had received a notice with regard to this case would have assumed there would be no music on the deck?  Jerry Murphy replied “no.”  The residents would not receive the staff report, but would be notified of the request.  Staff received no calls on this application and the sign was posted properly. 

            Jodi Hester is in favor of leaving the condition for outdoor music and entertainment in.  She feels the LPA should be fair across the board.

            Chairman Smith agrees also.  She is in favor of the music, but feels it is unfair to say “no” to those across the street and “yes” to others.  This board must be consistent and fair.

            Discussion took place with the LPA with regard to development of the plaza.  Jodi Hester feels an exception can be made in the future should this plaza develop further.

 

            MOTION:              Made by Jodi Hester and seconded by Jessica Titus to recommend to the Town Council Case Number COP2002-00106 be approved with the conditions as presented in the staff report dated September 30, 2002.

 

            Discussion:              Anita Cereceda questioned if the Peterson’s desire to have an Oktoberfest type celebration or guitar player for a selected time, could they apply for a Special  Event Permit?  Town Manager Segal-George replied that they could not.  Dan Folke added that if this is a true special event, which involved the whole plaza it could be considered.  No special event is approved until it is considered and determined to be non-intrusive. 

 

            VOTE:              Motion passes unanimously.

 

            Town Manager Segal-George announced that this case will go before the Town Council on December 9, 2002.               

           

VI.              DISCUSSION OF POSSIBLE CHANGES TO THE SIGN REGULATIONS - Gini Ross

            No discussion held on this topic.

           

VII.       LPA MEMBER ITEMS

            Hank Zuba - Apologized for missing the fun on October 22.

            Nancy Mulholland - Questioned when the discussion of signs will take place?  She commented that since the last discussion she sees awful sandwich signs.  People are not complying with what was recommended in the past.

            Dan Folke indicated all direction given to staff will be put in the form of amendments to Chapter 30 for the sign ordinance.  This will be brought forward on December 17 with the amendments for Chapter 34, which will be a public hearing and will give the opportunity for voting on the changes.

            Anita Cereceda - Indicated Mayor Daniel Hughes made some valid remarks with regard to the variances for Estero Beach Club.  He felt the LPA had and was being very liberal with the granting of variances.  No hardship existed for the Estero Beach Club.  No criterion was available for this to be granted. 

            Town Manager Segal-George added that she had spoken to the Mayor on this matter.  She feels they will ask the County staff to tighten up on the variances.  When Dan would do the variances for the County, he was stricter with the staff reports and often recommending denial.

            Harold Huber commented that the parking spaces were always there and he did not see a problem with covering them.  The parking spaces were not extended.    He feels the criteria needs to be established more clearly.

            Town Manager Segal-George has always felt the staff report should have the strictest interpretation.  The LPA and Council should then have greater leeway to indicate was in appropriate.  The staff will need to come in with a tighter interpretation of the rules.

            Jodi Hester - Agrees with Anita Cereceda and is glad she mentioned this topic.

            Jane Plummer - Questioned the minutes from the Workshop and the alternatives that will be presented by Bill Spikowski?  Town Manager Segal-George added that the alternatives will be provided before the hearing in December.

            Jane Plummer commented that people interested in buying single family homes have put them on hold.  She has concerns with those who have homes for sale, because this eliminates 50% of the potential buyers.  Realtors are required to disclose this pending matter and this is a concern.  She feels if these individuals had some information in writing to show the proposed alternatives this may help. 

            Town Manager Segal-George replied that Bill Spikowski can be informed.  Dan Folke added that he and Bill communicate by e-mail.  Bill just came back to town and will start beginning on the Short Term Rental alternatives.  These are not ready yet, but will be ready by December 17 and maybe much sooner.  He will ask that they be made available as soon as they are ready. 

            Chairman Roxie Smith - Reminded the LPA of a workshop next week with the Historic Preservation Subcommittee.  The Historic Society may also have some members in attendance. 

            Dan Folke indicated he has spoken to Gloria and the packets should be available by Thursday. 

He explained the intent of the workshop is to determine if a Historic District should be created.  Gloria has not completed an analysis on whether or not this is a good area for the district.

            Chairman Smith asked if a certain area is designated as a historic area and the buildings within the area are designated historic, if the owner does not want to be designated historically what will happen?  Dan Folke replied that this will be the type of question that will be discussed at the workshop.  Many questions exist.                           

            Town Manager Segal-George - Will be gone next week on vacation to London.  She discussed the Holiday Luncheon.  The intent is to have this luncheon at 11:00 a.m. on  December 17, 2002. 

            She indicated that the Town scored well with Florida Communities Trust on the Newton Property.  A delegation is going up to Tallahassee on the 15th.  She indicated they are in the Top “10". 

            The Mayor will be going up to the Governor in Cabinet in November to discuss the Harbor Plan.  Two permits are needed to put the harborage in place.  The Council is very united with having the Mayor go forward to ask for the 10 spaces for year-round live aboard’s.

            She also explained that the Town is fighting for the alternating lights for season.  Opposition from San Carlos Island is being received and a Commissioner is also opposed.  There is a Chamber Traffic Committee meeting this Friday.  At 11:00 a.m. they will be having a special meeting for alternating lights.  The County is not backing the Town’s request for the lights and without this backing the alternating lights will not be obtained. 

            Betty Simpson questioned if the alternating lights being discussed are for year round or just during season?  Town Manager Segal-George replied that this matter is being handled in a temporary manner.  The Lee County Commissioners did not support a permanent alternating light at the MPO.  She indicated that year by year this is being addressed.  A difficult process in being fought to get what is important to the island. 

            Betty Simpson mentioned the reversing of the lanes?  Town Manager Segal-George added that this is being considered and is a $750,000.00 fix.  Solutions are trying to be established and nothing is an easy fix. 

            Town Manager Segal-George indicated the Council will be meeting with Sanibel in December.  This meeting will be held on December 13, 2002 on Sanibel.  Sanibel would like to discuss the traffic congestion along with any other mutual topics. 

            Jodi Hester thanked the Town Manager for all of her hard working and fighting for the Town of Fort Myers Beach.     

 

VIII.      PUBLIC COMMENT

            None.

 

IX.              ADJOURN

            The meeting was adjourned at 1:12 p.m.. 

 

Respectfully Submitted,

 

 

Shannon Miller

Transcribing Secretary