FORT MYERS BEACH

LOCAL PLANNING AGENCY MEETING

JANUARY 21, 2003

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, January 21, 2003, at 12:06 p.m..

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

Excused absence from meeting: Jessica Titus (Excused).

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

II. INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was given by Chairman Roxie Smith. All present assembled for the Pledge of Allegiance.

III. PUBLIC COMMENT

Jack, Publisher of the Breeze Newspapers, came forward. He read the first amendment, which guarantee’s newspapers the right to distribute news and information to the general public. Newsracks are an essential part of the distribution system. For some readers the news racks are the sole source of newspapers. If city owned modular news racks are considered, he asked that this board speak with Maureen from the City of Fort Myers Planning Department. Fort Myers adopted this modular plan and is now wanting to rescind this ordinance as fast as possible. He feels the safety and esthetic needs of those residents on Fort Myers Beach can be efficiently met by having this committee work with newspapers to create a map of safe zones, work with newspapers to develop an acceptable color and style and allow newspapers to work within these guidelines. He is sure that full cooperation will be received from most publishers.

IV. PUBLIC HEARINGS

1. Public Hearing - Consideration of Historic Designation: FMBHD (individual) 2002-12-01 St. Raphael’s Episcopal Church, 5601 Williams Drive, Fort Myers Beach, FL 33931. A Designation Report is available to review at Town Hall.

Dan Folke expressed that Gloria Sajgo is unable to attend today’s meeting. The Designation Report filed discusses some of the architectural significance of the church. Page 3 shows the findings that this property does qualify under the ordinance of the Fort Myers Beach Land Development code for a designation.

Ed Kolar, Senior Warden of St. Raphael’s Church, came forward. He complimented the individual who prepared the report. The church is looking forward to receiving the designation.

Harold Huber questioned if all three buildings on the site will be registered or just the church? Chairman Roxie Smith replied the intent is to register all buildings. Dan Folke added the report indicates the entire property including all three structures.

Nancy Mulholland would like an explanation how this designation affects the church? Dan Folke replied that this information is all contained in Chapter 22 of the Land Development Code. Any permits pulled on the property would need review of the Board. Certain items can be handled administratively, which would be determined by staff. Some benefits include administrative relief for additions.

Hank Zuba questioned if the Town will memorialize this process in the form of a plaque after passage? Town Manager Segal-George felt the Historic Preservation Subcommittee was working on this matter. Chairman Smith indicated no decision has been made at this time, but she felt it is an excellent suggestion.

Town Manager Segal-George added that the LPA can ask the Subcommittee to discuss this matter on January 28, 2003 and send back their thoughts. This will allow the LPA time to make a decision on how this should be handled.

Harold Huber discussed a cast aluminum plaque used in Kentucky. The letters stand out due to the background being stained black. He will try to provide a plaque to the LPA and Subcommittee for review.

Town Manager Segal-George offered the extra reports to St. Raphael’s Church who further accepted them.

Anita Cereceda would like to see more than just a plaque located on site. Harold Huber added that the plaques used in Kentucky have a triangular section located on the bottom with a number punched into it. This number corresponds to an attached booklet, which gives a further description of the property in paragraph form. He will attempt to obtain a booklet as an example.

Chairman Roxie Smith opened public comment. No one came forward. Public comment was closed.

MOTION: Made by Anita Cereceda and seconded by Betty Simpson to accept the Historic Designation Report as provided to the LPA, which is consistent with the goals and objectives to the Town of Fort Myers Beach’s Comprehensive Land Use Plan. The LPA requests that the Historic Preservation Subcommittee report to the LPA some type of recommendation with regard to how the previous and future historic designations may be memorialized.

VOTE: Motion passes unanimously.

V. DISCUSSION OF NEWS RACK ORDINANCE

Council member Howard Rynearson began by suggesting the Town should not own the news racks. He has spoken to the Town Attorney and others who have suggested this may not be a good idea. He would like to keep control of maintenance and upkeep. He referred to Exhibit “A,” which shows the news racks currently in place. Tops has 25 news racks currently in place. He would like to be concerned with the safety and welfare of the public within the community. The news racks are not secured and become missiles during a storm. He would like to see the use of the “Pods.” He asked for LPA direction with regard to where these should be placed and how many. He indicated these will be placed on both private and public property. The suggestion of a committee being developed was added to the discussion and Council member Rynearson would like Chairman Smith to serve on this committee along with Julia from Town staff. Also, he would like to see someone from each one of the newspapers be included. Each person will then be involved in the process. The intent is to not hurt the newspaper organizations.

Anita Cereceda questioned what is happening with the City of Fort Myers? Council member Rynearson was unable to get in contact with the person involved. He indicated he has gone into Fort Myers. He has seen some “Pods” along with additional news racks. He feels the City has not enforced this properly.

Jane Plummer questioned the cost for the six “Pod?” Council member Rynearson indicated he does have pricing, but did not have it present with him today. He commented that this would not be expensive. The “Pods” are tied down to concrete and will keep them from becoming missiles.

Harold Huber asked if the “Pods” being suggested are the same as are being used in Fort Myers? Council member Rynearson replied there are several types, but this is the same as Fort Myers.

Chairman Smith questioned if a new business who wants to place advertising within this “Pod” would need to pay a fee? Council member Rynearson replied this is correct. All the details would need to be discussed in the new committee. He does not feel money should be made. The fee should cover maintaining the boxes and the cost for owning them.

Jane Plummer strongly feels the boxes should be limited to “news” type literature. She feels many businesses will take advantage.

Hank Zuba asked Council member Rynearson for assistance with regard to the location and number of boxes? Council member Rynearson provided no suggestions. He added this matter would be better addressed by Dan Folke. Land use will be a determining factor. This will not be an easy project.

Betty Simpson added that the ordinance clearly spells out location requirements. She feels if this is closely followed it will answer many of the problems. Council member Rynearson agreed.

Anita Cereceda had some concerns with the procedure. Council member Rynearson added that he would like the LPA to determine how many and the location for the boxes. This would not be the decision of the subcommittee. The subcommittee will discuss with the newspaper staff who will own the boxes, how much to be charged and maintenance issues. Placement is land use and must come from the LPA.

Chairman Smith feels the LPA must talk to Dan Folke for additional information.

Dan Folke reviewed the draft ordinance. The LPA could have additional time to reread the ordinance and develop a few ways to approach this topic. This matter could be addressed next month by the LPA and direction could then be established. The ordinance presented today would allow for news racks on public property (right-of-ways) and private property. This ordinance limits the size to five feet in height, 30 inches in width or two feet in thickness. Site location standards are included within the ordinance. He suggested a limit be placed on the maximum amount of frontage for the news racks. The LPA should take the ordinance and reread it to answer some questions raised today. The number of boxes and where they are located is not available at this time. This would take additional work and additional time would be needed for preparation.

Jane Plummer questioned the three-foot allowance between boxes? She would also like to see the double story use. The height restriction could be changed. Council member Rynearson added that the double box is 58 ½ inches and can be utilized.

Jane would like to see information reported back to the LPA from the newspapers with regard to their needs.

Chairman Smith feels more information and time is needed to make a meaningful discussion.

Hank Zuba feels the problem must be addressed exactly and then a solution could be crafted exactly to address the issue.

Anita Cereceda would like to know the exact problem being cured? Esthetics? Council member Rynearson replied “no” not exactly. He indicated this is a public safety issue and public safety and welfare is the main concern.

Dan Folke indicated this is a starting point. The draft is based on other communities and may not work in their community.

Harold Huber agreed this committee cannot make a decision based on the information provided.

Anita Cereceda is unsure how this has come to the LPA. She feels it should be left with the Public Safety Task Force.

Town Manager Segal-George added if the ordnance is going to allow these on private property it must be contained within the Land Development Code. This brings the LPA into this matter. Also, there have been two court decisions in Lee County, which indicate any legislation done by the Government which touches the land has to be reviewed by the Local Planning Agency. The Public Safety Task Force felt the LPA should decide where the boxes are going before a decision of whether or not these boxes create a public safety issue. A larger issue of need should be considered. The rules for site placement could be established by the LPA, which would allow the private sector the opportunity to come forward based on their need.

Town Manager Segal-George added that the LPA can set up the guidelines and allow the private sector to determine what is needed to work into a guideline. This will allow for less regulation and will be less exhaustive. This will allow the LPA to accomplish their goals and the private sector will then be comfortable, because they will be given the flexibility and options. She indicated it is very difficult to write regulation.

Dan Folke suggested the LPA should go back and review the ordinance. The LPA should consider the frontage and report at a future meeting. This will also allow the LPA the time to review what is presently out within the Town. He will provide a memo highlighting on the key issues to the LPA.

The LPA members felt this information would be helpful in making decisions.

Anita Cereceda commented on the subcommittee. She feels any comments or input should be forwarded to the LPA. This information will help with their decision process.

VI. DISCUSSION OF POSSIBLE CHANGES TO CHAPTER 30, LDC - SIGNS

Dan Folke reviewed several months ago the sign ordinance was discussed. He put together some language with recommended amendments to Chapter 30 based on a previous meeting. He began with reviewing the amendment page with the LPA. He indicated an attempt was made to change the definition of a ground sign. He was given direction toward ground signs and monument signs. Monument means wider than taller. The definition for a ground sign regulates the height off of the ground. He reviewed a deletion is being recommended for the first sentence of the new language. The second sentence should be left as indicated. Off premises signs were added to the prohibited signs. Also, roof signs were added, except as allowed in the downtown zoning district. Permitted signs were next to be discussed. Bench signs are only allowed in the public right-of-way and may only be placed in conjunction with a public transit stop. All the language contained within the commercial design standards was added to the section pertaining to sandwich signs. This allows sandwich signs in the downtown overlay area. Sandwich signs must be professionally made and maintained in an attractive manner. Sandwich signs which are structurally unstable or deteriorating shall not be permitted. He recommended the language be added “multiple occupancy complexes with less than 10 occupants may have two sandwich signs. Multiple occupancy complexes with 10 or more occupants may have up to three sandwich signs.” Part B pertains to the existing off premises’ signs. The language indicates the grandfathering of existing sandwich signs which are presently in place. Other locations could be added. He would like these considered lawfully nonconforming. The final items dealt with sign height. He recommends the removal of the maximum height language. He has recommended the maximum height for all identification signs shall be determined by the permitted dimensions of a ground mounted monument sign where the sign support is not greater than 1/3 of the height of the sign.

Dan reviewed after direction today from the LPA this matter will be put in an ordinance. Public hearings will be scheduled before the LPA and Town Council.

Anita Cereceda commented on the Heavenly Biscuit? She questioned at what point the sign would be lost? Dan Folke replied if the owner sold the business, but the business remained the same the sign will remain. Only if the business changes in conjunction with a change in use would the sign be lost. The LPA should review Chapter 30 the section with regard to the loss of nonconforming signs. Five different scenarios exist and he is recommending this ordinance follow the same rules.

Dan added that a decision of where the sandwich signs will be allowed must be determined. Should the signs be allowed just in the downtown zoning district or all of Estero Blvd.?

Hank Zuba commented on sandwich signs along Estero. These are oriented to pedestrian usage and vision and can be distracting outside of downtown.

Hank Zuba commented on lightening issues. Dan Folke questioned Gini if she felt the language for the regulations is written sufficiently? Gini Ross, Town Sign Specialist, came forward. She has had no difficulty with the lightening. The lights do require an electrical permit, if the existing wiring is not present.

Jane Plummer feels it is very important to have the sandwich signs up and down Estero Blvd. In today’s economy she would hate to see more businesses hurt by signage taken away from those who have been allowed to have it. It is important to allow the signage year round. She does feel the enforcement of the standards for the signs should be met.

Jodi Hester agrees with Hank. She would like to see the signs in the downtown district only.

Nancy Mulholland agrees with Jodi. She feels in the downtown district the signs are not needed, because people are walking around. She would be in favor of removing all sandwich signs. Since this topic was first discussed several months ago many of the new signs have not been tastefully prepared.

Town Manager Segal-George replied that the rules have been enforced, which were in place for a temporary capacity. This has been a constant battle.

Chairman Smith dislikes the sandwich signs. She feels there are too many and these are over done. Her friends in the retail business inform her they are very necessary. She will put her own personal preferences aside and consider the businesses on Fort Myers Beach who contribute to the economy. She is in favor of sandwich signs to a lesser degree. She would like to see no drastic changes to the community at this time. Keep the regulations as written and try to enforce the rules more efficiently.

Jane Plummer feels since this rule was temporary many may have not gone forward to have a sign professionally prepared. Once a longer more definite time period is established, the business owners should be willing to spend the money needed to have a professional sign prepared.

Hank Zuba feels the lack of a sandwich sign is no statement to the quality of the business. A business can operate successfully without this sign. The sandwich signs encroach into the right-of-way and are distracting to a driver. These signs will proliferate if they continue.

Betty Simpson agrees with Hank. She would like to see no sandwich signs along with Boulevard. She is also in favor of no sandwich signs downtown.

MOTION: Made by Jodi Hester and seconded by Hank Zuba to only allow sandwich signs in the downtown zoning district and not on Estero Blvd., as in Option One of Dan Folke’s memo from October 7, 2002.

Discussion: Discussion among the LPA took place with regard to the businesses that would be affected by the above motion. Dan Folke added that this would be the lot in between Virginia and Pearl to include across from Lynn Hall Park down to the 7-Eleven.

Chairman Smith feels they are voting to help those who do not need the signs as bad and eliminating those who really need the signs.

VOTE: Motion passes 5 to 3.

MOTION: Made by Nancy Mulholland and seconded by Betty Simpson to recommend elimination of the sandwich signs in the overlay district.

Discussion: Hank Zuba wanted further clarification on the motion from Nancy.

Nancy commented that she did feel the signs are necessary. People are walking and can see what is on display within the stores. She is attempting to level the playing ground.

Harold Huber questioned if the workshop required professionally made signs for those permitted to have temporary signs. He is concerned that this now can be taken away once people have spent the money as requested.

Jodi Hester suggested the sunset clause for the sandwich signs. Town Manager Segal-George added that this process was given to the real estate signs. A time frame could be allowed.

Anita Cereceda will not support the motion.

VOTE: Motion passes 5 to 3.

Town Manager Segal-George added that the above result from the motions will be included within the advertisement. Her intent is to try and get out as much information as possible to the public. The public hearing will be held on February 18, 2003.

Chairman Smith commented on the bench signs. She would like to see these eliminated. She would like to see the trend from Old San Carlos carried over to the Boulevard.

Hank Zuba feels these benches serve as a public purpose at the Trolley stops. He feels the recommendation by staff too only allow bench signs at Trolley stops and give 60 days for nonconforming is favorable.

Harold Huber added if the signs are eliminated the bench does not need to be removed. A new back for the bench could be added.

Town Manager Segal-George added that Council member Thomas is working on this project. He is attempting to get LeeTran to sell advertising on the Trolley’s rather than on the benches. She is willing to get further information to the LPA on this matter.

Chairman Smith and other members would be interested in seeing this information.

Jane Plummer asked for the restriction on magnetic signs on cars parked in parking lots? Gini Ross replied if a business vehicle is advertising their business it is OK for them to park in the lot in a legal parking space. The vehicle cannot be left over night and must be a vehicle that is driven back and forth. Jane Plummer is concerned this will become more of an issue if sandwich signs are eliminated.

It was decided bench signs will be left at this time. Information will be provided to the LPA by Town Manager Segal-George for the upcoming hearing.

VII. LPA MEMBER ITEMS AND REPORTS

Harold Huber - A comment was made from a person walking the beach. The comment referred to the signs stating “No motorized vehicles on the beach.” Who put the signs up? Town Manager Segal-George replied the Town placed these signs. She feels they are appropriate. Many favorable comments have been made. Problems did exist with enforcement. The signs were necessary to enforce the rules.

Nancy Mulholland - Mentioned she has been asked about parking in lots when businesses are closed? Town Manager Segal-George indicated this is private property. Shared parking is something the Town would like to allow. It is up to the private property owner to allow this process.

Anita Cereceda - Commented on parking. She indicated the Alliance has been working toward this issue. It is a sense of shared interest, unity and cooperation among the businesses, which will allow this to happen.

Jodi Hester - Added the Beach Observer always gets the name of the Local Planning Agency incorrect. Robin Calabrese will address this issue.

VIII. PUBLIC COMMENT

Robin Calabrese, Group Manager of Breeze Newspapers, came forward. She reminded the LPA she would be happy to work with the Public Safety Task Force and LPA to find safe areas. She would be happy to secure her racks down with concrete bases. She commented if she is paying someone to distribute news and if the Town does not own the racks this is a breech of her first amendment right as a publisher. Look at the ordinance and consider the safe areas. The esthetic value should also be considered. She will be more than happy to comply with these issues.

Robin commented that she was unaware of today’s agenda. If the newspaper had known the topic of signs was being discussed it would have been printed. She felt greater attendance would have been at today’s meeting. She will address this issue at her office.

Anita Cereceda is concerned that this matter will be misrepresented by indicating a decision has been made today. She added that only a recommendation came out of today’s meeting. The LPA has made no decisions today which will affect anyone directly. Further decisions will be made at upcoming hearings.

Town Manager Segal-George indicated the Town works very hard to try and get out as much public notice as possible. The base of every LPA agenda includes upcoming topics.

Chairman Smith expressed the newspaper may be able to generate the interest to have more public attend their meetings. The LPA welcomes anyone to come and provide their input.

IX. ADJOURN

The meeting was adjourned at 2:30 p.m..

Respectfully Submitted,

Shannon Miller

Transcribing Secretary