Council Minutes : December 15, 1995 MINUTES COUNCIL OF THE TOWN OF FORT MYERS BEACH SPECIAL MEETING - DECEMBER 15, 1995 The Special Meeting of the Town of Fort Myers Beach was called to order at 10:00 A.M. at the Beach United Methodist Church. Councilmembers present were: Anita Cereceda, Ted FitzSimons, Rusty Isler, Ray Murphy and Garr Reynolds. Also present was Acting Town Manager William Mills. Vice Mayor FitzSimons led the Invocation and Pledge of Allegiance. Item #2. Introduction of Lee County Staff Mary Gibbs, Director of the Lee County Department of Community Development introduced the Lee County staff present as follows: Timothy Jones, Assistant County Attorney; Paul O'Connor, Planning Director; Walter McCarthy, Zoning and Development Services Director; Bob Stewart, Codes and Building Services Director; Rick Joyce, Environmental Services Director. Item #3. Overview of the Growth Management Process Mr. Jones gave a synopsis of the State's 1985 Growth Management Act, which governs Florida Land Use Law. The Comprehensive Land Use Plan (CLUP) was identified as the overriding regulatory planning document. Land Development Code Regulations are then developed to implement the CLUP. Mr. Jones then briefly outlined the County's current land use regulatory (zoning) process, which is a two-step "Quasi-Judicial" process in which a hearing officer first takes testimony on a zoning or rezoning case, and then passes on a recommendation to the Board of County Commissioners who takes final agency action. Item #4. Legal Issues Mr. Jones outlined some of the legal issues identified in the Town Charter, including the Town's assumption of all planning, zoning and development related functions on December 31, 1995, but the town has the authority to delegate those powers. Mr. Jones noted that numerous other miscellaneous County ordinances dealing with noise, jet skis, alcoholic beverage regulations, etc. would become ineffective on December 31, 1995 without Town Council action approving those ordinances. It was also pointed out that all roads except Estero Boulevard would become town responsibilities as of December 31, 1995. All County parks would remain under County control. Mr. Jones indicated only one current zoning case which will be heard by the County's Hearing Examiner and then passed on to the Town Council for final action. The process of code enforcement cases and hearings was then discussed, as was the general rules and regulations of the quasi-judicial process. Mr. Jones then discussed the Burt Harris Private Property Rights Act and its impact on land use and zoning regulations. Item #5. Comprehensive Land Use Plan Mr. O'Connor briefly discussed the purpose of the CLUP in land use regulations and the process used to develop a CLUP. He then displayed a current land use map of Estero Island and identified the predominant land use categories on the maps and the permitted uses in each of those areas. The need for the town to establish a Local Planning Agency to assist in the development of the town's first CLUP was then discussed. It was noted that the town could ask the Regional Planning Council to act as the Local Planning Agency in this capacity. Item #6. Zoning/Development Issues Mr. McCarthy briefly discussed the process used in zoning cases, which start with a staff review and written report and recommendations, followed by a public hearing by a Hearing Examiner for final decisions. In other zoning related issues such as variances, special exceptions and appeals of staff decisions, the Hearing Examiner represents the County's final agency action. Mr. McCarthy then informed the Council that the County Commission has delegated a great deal of the actual land improvement and building regulatory authority and decision making to the staff in order to streamline the process. This includes improvements to land such as subdivisions and actual land development. Mr. McCarthy indicated that development orders are usually valid for a period of time, which may vary, and there could be a great number of valid permits in place on Fort Myers Beach at this time. Coming up with a thorough list of these permits would be a significant task, and would likely be a part of the town's CLUP development process. Item #7. Building Permits/Code Enforcement Mr. Stewart explained the functions of the Building Department, including Plan Review, Permit Issuance, Inspections, Zoning Approval for Occupational Licensing, Sign Permits, and miscellaneous permits such as plumbing, electrical and roofing. The County uses the Standard Building Code when reviewing and permitting new construction, which is one of the most strict codes (110 MPH) used at this time in Southwest Florida. Item #8. Environmental Issues Mr. Joyce indicated that his staff is responsible to review all Development Order Permit Applications for compliance with landscaping, open space, protected species, and other environmental regulations. This includes a review of all dock and shoreline related permits issued on Estero. The State of Florida's Coastal Construction Control Line Regulations were then discussed, as were Sea Turtle Protection Regulations. It was noted that Fort Myers Beach had 46 sea turtle nests this year. Item #9. Adjournment There was no further business and the meeting was adjourned. Respectfully submitted, William A. Mills Acting Town Clerk