FORT MYERS BEACH
LOCAL PLANNING AGENCY MEETING
FEBRUARY 11, 2003
Town Hall - Council Chambers
2523 Estero Boulevard
FORT MYERS BEACH, FLORIDA
I. CALL TO ORDER
The meeting of the LPA was opened by Chair Betty Simpson on Tuesday, February 11, 2003, at 12:09 p.m..
Members present at the meeting: Betty Simpson, Roxie Smith, Anita Cereceda, Jodi Hester, Jane Plummer, Nancy Mulholland, Harold Huber, 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 Chair Betty Simpson. All present assembled for the Pledge of Allegiance.
III. APPROVAL OF MINUTES - JANUARY 14 AND JANUARY 21, 2003
MOTION: Made by Hank Zuba and seconded by Anita Cereceda to approve the minutes of January 14, 2003.
Corrections and changes to minutes:
1. Hank Zuba - Page 3, strike surrounding and replaced with surrounded.
2. Chair Betty Simpson - Last page - Motion - Roxie Smith abstained due to entering the meeting late.
3. Nancy Mulholland - Last page strike elevated and replace with alleviated.
VOTE: Motion passes unanimously.
MOTION: Made by Anita Cereceda and seconded by Roxie Smith to approve the minutes of January 21, 2003.
Correction and changes to minutes:
1. Chair Betty Simpson - Page 2 - Strike Tops and replace with Topps.
2. Chair Betty Simpson - Page 4 - Comment by Betty Simpson, strike with and replace with Estero.
3. Hank Zuba - Page 2 - Council Rynearson’s comment - add “us” between like and to be concerned.
4. Hank Zuba - Page 3 - Strike “He reviewed a deletion is being recommended for the first sentence of the new language.” Replace with “ A deletion is being recommended for the first sentence of the new language.”
5. Hank Zuba - Page 4 - Strike lightening and replace with lighting.
6. Hank Zuba - Page 5 - Nancy Mulholland’s comments under discussion should indicate “are not necessary.”
VOTE: Motion passes unanimously.
IV. PUBLIC HEARINGS
1. Public Hearing - Case Number DCI2002-00057 - A request by Vanton, U.S. Inc., in ref. to Cap Plaza, to amend the Cap Plaza Commercial Planned Development (CPD) to add 784 square feet of commercial floor area for a total of 6,526 square feet. The subject property is located at 121 Lenell Road.
Gary Muller came forward to represent the applicant Vanton, U.S. Inc.. Mr. John Newton is present, who is the President of Vanton and the owner of the subject property. They are here to request an amendment to the CPD zoning approval for Cap Plaza to allow the addition of 784 square feet of commercial floor area. The subject property contains approximately 8/10 of an acre and is located on the north side of Lenell Road, which is approximately 250 feet east of Estero Blvd.. He referred to the aerial photograph. The subject property was originally re-zoned to commercial planned development back in 1992, and has been previously redeveloped with 5, 742 square feet of commercial floor area and 30 parking spaces. The existing building is leased to eight tenants, which includes a restaurant and quick and pack shipping business. The proposed addition will consist of 784 square feet of floor area. The building is intended to be utilized by the existing tenant who operates the quick ship and pack business. The intent is to create a one story building, which would be designed to match the existing architecture of Cap Plaza. The structure would be built at grade to facilitate pedestrian access in and out of the building. The building will be flood proofed in accordance with the flood proofing requirements.
Harold Huber questioned the dimensions? Gary Muller replied the building will be approximately 14 feet by 56 feet. This will be a very narrow building.
Gary Muller indicated two deviations are being requested from the Land Development in conjunction with the zoning amendment. The first deviation would be to reduce the required amount of parking spaces from 34 to 31. This request is consistent with the existing parking deviation when the project was re-zoned in 1992. A parking deviation was granted, which reduced the required amount of parking by 3. Since the deviation was granted no problems have existed with parking. The existing restaurant does not open until late afternoon and does most of its business in the evening when the other shops are closed. He believes that staff has reviewed this deviation and is recommending approval. The second deviation would be to allow the new building to be located within 8 feet from the top of the bank of the existing lake. He pointed this area out to the LPA and referred to attachment B of the staff report (survey). This survey shows the existing site plan. He indicated a wood deck is presently in place and this would be the location for the new building. They will not be going any closer than the 8 feet which is already permitted. Staff has no problem with this deviation request.
Harold Huber questioned if this will be graded so that none of the parking lot runoff will go into the existing lake? Gary replied that it will be graded to prevent the runoff.
Gary Muller commented in closing that he agrees with staff’s recommendation. The development is consistent with the Comprehensive Plan and they do agree with the recommendation of approval.
Jerry Murphy on behalf of staff came forward. He has prepared the staff report. He indicated the amount of restaurant square footage has reduced. The tenant with the pack and ship business wishes to have their own building. Due to the reduction in the restaurant use the parking requirements are lower and staff feels this addition is appropriate. He expressed that since this property is located in the Santini area, which is an area seen as an area proposed for intensive commercial development this seems to be an appropriate area for this expansion. A number of conditions have been recommended to further bring this plan into compliance. A few use groups have been eliminated. Staff is agreement with the applicant and does recommend approval as conditioned.
Jane Plummer questioned if there are any rules with regard to a separate building on a property? She commented that all additions she has seen in commercial have been attachments and not separate buildings. Jerry Murphy replied it is somewhat different in commercial. They still need to meet all the other requirements, except for those they have sough deviations for.
Jane Plummer asked if this building can be sold off separately? Jerry Murphy replied “yes” it can. The probability of this property getting a lot split and the building and land below being sold off are not high. He feels it would not be likely in the near future.
Jane asked if the existing retention area can be developed into parking? Jerry Murphy replied that this required for onsite retention and buffer requirements. Without drastic reconfiguration of this plan this could not be developed as parking.
Hank Zuba questioned if the owner has not complied with the approved landscape plan? Jerry Murphy replied the owner has an outstanding violation against the development order previously approved for the project. He believes the development order and approval predates their acquisition of the property. The owner is currently working with environmental sciences staff to mitigate this violation. Staff has tried to be sure this mitigation complies with the zoning when complete and the changes which are being proposed to the Land Development Code. The owner has been very cooperative in this regard. He expects to have this resolved favorably.
Hank Zuba questioned the “to be approved” landscape plan. He asked how this will be complied with as opposed to what has happened in the past? Jerry Murphy replied the County will go out for a final inspection. They will be sure the plantings on the ground are in compliance with the plan before a Certificate of Occupancy is issued. Following this the only way to deal with enforcement is through a compliant.
Hank Zuba asked what Fort Myers Beach is getting for the variation beside an additional increase in tax value? Jerry Murphy replied the recommendation as conditioned does provide for additional buffering than the minimum. This property is not being developed in accordance with the proposed Santini plan. The only additional items received by the Town are the conditions added to the deviation, and the addition of commercial square footage in an area where it is foreseen by the Comprehensive Plan.
Jessica Titus added that a rumor has been told a workout type business will be added. Is this allowed? Jerry Murphy replied that this will not be allowed.
Jessica Titus questioned if a private club was established alcohol consumption and restaurant could be present in the existing building? Jerry Murphy replied they would need to get consumption on premises permits. The square footage and parking would allow this. These uses were approved previously. No additional uses are being requested.
Harold Huber questioned the violation? Jerry Murphy explained before the development order that must issue under this approval, if approved, to construct the building and be given a Certificate of Occupancy the violation must be abated. No further conditions are needed or necessary.
Jane Plummer questioned if additional signage will be needed? Jerry Murphy replied that he is unsure. Their signs would need to be in accordance with the requirements of Chapter 30. No variance request for signs is included. Their signs are in accordance with the sign ordinance of Fort Myers Beach.
Chair Betty Simpson opened up for public comment. No one came forward. Public comment was closed.
Gary Muller came forward and indicated his client has stated nothing is for sale. His intentions are to develop the property and keep it within his ownership. There may be a “For Lease” sign, but nothing is for sale.
Hank Zuba has a concern with what the Town is receiving for benefit. He feels more should be received in the future. If you are adding to the value of a site using the zoning power, the Town should receive additional benefits.
Anita Cereceda asked Hank to go further. She indicated a condition of approval could include his suggestions. Hank replied he is not a landscape architect and is not capable of suggesting how any landscape along the roadway would be consistent with the plan under consideration. He feels this should be part of staff review to see what could be given back to the Town.
Jane Plummer agrees. She does not recommend street landscaping on Lenell due to the amount of traffic. A lot of pedestrian traffic is present. She suggested an additional buffer between buildings.
MOTION: Made by Anita Cereceda and seconded by Harold Huber to approve the request with the conditions stated by staff. Add an additional condition (#10) prior to the final completion appropriate screening be provided to cover the dumpsters from public view.
VOTE: Motion passes 8 to 1. Hank Zuba dissenting.
Town Manager Segal-George expressed that this matter will go before the Town Council on March 17, 2003 at 6:30 p.m..
V. LPA MEMBER ITEMS AND REPORTS
Hank Zuba - Complimented Roxie Smith’s reappointment to the Governors Commission on Tourism. He feels her nexus between tourism and historic preservation will be a great addition. Congratulations. He will not be present at next week’s meeting.
Jodi Hester - Will not be present for next week’s meeting.
Harold Huber - Contacted his Realtor in Shelbyville, KY. He sent a new plaque, which has not been numbered. These plaques are placed on the left-hand side of the doorway. He showed a book to the LPA, which includes the historical district. He indicated the third item is a book you can look up the number located on the plaque to get further information. He has not received this book by mail and will not be going up to this area until June or July. The plaque is on loan and was given to Roxie Smith to take to the Historic Preservation Subcommittee.
Chair Betty Simpson - She asked Town Manager Segal-George about the Town Council meeting with the interviews relating to the CRAB committee? Dan Folke replied the Town Council interviewed the top two candidates that CRAB recommended for consultants for the Hidden Path project. These firms were the TBE Group and David Jones and Assoc.. The Council did select the TBE Group. A contract will be negotiated and work for the planning and design will take place for the Hidden Path. He feels a public workshop should take place within the next few months.
Town Manager Segal-George - Mentioned the LPA has a challenging agenda coming up. The pubic hearing for signs will be the only item on the agenda for next week. Discussion took place with continuing the public hearing on signs, if necessary. This matter would need to be addressed at the second meeting in March. Four cases have been divided up in March.
VI. PUBLIC COMMENT
Council member Bill Van Duzer came forward and indicated he had the opportunity to visit with the County Commission this morning with regard to the alternating light issue. He explained that the Town of Fort Myers Beach would provide the $23,000.00. They have decided to move immediately toward the implementation of the alternating light situation. John Davis indicated this would start tomorrow or Thursday at the latest. This will take four days to complete.
He misses the LPA and what the LPA does. This is a neat group. Carry on with the good work.
Chair Betty Simpson asked about the re-striping? Council member Van Duzer replied they will do the re-striping also. The striping will be removed in April and return next year. The permanent installation has been moved to 2004 or 2005. This was originally 2006. The cost for the permanent situation with striping would be $111,000.00. He indicated it is a possibility there would be state funds allocated to complete this project. Once on the list for the state the Town could advance the money and the project could be completed earlier. A reimbursement would then take place.
Town Manager Segal-George added that the temporary light is not the same as the permanent.
VII. ADJOURN
The meeting was adjourned at 1:17 p.m..
Respectfully Submitted,
Shannon Miller
Transcribing Secretary