e e e e 2024 it's 9:00 a.m. we have excused absences for Jane plumber um I would also like to have a vote uh to accept Don suth on Zoom could I have a motion in a second for that so move second okay there's a motion by uh Jim and a second by Doug um is there any objection to that motion no but the participation on Zoom is for extraordinary circumstances thank you Nancy okay so um will is Dawn up and running or no not yet yeah I'm here oh you're here Don yeah okay oh today you're in the mountains that's so nice good to see you Don okay thank you everybody if you would please stand for the Pledge of [Music] Allegiance I pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liberty and justice for all okay oh I skip the indication but that's all right uh if I could have a a motion please for the approval of the minutes for April 9th so moved is there a second second um thank you gentlemen is there any are there any changes or additions to those minutes hearing none uh is there any objection to that motion hearing none the motion carries unanimously next item is public comment um if somebody is here to participate in one of the cases we have before us I highly recommend that you wait until that case comes before us so you'll be part of the record for it but if you're just here to tell us something come on up now anybody everybody's here for business okay we'll move on the first case this morning is DCI 20230 one97 841 Estero Boulevard this is an ordinance of the town of Fort Meyers Beach Florida approving approving with conditions or denying the commercial plan development CPD Zoning for the property Loc Lo at at 841 Estero generally identified as strap numbers 2446 23 w3050 b0010 Fort Meers Beach providing for other clarifications is necessary providing for conflicts of law scrier errors severability and providing for an effective date Nancy thank you I'd like to make a few comments if I may so on your agenda today um you have five matters that are qu judicial in nature um your last item on your agenda is regarding your comprehensive plan and that one is legislative in nature so the five quasi judicial items um they uh this requires the public hearings that we'll be having today to comply with some procedural requirements that have been established in Florida law and in our Land Development code so these five quasi judicial proceedings they will be less formal than proceedings that would occur in a circuit court but they are going to be more formal than the remainder of our meeting and they will follow the basic standards of due process that requires that certain Noti notices have been provided the application of the correct standards and decisions your decisions made on competent and substantial evidence that will be presented to you either in written documents or through oral testimony you will then evaluate the testimony and the information that has been given to you and draw a conclusion regarding whether the criteria in the Land Development code or in state law as may be applicable has been satisfied so pure speculation and opinion that is not based on competent facts should legally not be considered by you in evaluating whether or not a criteria has been satisfied testimony by professionals who have been qualified as experts in a particular area has been considered competent substantial evidence by our Florida courts as well as testimony by neighbors and residents who have fact-based information such as minutes surveys engineering reports or testimony that's based on their personal knowledge so members of the public um and those here today if you intend to speak please keep these comments in mind when you come forward we ask that you state your name clearly in the record and whether or not you've been sworn in your qualifications as an expert or your interest in the matter so for purposes of a of efficiency Madam chair um we would like to go ahead and address the issue of noticing and I need to ask the town clerk have all agenda items been properly noticed yes they have been okay and at this time if there are any members of the LPA that may have a conflict of interest in any of the four items would you please disclose this for for the record um so we can ensure that we have a quorum present for review of the item Patrick I've got a uh conflict with the first item I um shall be recusing myself I have also provided the form to Amy filel thank you and we do have that in our possession the form 8B and that will be attached to your minutes of the uh when you approve them at the next meeting um for documentation of that also at this time we would like anyone in the public um or staff or any experts that are participating today to please stand and uh raise your right hand so the clerk can administer the oath that includes public comment yes anyone who's going to be commenting as well okay do you solemnly swear and affirm that the testimony you're about to give is the truth the whole truth and nothing but the truth all parties have been sworn so Madam chair I believe you can now proceed with your first item uh following exp parte disclosures thank you Nancy um John any exp parte on this case uh none how about you Jim no exp parte thank you um Doug no ma'am and Patrick is recused okay uh so for me either oh and uh you know look he's looming but uh don any exp parte no X parte thank you all right thank you thank you okay we'll start with the staff report I already read the title good morning Sarah good morning yeah unfortunately that's as close as it can everybody hear me okay absolutely fantastic good morning Sarah propes with Community Development the neighborhood company on behalf of 7-Eleven Inc the property owner of 841 Estero Boulevard has applied for a commercial plan development rezoning to redevelop the property on the corner of Lagoon Street and a stero Boulevard with a convenience store the downtown zone property was the site of a 7-Eleven prior to Hurricane Ian a convenience store is allowed by right in the downtown zoning District however the request requires several deviations from the Land Development code for site design and therefore the applicant is proposing a CPD the proposed development requires a deviation several deviations the first deviation is from LDC section 3476 D which requires that when properties are fronting on a sterile Boulevard existing driveway and parking spaces shall be located from a sterile Boulevard from relocated from a stero Boulevard to a secondary Street and new driveways shall connect only to the secondary Street except where these requirements would prohibit a reasonable access to the property the deviation would allow a driveway connecting to a sterile Boulevard and to Lagoon Street a deviation from section 10- 285 along stero Boulevard and Lagoon Street the deviation would allow driveway separation along a stero Boulevard to be a minimum of 80 ft and a minimum of approximately 60 ft along Lagoon Street a deviation from vehicle separation requirements uh 3476 to allow a parking lot to be located primarily think that I've confused those two my apologies those are the correct toad sections but those are not uh set up quite right uh there there's a deviation to allow the parking lot to be located primarily uh fronting on a stero Boulevard uh and a deviation from section 34220 D2 i1 which requires a minimum of four parking spaces per 1,000 ft of total floor area or 14 parking spaces for the 3500 squ ft convenience store to allow a reduction of five parking spaces for eight parking spaces uh the proposed development request should be evaluated according to 34 85b and c and 34216 of the LDC deviations must be appr approved modified or rejected per the findings in section 34216 for staff's application of these evaluative codes can be found in the staff report um staff is available for any questions you may have and the applicant is also here thank you very much uh gentlemen any questions for Sarah this morning no okay uh we'll have the applicant good morning Ken morning good morning again uh Madam chair both board members uh for the record I'm Ken Gander uh agent on behalf of 7-Eleven Inc uh appreciate your time again and here we are with our third uh 7-Eleven uh maybe more but never know um but uh I do have a presentation prepared but for the record just to start off we're agreement full agreement with the staff report recommendations and their conditions uh we are consistent with the comprehensive plan and the criteria under the LDC section 3485 B and C 34216 and 2 uh also not aware of any public opposition so I could move forward with the presentation or we can just move on you have all the packet and the information available to you so we've all reviewed it you're absolutely right thank you for the offer to save us time today um does does anybody have questions for Ken any no would you would you prefer that he go through step by step the presentation not for me yeah I'm okay if we wave it okay how about you D me too and how about you Don yeah I'm fine to wave it ass it red great okay um Nancy there's no rec no so you've acknowledged on the record that the materials are in the packet and you've reviewed them all so your decision will be based on the information in the packet and the and the application of that to the criteria and he's available for any questions you may have so and our team is here as well thank you very much uh Ken I just want to congratulate you again for a thorough packet and um and the the the drawings the renderings everything it just it looked very nice and I'm sure people will be very excited on the North End to have their 7-Eleven back we are excited to have another one at that end of the Town Sarah is there any benefit in showing the renderings so the a goodidea so just pull those up sure so this is the just for the public this is the 7eleven at the North End across from Lin Hall Park so these are architectural elevations very similar obviously to the prior two that you've seen your classic dumpster enclosure but uh this is the uh uh rendering for this location at the corner of Lagoon in Estero uh from the esto view escaping looks nice everything looks nice about it and then this is looking at the intersection or the corner of Lagoon uh to the right and a stero to your left again uh with the configuration we did have to uh Orient the dumpster but uh the potential there is also for some decorative uh wall element or something to that effect as we move forward so very appropriate and I think they're very excited to because this is a very utilized uh location for the 7-Eleven so yes I said the north end but for every visitor who comes to Time Square Time Square plus the park uh across the street very convenient for those visitors anything else uh not for me anything Doug any particular issue you might want to raise with Ken I don't have any issues but I'd like to all three of these projects 7-Eleven projects we've looked at it the uh the new facility is much improved over the previous facility yes in terms of Aesthetics these will continue that Trend yes Don any questions for Ken not at all just Echo what uh I think Jim said did you say something did you did was there was there no no questions okay uh uh Jim anything just to comment that uh the parking variant uh this location will have much more pedestrian traffic than a lot of them so um I don't see any reason we shouldn't Grant the variance on parking thank you we agree John anything no I agree completely thank you very much Ken appreciate it I would note that on this one um the uh dumpster height is limited to 6 feet um on the previous ones there was a request by Town Council to raise it to 8T do you want to keep it at 6 feet and then if and then if Council requests it at their hearing Ken what's your thought on that yeah I think it was 7 feet 6 in 6 in I we would be fine uh I don't want to speak for but yeah we need to go we would be fine to work with staff to uh and yourselves to uh increase that height to be consistent with the prior to so should we uh should we note that here in a motion that so it would need to be uh yeah noted in the in the motion and it would be another deviation request if if it was desired if it was desired which clearly it is or you know what Ken it would be better for you to just take that to the Town Council so we have a clean agenda and a clean motion and then change it for the Town Council don't you agree Nancy yes I think that would be preferable yeah yeah so you're going to see them change it for them okay very good since you did it the last time as well okay thank you okay very good okay um the staff recommendation is for approval with the conditions um uh the the recommendation is that this meets the deviations except for but in section 3485 B and C and 34216 2 of the LDC and um if I could have a motion please I'll make a motion oh yeah that's a good idea is there any public that wishes to commin on the 7-Eleven case I apologize for that nope public commment is closed now may I have a motion please I'll make a motion to approve with conditions as set forth in the application set forth the application okay is there a second for that motion second second the second by Don okay there's a motion by um by Doug and a second by Don is there any objection uh I'll call a roll call vote on that Doug approve Don yes John yes Jim yes and yes the motion carries unanimously that was very quick and clean and easy thank you Fred we have a lot going on thank you very much it's nice to have one more online hey Fred I know one question I wanted to ask you what Fred look I'm calling him Fred again oh Lord and and too bad I turned around you did you did you did oh ken goly Moses I'll never do all right Ken yes uh when will construction begin uh I would say probably in 9 months J okay very good thank you y see you later Fred bye Brandon goodbye everyone okay there gosh it it'll never change I'm telling you once it's in my head it's a shame the next case is sez 2024 0069 4830 Estero Boulevard this is a resolution of the Town Council of the town of Fort Meers Beach Florida approving approving with conditions or denying a special exception sez 202 400069 to allow for the replacement and repair of a Sund deck a pool patio retaining wall and fence in the environmentally critical EC zoning district for the property located at 8:30 Estero Boulevard providing for scribers errors severability and an effective date uh John do you have any expart in this case I do not how about you Jim I do not how about you Don no Doug no ma'am Patrick none okay Jason good morning LPA members morning I'm booming here good morning staff my name's Jason SMY I'm with your planning and zoning department uh as was mentioned in the title of the application this is a request for a special exception to repair and replace uh certain items uh listed as a pool deck Sund deck retaining wall and a fence in the EC area uh the condominium requesting it is located at 830 Estero Boulevard Al also known as Edison Beach condominium uh the request is due to damage that was uh received during Ian and they're looking to replace what had previously been in uh the EC area I would uh I would note that the application does make mention of uh foot washes and showers staff could not verify that those existed cord of that line and so the request before you does not include the the foot washes the applicant can speak to that but uh on the survey they just uh they were all loaded located landward of of the EC line uh so as has been allowed for uh major structures are allowed to come in to request to replace in repair structures uh that are seword of the EC the applicant uh the representative are here for any questions and staff is available for questions that you may have thank you Jason um gentlemen any questions for Jason this morning not for me no one okay we'll ask the applicant to come forward did you get oh it's a yak it's been so long since I've seen you how are you I'm glad to hear it um good morning everyone blow this a little bit um thank you everyone for having us um I'm Justin Yak um I'm speaking on behalf of Betty Lou Yak who is the owner of Edison beach house um and I've you know I'm speaking on her behalf Larry a passed away in 2020 so um we you know and unfortunately we had Ian and we're basically just requesting to rebuild what we had um as as Jason mentioned it look the the foot wash and the showers are landward of the EC line um and I'm happy to take any questions uh if you if there any Jason uh what the other Jason said was that they could not identify that the fo foot wash and showers were is that correct so it it appears that they're being shown on the plan as uh landord of the EC so they're not proposing them be put back it was just included as part of the application okay um so it doesn't appear that they need to request it okay so just unneeded detail apparently so okay okay um okay uh questions for the applicant Patrick how about you Doug uh no no man Jim none none John uh you know I I I am so happy to see you Betty Lou sitting back there and Jason I Justin I um your he has a brother um and uh I'm I'm just glad to see you I'm glad to see your place is still standing yeah um it's a very nice family Don you have any questions for just no questions okay okay thank you very much sir of course thank you uh I'll thank you thank you Amy I'll open this for public comment is there any public comment on the Edison Beach House none thank you very much any further questions from the board for the staff or the applicant no none may I have a motion please I'll make a motion for approval thank you Patrick is there a second for that motion I'll second okay there's a motion by um by Patrick and a second by um Don uh any discussion on the motion Patrick your vote I don hi Doug hi Jim hi John hi and I uh congratulations we look forward to having all back up and running thank you very much [Music] folks next item on the agenda is um variance 202 488 at 614 Estero Boulevard this is a resolution of the Town Council of the town of Fort Meers Beach Florida approving Madam Skip One yes I I see that I mean if you want to take them out of order no just you know what I was losing it cuz I was thinking about Larry I I'm sorry it what a lovely person okay uh sez 20230 226 275 3222 200 and the common element of 192 is stero Boulevard this is a resolution of the Town Council of the town of Fort Meers Beach Florida approving with conditions special exception scz 202 30226 to allow reconstruction of a pool deck Cabanas fence irrigation system and cheeky Huts in the environmentally critical EC zoning district with conditions for the property located at 275 32200 and the common element of 192 EST stero Boulevard providing for scrier errors severability and an effective date um are there expart Communications John none how about you Jim none uh Doug and Patrick okay me either okay thank you very much it's a group effort today uh Sarah good morning uh Sarah prop do Community Development jbo LLC and Captiva Villa's Development LLC owners of Pink Shell Resort located at 275 322 Estero Boulevard 200 Estero Boulevard and the common element of 192 Estero Boulevard has applied for a special exception to allow the replacement or repair of accessory structures that were in the environmentally critical zoning District prior to Hurricane Ian these structures include a pool P pool deck pool fence six chicky Huts plus two chicky huts with or with utilities and Landscaping and irrigation the applicant is requesting the special exception through the ordinance amendment to section 34- 652e that allows reconstruction or renewal of primary structures and major accessory structures partially or fully within the EC zoning District environmentally critical EC zoning district with the approval of a special exception the EC zoning district is the land seaword of the 1978 Coastal Construction Control line the resort appears to have been built after the imple implementation of the 1976 Coastal Construction Control line however the amenities may have been in place prior to the buildings the applicants are not proposing any additional development in the EC beyond what was in existence prior to Hurricane Ian staff notes that the lawn will likely require additional chemical applications which is of concern in the EC zoning District however allowable if uh you approve it through a special exception staff has received several letters of support from the adjacent Property Owners at your next hearing you will be reviewing a request to vacate and relocate the beach access easement the applicant has coordinated that with staff there was simply an in the processing otherwise you would have been it would have been before you today staff is available for any questions you may have and the applicant is also here thank you Sarah um were there did we not receive some uh letters that were also not in support of this I believe recently one or two I believe of late I've only received letters of support there was one to us yesterday okay then I may not have but that was a change of position that was somebody who opposed and then no there was another one okay okay okay just so it's on the record okay thank you very much Sarah uh questions for Sarah Don uh yeah the only question is I was trying to figure out the you said the additional turf or the additional grass area I mean they're adding um but you said there would be additional chemicals needed for the for the uh grass so they're adding U grass area was it sand before or per impious or what so it appears that there was a lawn area there before um and they're asking to put that back uh potentially increasing the lawn area a little bit um the applicant can speak more to that um I spoke with the environmental uh person this morning and he indicate you know I talked with him about the grass like what that would require in that area and he said essentially like it would require irrigation it would not grow without the irrigation and that in order to maintain that monoculture it would likely require additional uh chemicals and pesticides um so I did want to mention that there is a concern there um however they can have it if it's approved through the special exception good okay and just a question I guess can we um can we require um low maintenance Turf like zoa grass or something because St Augustine grass is much more much less drought tolerant needs more irrigation needs more chemicals where if you go to a zoa or something there's a lot less irrigation a lot less chemical requirements so the um environmentalist recommended a seahorse pasp palum um which is a native grass so it would meet the native grass requirement um but it would still require additional maintenance it does not just grow in a monoculture in that environment very well um I I also wanted to note um that we may want to consider this was not included in the uh ordinance or resolution rather um but you may want to consider a condition regarding uh removing the chicky huts and um in case of a storm um we may want to say in case of a named storm but it could be impacted by unnamed storms also um all the chicky Huts are proposed sea our landward of the uh new Dune that will be vegetated uh however um especially the chicky Huts that are further down they do have utilities to them and should be required to have quick release and a plan for removal I'm curious Sarah why didn't you include that in your it's it sounds like a great idea why didn't you include it there was a lot of back and forth with the environmentalist and trying to get clarification from D that we've not been able to get so got it okay so they that would be a pretty massive effort to move chick heads yeah it would yeah I I think the biggest concern would be the ones with the utilities because uh with water sewer and electric we want to ensure that those those structures won't break off um you know if there was damage to the chickies it could cause those utilities to um break and then you know we would have a bigger problem yes exactly is it only the or we could I mean just as a suggestion we could also require them to have shut offs at the you know at the building location and and then you know as long as those are shut off they would even if it broke it wouldn't wouldn't cause a problem I I couldn't speak to whether that would be adequate or not but potentially Don probably can okay other questions for yes Doug go ahead yeah I um I want to be clear I'm not sure I'm really clear on how much we're looking at was there before hurricane Ian I I frankly have a kind of a huge issue with the lawn uh being on the uh seaward side of the coastal control construction only that just seems not well thought out cuz I think keep maintaining that lawn's going to be quite difficult but then also were these uh cheeky cheeky Tiki huts with amenities and services there before the hurricane it appears that all of them were there um they have shown up in different plans um and approvals over the years um the so I guess I should should clarify um it appears that six of them are actual chicky Huts because chicky Huts don't technically have um any utilities associated with them and then the two that are closest to the water I'm not sure what those are called maybe Tiki Huts um so the two closest to the water are the two that have the water sewer and electrical yes but they are behind the um the proposed uh burm and dune and uh vegetation but they are seaword of the coastal control they seaword they're seaword of the sea CCL but they're landward of the um New doom doom system and I have to say I've I'm kind of hung up on those two seaword Tiki huts and this uh lawn area that I'm not that that wasn't there before the hurricane I don't think that lawn um the applicant has has stated that it was um I don't know what the difference in the Landscaping is in that area um they may be able to speak to that uh more succinctly than I can I think that yeah I'd like to hear from them okay any other questions for Sarah yeah Sarah on the lawn area um it extends into the public 5 foot easement there so how do we distinguish where the easement ends and where the public is encouraged have beach beach access um it looks like so so the beach access so there is a beach access that is actually on the uh vacation Villa's property so the property right to the north of that uh that will remain and the proposed Landscaping won't impact that but it will be lawn ER the the easement is on both sides of the property line um okay yeah then that might it might be good for Sarah to explain because I thought that the existing uh beach access 43 was completely on vacation village but Sarah can speak to that okay um on the vacation and the relocation of the easement there was an eror in the publication yes there was an error in timing so as a condition of this today should we make a condition that it's the approval is based on the vacation and relocation of the easement because it's not before you you can approve that as a condition um another option would be that I'm I'm planning to bring this back bring the vacation back to you next at your next uh LPA hearing and then we take both of them together to the uh Town Council that way both of them will be presented to Town Council as a cohesive P but they're not if we don't tie them together they're not tied together no at this time they're not so that would be an option to add that as a condition now the two tikis at are um seaword in the staff report it they were termed movable yes they have they have stated because that goes to Doug's question is they've stated that they are movable um but the intent is not to move them on a regular basis um but that that may also be a question that that Sarah can more adequately answer because I'm not clear I mean there are fairly substantial structures so I'm not sure on how are they M there John any questions for Sarah um no okay uh anything else for Sarah before we move on to the applicant all right thank you Miss Spectre um Madam chair we also need to ask Sarah there was disclosures made of um correspondents that was received do you have any questions that you want to ask about those it was not forwarded to us so if we could get copies that would be wonderful okay so we'll take care of that while you do your presentation okay wonderful um Sarah Spectre good morning good morning I'm here on behalf of jbo and Captiva Villa's development and I do have a presentation for you so that we can go through and answer a few of your questions and I do have Bill aulis here as well he may supplement some of my answers because he's been living this so he has all the answers all right so this is our request we are asking for the special exception I'm not going to go through all of this in great detail but I do want to show you the pictures we have in here so this is what we're asking for you'll see that does this have a pointer on it yes oh but you can't see it on the TV um so the yellow line is the Coastal Construction line the green line is where the Dune will be I have the two movable structures that we're talking about are the two that are shown in um closest to the green line with red exis through them it was our understanding until today that we did not need a special exception and this might have been um a misunderstanding on our part but they're shown on the CPD um Master concept plan so we didn't we didn't think that they needed to be included in a special exception since they've already been approved through the CPD process these are the only two structures seword of the Coastal Construction line that are shown on the master concept plan those are the only two structures um seword of the Coastal Construction line of the ones that are shown of the tiys and cheekies so the um the cheeky Huts are the ones that are closer to the yellow line with the X's the black X's through them and I'll show you a picture so you can see what those look like they do not have any sort of improvements it's solely a cheeky Hut but the eight there's six cheeky huts and two movable structures the movable structures are the only two that have the utilities to them so what we were requesting in the request today included the utilities to those two movable structures just not the movable structures themselves so um that was our understanding was we just need to include the utilities and that is what's included in the request the other thing I'll show you um you'll see that lawn area the lawn area was previously native vegetation and Lawn there were there was a large um again I'll show you a large um area of trees that were damaged by the storm and had to be removed so our proposal is to replace that area instead of leaving it sand because it was it did have pavers and um trees there to put lawn back in its place so let me show you what we have this is this is I think what I said was a 2017 aerial and the only significance to that is it shows all the Imp it's the most recent aerial before the storm that shows all the improvements and so one thing you can see there the two um structures with the white roofs those are the two movable units yes and then there's four cheeky Huts which I'll get to in a minute but you'll see the four cheeky huts with the brown roof or actually asking for six and like I said I'll get to that in one second so this is showing you that what was there before mirrors what we're asking for you can see the fence line matches identically the grass is shown there it's more trees than grass but it is shown in that location is it helpful for me to go up to the screen and show you since this doesn't to point things out I ask a question yes you just said this shows what was there is what you're asking for but isn't this yes no that that line is the Coastal Construction line this one well that one but it it then goes and that this was it it was it's NE it's right where your to the left of your finger yep all of that yes and then if you go a little further you'll see it was all vegetation it wasn't sand yes but this looks like this piece of green in here jaob are you picking this up on on audio yes okay good go ahead John looking at the drawing here it appears that this row of bases and umbrellas was previous but these areas here were not they were not developed before this was all green and down here there was a few looks like four large umbrellas with maybe twice as many chazes and now it's completely built out into the same footprint of this retaining wall it's my understanding that things such as patio furniture and umbrellas don't require special exception because they're movable and remove removable so we're only asking for the fence vation and it's not now the state that all you're asking you're asking for more because you not to men Islam was this native plant area well the native plants were damaged by the storm so but you could put back you don't have to put that on can I go through the rest of the presentation just to show you what it looked like before and what we're proposing okay so we did have questions about the number of cheeky Huts the use of the lawn and I do want to touch on the beach access even though our plans have changed since we were before you the last time but it is the plan that's before the town now so this shows you the Chey Huts there were originally six we show you the historical documentation that shows the six um there was a settlement agreement with beach villas which is to the south of us where they did not want any of the cheeky Huts in front of their building the building is just to the north well yes it is to the south of the um main building so what we're asking for is to put the six back that have historically been there before the settlement agreement and shift them to the north so they're not in front of beach villas and beach villas did not have any concerns with that to our understanding this is the picture I wanted to show you to show you what the um cheeky huts look like here you can see it's just basically a cover so anyone that wants to enjoy the beach and have a cover over them it's basically a a nicer Cabana area on the beach so that they have cover while they're enjoying the beach but there are no utilities or other improvements within the cheeki Hut this is the area that was there previously you could see there was lawn there these are the trees and pavers that were in that location we're just asking to not put the trees back but instead replace it with lawn and there was a concern the last time so I just figured I would cover it this time um the our neighbor to the North Vacation Villas had concern about the use of that area because now it is lawn instead of trees but this is a depiction of what took place there prior to the storm when the trees were there it was used heavily for um different types of Ceremonies such as weddings then you can see here people are using that area regardless of what's in that location you've got people putting the um the uh tents on sand on the pavers a floating deck and then also enjoying the lawn and uh pavered area so the point in this is regardless of what goes there these things are still going to take place we would just like to provide a nicer location for them to tap that without having to put a floating deck or um being in the sand so that's the purpose of that request but it's in line with what was there before the last thing we wanted to touch on is the um beach access right now I've outlined them in red they're a little hard to see up there but there are three beach access points that serve the be the pink shell property and they're outlined in red what we're talking about is the one that's in the middle the short one just to the right of I'm sorry to the left of where it says 800 yes yes so what we're asking for is to relocate that right now that goes through a pool deck where we would like to fence it off so that our um guests are safe and secure within the pool deck and what we would like to do is move it to the middle of the resort where you see the green um Arrow because that's where we have the highest concentration of staff and they will be able to um direct those using the beach access to the beach through um underneath the building and through the pool deck um the reason why why this is a a much better location is where you see it touching a stero Boulevard there is a trolley stop there and other public benefits include under the building there are public restrooms or restrooms that will be open to the public and also um other amenities such as food and drink that can be purchased there um by the public so we thought this was a better location um we originally had suggested that we would combine it with the beach access to the north but that did um come with some um our neighbors were not as happy with that we understand now moving this to the center of the property that there is no concern at least until this morning I was of that understanding so I hope that's still the case um the rest of this is just going through the special exception criteria more than happy to do that it's in the application um which I would ask to be submitted to the record and um if you'd like I can go through this or um answer any questions that you may have let's see what kind of questions we have okay Don do you have questions from inspectre no nothing further Patrick um Mr bone brought up the the fact that the uh on the North side the the access is a shared access basically it's on partly on on the subject property partly off of it I'm looking at the survey that's the case um okay can you address that what's been discussed with the neighbors and and and how that's getting worked out plus we had concerns last time from the neighbors for the use of the lawn if you can talk about discussions you've had how things have been resolved where things stand sure the one thing I did forget to mention to um Mr bonees point is that will be pulled back so the lawn will not go all the way to the property line we will pull it back because there is 6 ft that is on um the pink shell property that is dedicated to beach access so that is one thing that we will be doing and um bills had the conversations with the neighbors so I'll ask that he share that with what I see on your on your survey it says 3 feet on your property 3 feet next so total of six I'm sorry yes it was going to be 12 so yes sorry for the record bill whiteis president uh Pink Shell Beach Resort and marina um that lawn it on that drawing it's like 25 ft shorter because it's the beach access and then also we we bring our vehicles out through there so we wouldn't be driving it over the lawn um you know our tractor for grading the beach um you know the kotas all all the all the permitted vehicles that we have to bring out on the beach for the operations comes through that section there um I've met with the board at Vacation Villas and discussed a vegetation barrier that we will put in and provide um uh I met with Chad to make sure that the plants that are put in there that are are compliant native plants uh cocoa plum um Sables um the the the um in front of the GL grass is our plan is to put um the D vegetation the same vegetation that's going on the Dune out on the beach in front of the grass also so there'll literally be two Dunes before you got to the lawn area um as Sarah mentioned before that area is very popular with um us doing weddings and on the lawn that we had there before um I have many brides watching this presentation right now waiting to have their weddings with us right now and determining what they bill way to throw sentimental pleas they will just ruin their lives yes um but uh yeah so uh but we've worked with vacation vill as is to to put a a a d a um vegetation barrier in there between us and Them Doug do you have questions for Bill about that about that buffer um well that makes it better I mean I like to hear that but I don't see that on any plan so I guess I got to take your word for it that you're going to do that you could make that I mean if you wanted to make that as part of your your condition it's not an issue with us at all we've I literally just received yesterday the um the plan from rvi our landscape architect um detailing all the plants out so like it's a requirement that we have for ldo so we would be priding it then but we have no issues with you know native plants you know we lost a couple of the Palms in there um U which I can't believe Co coconut palms are not allowed but so um Royals are are a native so we would be putting Royals back in the in place of those coconut palms that we lost I think you'd want some palm trees or something to break yes we do yeah venue yes um there was a question earlier about the pool deck area that the the pool deck wise is exactly the same you know that plan that you're seeing above doesn't include the the kind of there's a vegetation barrier in there that we've got you know it's the landscape it's not all pavers so if you can imagine that that there's there's a vegetation in there on that deck otherwise it wouldn't be as enjoyable it's just not depicted on that plan but the the deck wise is exactly the same it's the same footprint John that was that was a point you brought up did you have a follow-up question for for Bill on well it's similar concern is that it's just not shown right um I it looks like what was native Landscaping is now developed if it's going to be landscape that's great but I don't I just don't see it yeah there was kusas on that deck before um we've got it's all planted um U but again you could we could provide a a uh a landscape design if if you if if the council would would request that's that's not an issue Sarah how could you craft an additional uh condition that would satisfy the concerns of Doug and Jim not to put you on a spot but we think about that as we as we keep going okay is that is that regarding uh the Landscaping in general the pool duck Landscaping the lawn landscaping which portion uh think it's all of it yes and yes I mean we we could just have a general uh condition on upon approval of a landscape plan without specifying what part of it yeah okay okay Doug you said you had another question I think these being rebuilt build does that really meet the Criterion of a minor so I think if you're putting the tiki well no problem we allow major structure but we that that's what we Chang that's what did the folks before them were asking for a change to a minor accessory a major water andc Patrick what if it's allowed the the utilities are existing we haven't replaced them they're still there so so we haven't we're not asking to replace or um they're all they're all there I thought you just said you were asking to replace the utilities no for approval of that oh approv are the Don after are the utilities is it water sewer I mean is there is it is it just electric I thought I heard water sewer and electric the the the one Hut on on the left um well my left is uh is a is a beach bar um it's approved by the state uh D um has no issues with it we've had calls with them it's been been there for uh since I've been there a long time uh we have a liquor license that extends all the way to the water it's I know it's unusual um but it's come up many times in in and uh with the town um but it is it's a vested right that we have the other Hut is a nature center um we educate the that one we educate the guests on the Turtles um uh garbage uh there's there's displays there's shark teeth um it's a whole Nature Center and that we do as education um uh so U but there is power and water to that Hut there is all three utilities to the other one yeah so power water to one and to the bar power water sewer yes ma'am okay Don additional questions no I think that covers it okay any other questions for the applicant Jim well I know you haven't seen it but uh the objection letter that we received yesterday um do you want to try and address any of their so Sarah we did forward them to you so you may have them in your emails you didn't see it either Sarah could you forward it to our Sarah I sent yeah it came yesterday at 3:21 I may have thought one that I can't hear can you go ahead and describe who it's from it's a letter from uh Katherine Schultz and uh let's see it the subject is objection to sez 20230 226 do you want me to just read the letter for sure go ahead I mean it's really long no no don't uh but I mean I can read it no that's okay let's just have Sarah and Bill did you see if they want to um respond to any of it one of the issues that they're addressing is um beach access 42 yes right and that we've addressed by not moving it over to them that's the that's going through the middle of the resort Sarah if you could just pull that mic down just a little bit I never know if I'm allowed to touch it yep you can touch whatever you want here okay in addition I mean my conversations with the board um from that Association the fact that we're not combining it there they're in support of us moving it so there was no concern there's really three bullet points there mhm in the mid part of the letter about the new development being approved well they they first one has to deal with the uh the lawn area the lawn area of the beach access and what was the number of tiis increased my only comment was in the second one there's a statement that you've received a d warning regarding the um Beach Bar and the Nature Center and how that was addressed yeah we we uh received a letter from DP requested us to have a meeting with them I had a meeting with them and they had no issues after the meeting so okay any other questions for the applicant anything else you'd put like to address from that letter Sarah I think we've addressed okay very good okay thank you all very much thank you we'll call you back if we need you I'll open the public comment is there anyone here who wishes to speak and public comment for this application there's no public today no all right we'll close the public comment um gentlemen any any questions for staff or the applicant as follow-ups one go ahead Don just for Sarah if she knows is there any other um huts on the beach or structures on the beach anywhere on the island that that include um all those utilities besides that just curious I am very unsure of that I actually wouldn't have been able to tell you that those Huts had utilities so I couldn't tell you actually longtime Beach residents may be more likely to know yeah I mean I I'm aware of at least you know one chicky Hut that had power before the storm and I and I think there were you know four or five like a light or something like that or a plug but for the most part they were either right at the Coastal Construction line or uh you know are just over it these are obviously quite a ways Don are you objecting to the utilities at that location well I would I would object to utilties out in the middle of the beach I would but but uh uh I'm struggling because these were here before the storm right so yeah and I understand this is a business and you know it's a re and and um you know certainly the Education Center's great um not sure why education center would need all those you I mean I understand somewhat power but not the other things but uh just makes me nervous having uh having utilities that far from you know this the core structures where they originate bill can you come back up for a second I've got a question for you so do those do those structures I don't remember who it was and mentioned have shut off valves yeah there was a emergency shut offs for all the utilities so if we had to go under an evacuation we shut them down and we can remove those two structures that they're on skids they're not they're not um they're not they're not in the ground the the the six cheeky Huts will be pilings in the in the into the beach those are already proved by D um their structures um the other two are are removable will you remove them yeah if we were under evacuation we would remove them yeah okay get can I ask another question yeah please um two things one were they removed for Ian first question uh one of them was the other one uh uh did not we had one of them removed unfortunately even removing them didn't matter and with Ian because we had them in the parking lot they they're gone okay and then the second question is um are the shut offs I understand you have shut offs at the location for obvious reason reasons but are there additional shut offs at the building structure for those utilities I'm just thinking you can shut them off at the structure and move it away but with erosion and you know all the things that happen in in a storm um it seems like they shut offs on both sides so okay landward side of the EC and then also at the structure okay thank you thanks Bill thank you very much thank you madam chair any other questions for staff or followup to the applicant can we can we ask for a like a landscape plan to be part of the landscape plan gets submitted with their development order is that not correct Sarah right yes that is correct what you can do and I think that the applicant testified saying that they would that they have um worked with staff to have native Landscaping um uh I it I suppose you could add that somewhere if you go ahead Patrick well I think we we can add it as a condition where it's going to be part of their their development order for sure but before it gets the council it could be part of the packet so council could actually see that what they committed to is actually on the plan so I think you know they they committed to um some addressing some of the concerns that were B brought up that the the deck area would be land landscape but the deck area Remains the Same um I think there was um issue of providing shielding so in my mind that's a a buffer to the adjacent property where the lawn is so um I think I think that would be shown on there and that will bring Comfort to the uh neighbors next door and I think also the other concern was using native species and that would be depicted in in the plan so when they get the hearing it'll be on paper everybody will see that they're they're they're meeting their commitments yeah I think that would be if we could ask for that I think U that would be good Patrick could you make a motion um I'll make a a motion for approval with uh staff recommendations and also a um requirement to provide a landscape plan for um the council hearing that would include address ing native vegetation buffering to the uh Northern property and also landscaping around the pool deck and access also mention he also mentioned U Landscaping buffer or Dune like smaller set of dunes and I would include that also the uh Seaside the Doom plantings um that's secondary to the the the overall Beach Doom plantings hold on let's see Don did you have something you wanted Patrick to add yeah aren we adding aren't we also tying this to the next hearing discussion of the access easement are we not tying them together well access easement since there was a it wasn't ready for today I don't think we can actually address it as board um you you could uh condition approval on approval of the access easement that way it doesn't move forward until it's yeah um can I also recommend um requiring some sort of a plan uh regarding shut off and evacuation um I'll amend my motion to add these two um friendly evacuation and also the uh tying the conting contingency of a approval upon obtaining the easement um relocation okay uh is there a second for that motion second it are you clear on the motion is everyone clear and satisfied yes very good Patrick your vote I Jim I don I John I Doug I I motion carries unanimously thank you very much folks good work with your neighbors Bill who seconded that Jim did the next item is variance 20248 at 614 Estero Boulevard this is a resolution of the Town Council of the town of Fort Meers Beach Florida approving approving with conditions or denying v202 400088 is a request for two variances from the Land Development Code table 34-3 to decrease the required Street setback by 17 ft 6 in from the required 25 ft to reduce the rear setback by 12T 1 in from the required 20 ft in the RM zoning district for the property located at 614 Estero Boulevard and providing for an effective date any exp parte Patrick none Don no xart Doug no no ma'am Jim none John done and I have none Sarah good morning Sarah propes with Community Development the applicant for 614 Estero is requesting a variance of 17 1/2 ft for from the required 25 ft setback on the front of the property and a variance of 12T 1 in from the required rear setback of 20 ft these variances will result in a front setback of 7' 6 in and a rear setback of 7 ft and 11 in this property prop is zoned RM and is one of the non-conforming cottage lots that is accessible by a 15 ft easement with 7 1/2 ft uh with a 7 1/2t easement that runs along the side of the subject property the lot is 60 ft by 50 ft and the applicant is proposing a single story home over flood elevation it is larger than the previous footprint however so it does not comply with the administrative variance regulations the surrounding property owners are similarly sized and situated in is anticipated that many of these homes will either choose the administrative variance option or require setback variances staff is available to answer any questions and I believe the applicant is also here and Sarah you recommended approval of the request yes okay uh questions for Sarah on this Cottage lot hearing none we'll have the applicant come forward good morning good morning my name is Nick Mary with my Builders I'm on here on behalf of uh Larry black good morning thank you uh yes we're seeking a decrease in the front in the rear setbacks uh in order to build something uh you know without the variance it would be next impossible to build anything whatsoever um so we would have a reduction in the rear setback uh to now a 7ot and 11 setback and then a front set back of 7 fo6 uh could you remind I'm just trying to scroll here to get to this section can you remind me how big the house will be uh 1088 ft so would be 30X 42 mhm okay uh questions for the applicant Don anything no questions uh anybody here questions I guess if does the uh the proposed setbacks comply with like building code building development requirements outside this um yes I did include a condition in here that no part of the house could encroach into the 7 and 1/2t easement because that the the 7 and 1/2t setback that they're requesting is where that road goes through or the access easement goes through so I want to make sure that no component of the house you know doesn't have shutters that might hang out or anything like that so that it could block access because we know that that limited width MH okay any other questions for the applicant thank you very much sir we appreciate itk you I'll open the public hearing is there anyone who'd like to make comment on this hearing none we close the public hearing um any other questions from the board for the staff or the applicant hearing none may I have a motion I move we approve uh the uh request for 614 Estero Boulevard including the three staff conditioned thank you very much Jim is there a second for that motion I'll second that thank you John so there's a motion to approve including the conditions of the um in the staff report there's a second for the motion is there any discussion hearing none Jim your vote I uh John hi Don I Doug I Patrick I I motion carries unanimously thank you very much next item anybody need to take a break or we keep going Zippity Do doll okay next question next uh case this one was interesting um is the variance 202 40084 6140 Court Street this is a resolution of the Town Council of the town of Fort Meers Beach Florida approving approving with conditions or denying variance V 20 22484 requesting a variance from LDC 34174 B to allow pickle ball court closer to Street than the principal building at the RS zoning district for the property located at 614 Court Street providing for clarifications is necessary providing for conflicts of law scrier errors severability and providing for an effective date Patrick exp parte none how about you Doug uh no man uh Jim none John none Don none I have none as well um Jason good morning again for the record my name is Jason SMY with your planning and zoning department as was mentioned in uh Anita's uh excuse me English this morning as was mentioned by Anita uh the structure at 6140 Court Street is requesting a variance to to develop a pickle ball court uh the reason for it's a first it's a first I love it the reason uh for the variance is because the structure is being proposed forward of the primary structure staff wanted to note that the setbacks uh they would be providing at minimum 25t uh Street setback it appears they're going to be providing a bit more than that uh the dimensions of and they will be respecting the sides setbacks as are required for all Waterfront Lots they will be required to meet the minimum 7 and 1/2t setback so the structure itself will be within the setback requirements uh again the ne the necessity for the variances forward of the structure uh the proposed pickle ball court is 25x 45 with an area of approximately approximately 1125 Square ft uh the applicant has proposed to produce or to plant uh buffer material to help buffer the street and the neighbors from the pickle ball court um as part of the redesign of the property the pickle ball court is being proposed after the original design the house was originally permitted in 2021 uh it is currently uh going through finalization to get a CO part of the um changes here have affected their their house uh build and so the design is uh the design will reflect whether or not they can get approval for the pickle ball court specifically their driveway design and their um drainage plan uh the staff has put three uh three particular conditions uh for have requested three uh particular conditions that would be to meet the minimum drainage plan to meet the neighborhood uh flooding code and that the um the court itself cannot be used for commercial purposes uh it's going to be intended for the use of the applicant the homeowner the tenants or their guests and that uh any noise violations would fall under the standard noise uh code for the town if there are any questions or concerns for staff and our process we are here otherwise the applicant is here for any questions that you may have for them thank you Jason any questions for Jason the uh exhibit that's attached appears that the pickle ball court and the driveway are together there there's no separation at all it it appears in their drawing yes that they are proposing the pickle ball court going right up to their new proposed driveway design uh at least on without a fence or Landscaping there's a landscaping no but on the Drive side no no Landscaping on the drive side no it's just this one so I mean that could could be used a surplus parking right yes if they didn't want to play pickle ball anymore yeah yeah U that's correct yeah it's contiguous it is contiguous uh staff cannot say for a fact that they couldn't alternatively use it for any number of things besides the stated intent of pickle ball uh but again they have they have proposed providing their own buffers as part of the plan uh I would also note that uh fences and lights would be allowed in a maximum of 12 ft in height on the structure if approved uh provided that they meet the uh the turtle codes but there's no fence included now uh at this point we haven't discussed whether they will add a fence they could do that by right if approve for this plan as well as lights as long as they were Turtle friendly they would be uh allowed at a ma since they're new light or they would be considered new lights uh they would be allowed at a Max of 12 feet high but they would have to meet all of the requirements of the turtle code so yes the lighting wavelength um shielding downward uh facing and then ensuring that none of that light bleeds onto either of the properties uh north or south of them okay Don any questions for staff no no questions okay and any other questions thank you Jason you're welcome we'll ask for the applicant oh come on pickle Ballers this is the most interesting application we've had in a long time I've been called uh Mike pen for the record pnn with Potter Holmes hello Mike I'm K kic owner uh of the property with my wife Laura Laura Hello nice to meet you all thank you yes thank you thank you um okay make your make your case here I would just say that we have a very unique property here yes you do in in general based on other properties that I've worked on here on the beach this is first of all it's off of a stero Boulevard so it's tucked back off to the side I'm sure you guys are aware of Court Street and where it is uh that beautiful Long Beach in the back and then um in addition to that we have a a sizable front yard that allows the opportunity to do this which is fun uh potentially and uh I just as was noted by Jason um just saying it would be strictly for Homeowner use their own personal Recreation their children they have three grown children that love pickle ball um and they do too so just kind of a fun little thing that that they thought why not why not give it a shot so uh we are obviously very interested in adhering to all the current rules regulations setbacks light requirements which I don't think we do lights anyway but uh that's unnecessary because we playing after dark they'd be playing after dark and nobody wants to do that so um just come before you asking if if there are objections we're happy to answer any sort of question about it thank you Mr uh questions for uh or would you guys like to say something I will yeah um we've been planning on making this our our forever home since before Ian we were delayed obviously for a couple years um by Ian and the subsequent construction delays um it's not going to be a rental property never will be uh we're going to be full-time FMB residents we're happy to finally be completing this home and um we just want to make it the best family environment we can make it um it's not going to be out for rent it's not going to be extra parking we're going to play we're going to stay in shape we're we're an athletic family well other there's more than me but we try to be um and we're just trying to make it the the best property we can make it um no other motives we're not going to play at night it's not going to be a lot of noise um not going to be crowds this is our home and instead of a backyard we have a front yard because we're on the beach so well welcome to Fort Myers Beach we're happy you're going to be able to finish your home we we've had a condo for almost 10 years now so the has been a a progress good for you good for you yeah thank well it was an interesting application when I came to it I went w there's a first there's the first so thank you I will say one more thing that we are treating these as separate entities we do have a revision in currently for the new driveway design and uh did you say you had the landscape drawing up uh I have one up because the the the colored sketch that was shown earlier is something I did preliminarily before we had the landscape architect draw it up so that does show a bit of a around the court itself it is contiguous but would be probably just because of the impervious perious uh percentages we would probably border the court itself with something more perious rather than the impervious court itself so it would be contiguous but it uh it could be used for I just thought I'd bring that into clarification and so with the current Revision in right now for the driveway the the redesign of the driveway we're in drainage right now we got rejection yesterday on the on the new proposed drainage plans so we're working on getting that rectified so we are treating these as separate entities we currently have a TCO we were able to move furniture in and they took ownership of the house two we a week and a half ago great um even without a driveway but hey that that's how excited they are to be here for for sure so um we will move forward then with the driveway design once we get approval with that and continue and then uh yall can have your way with the pickle ball court as you see fit excellent thank you Patrick your question I had a quick question for the applicant um the landscape plan that you showed us looks great um I don't know if it's finalized would you object to making it a condition of approval that it goes along with your variants and I think that's just standard good standard practice that if people come here with a landscape plan or with a plan that we make it part of the condition of approval because things can change along the way and and if people say that's what they're going to do we make them stick to it so no pun intended we'll play ball okay perfect absolutely fine okay very good thank you thank you folks very much thank you thank you yes uh I'll open public comment is there anyone here who'd like to comment on the pickle ball court okay thank you very much uh any further questions from the board for staff or the applicant and hearing none may I have a motion please to approve the request before us I'll make a motion uh that we approve moove uh the application for the variances is that a variance or yeah variance variances and um with staff's condition and the condition that the landscape plan be included as part of the approval thank you Patrick is there a second for that motion I'll second okay uh it's a motion by Patrick and seconded by Doug uh is there any discussion on the motion hearing none your your vote Patrick hi Doug hi Don hi Jim hi John hi and I vote I congratulations folks thank you I'd like you to call me when it's finished because I'm dying to see this dying to see this all right the next item uh is ordinance 2410 to specifically rehear the property rights element and to hear the capital Improvement element an ordinance of the town of Fort Meers Beach Florida amending the town of Fort Meers Beach Comprehensive plan in its entirety pursuant to um 163318 43 Florida Statutes providing for adoption of the town of Fort Meers Beach Comprehensive plan 2040 including amendments to the Future land use uh element and the future land use map the community design element the transportation element the housing element the historic pre preservation element the utilities element the conservation element element the coastal management element the recreation and open space element the intergovernmental coordination element the capital Improvement element and the property rights element inclusive of all Associated tables ex exhibits and Maps authorizing findings and administrative actions providing for transmitt providing for severability providing for scribers errors and providing for an effective date Sarah good morning Sarah propes Community Development um these two before you you have the property rights element and the uh Capital Improvement element those are being discussed specifically today because of an error in the advertising I inadvertently left out the the advertising for the property rights element um and included it and I did not receive the capital Improvement element but I thought I had and that was advertised so I advertised for one that was not in there and I did not advertise for one that was in there we're going to forgive you yeah I appreciate that so today we just needed to advertise and discuss property rights Capital Improvement element thank you very much um everyone's reviewed this does anybody have any uh comments or or uh questions um go no no please Jim go Sarah um there's a number of comments in here that I think are very appropriate but we don't have the answer to them and you know for the first one there pink compliant that you've moved over compliance with what is a valid question so do we have answers to your comments um I so I sent these to the consultant and I thought I had deleted them when I uploaded this so my apologies for that clearly this was not my best week um so um with this one so they they deleted um criteria policy 11 A4 below um so I would propose o sorry I would propose that we um change that to be the uh same number that it's been changed to so that would be cie1 A3 so in compliance with the CIP fiscal policies um does everyone agree with with that change to the language okay yes yes let's maybe back up with the publication and non-publication that you did should this be continued till you consolidate that or are we okay with the fact that you missed one and you added one you don't have or yes no um you guys have to see every element and recommend that on to the Town Council then the Town Council is going to see them all in full at their next meeting so that's why I so we can pce me this and you're okay yes okay um you Patrick had a question I've got a question and a comment uh it's not related to any of the edits that staff has made however under the capital Improvement program um there is some some some language Sten about plan versus program what page is that Pat um 352 okay of the um PDF um but one of the things that that I don't know if how everybody else feels here about this but um I I would like to add more specific language to the CIP language here um requesting more details when the CIP comes forward um under the old regime if uh some of you recall we were given a capital Improvement plan with very very broad categories for expenditures with no detail as to what the actual projects were under those broad categories and I I think at least three years years in a row I made it a point to ask for more detail and we never got the detail I think we've got a different regime today and uh we are seeing that that more detailed plan however I think we could ask for staff to add uh description as to what the de the the level of detail is expected in that in that program uh and I think that would just ensure that we when we move forward as a town every when it comes uh in front of us we're not just given very broad categories of landscape improvements y we are actually given the the projects and and a list of projects and a list of costs and exact locations you know that type of thing so I I would make that recommendation I don't know how everybody else feels I would uh I hadn't thought about that but I would agree and I what you're describing seems to me like if you will the standard of care for a typical CIP is based on projects that have been identified yes and they change I get that but at least you had something in mind when you prepared the CIP that you know Landscaping uh Beach accesses or some specific not just a broad and also that plan comes to the LPA every year and I think it just gives us enough enough detail as an LPA to ask questions and and kind of help mold those decisions and and you know the the idea is when we look at an LPA and we review it we assess if we agree with the priorities of where the money is going to be spent and if I'm not told exactly where it's going to be spent how can I do my job so Sarah How Could You incorporate does anybody object to that suggestion I think it's very good no no how could you incorporate that here I don't know I'd like you to tell me oh a detailed line it yeah I think I think something about adding adding something in the paragraph saying that the CIP will should include a detailed line item of proposed projects let's see let's see where we can let's look exactly here um maybe it's a policy under fiscal policies uh no it's a let's put it under process um the proposed CIP shall be developed by the town manager or reviewed blah blah blah and the capital need needs identified in this comprehensive plan um probably under small ey double eye yes the proposed CIP shall be reviewed uh by the well maybe something it needs to precipitate that because you want it to uh you want the proposed CIP that's reviewed by us to be detailed so prepared by the town [Music] man so would you put that in I Nancy yes that would be my suggestion so the proposed C shall be developed by the town manager with in insufficient detail insufficient detail is that good enough Patrick um sufficient detail including subjective uh including a detailed list of proposed projects with exact uh estim made a cost something like that mhm did you get that Sarah mhm look we have our favorite guests in the room the standbys oh yeah I'm pointing it to you all back there um so we would change it to the proposed CIP shall be developed by the town manager included do we want to say insufficient detail and including a detailed list or do we just want to say including a detailed list of proposed projects with estimated costs insufficient detail to include a detailed list of proposed projects and Associated cost and Associated costs and the usually a CIP has the timeline to like yes it does you know it's like these are I don't know if you have say but you know listing projects costs and you know the time of implementation or yeah because it's by year it's a five year plan you can move those projects up and down the five [Music] year okay is there any are there any other um uh comments or suggestions to add to these elements I have well if we could go through the staff comments on page 353 Sarah's question is does this table still exist Does this table still one [Music] moment does this table still exist so that's basically your Capital Improvement plan we're discussing uh yes we do not at this time have a capital Improvement plan um I spoke with uh Joe regarding this this is in the works but we don't currently have it uh we may want to keep this in here to reference that it should be part of it yes but we don't have it at this time yes so we should forget we don't know if it'll be a table but we should make it so that it is included maybe we can just generally say the capital Improvement plan shall be included [Music] I think the answer to your question Jim is yes and we we should we should include it I [Music] agre so do we want to say I guess the struggle is because it doesn't exist at this time right so maybe we say the capital Improvement plan presents The Five-Year schedule of Capital Improvements to be uh it doesn't say table but it does say what the plan would have yeah Capital Improvement PL typically in the form of a table present the years okay did you get that Sarah yes good I've got a question on know this is a sort of a technicality on page 3 54 the item regarding a sanitary sewer service can you refer to the policy number for me uh yeah it's policy uh cie1 [Music] db-1 item 2 a okay um I think it would be that's sort of an incorrect statement the 200 gallon per day per capita per equivalent residential connection it might be is it possible to say something like sh follow Lee County Utility standards or something like that because they have a more complete um their standard is 200 excuse me 250 gallons per day per ERC I contacted them and asked them for this specifically like I called them on the phone and this is what they told me that's what they told you yeah it's not does I can send you what Lee County's standards are if you want but it's just it's incorrect because an ERC and and per capita incompatible statements you could say 100 gallons per day per person or you could say 250 gallons per day per ERC but then but you can't they're different things it's his area just something I happen to know about had to do I agree so I'm not sure what say so anybody who's ant in this the town of Fort Meers Beach followed Lee County Utilities standards for Wastewater service so do we want to say that instead yeah because okay a because our Wastewater service is provided by Lee County anyways yeah that's what Don okay experts y so we would if you were doing something if you were doing a development year you'd have to meet Lee County standards anyhow because they're providing the Wastewater service thank you Doug so how do we want to say that um I'd say for sanitary sub service um compatible with Lee County Utilities standards current if you want to say current standard compatible with Lee County Utility current standard yeah I would just say with Lee County standards that way it's at any given time Lee County Town doesn't even U right right nor should they okay thank you and then can we uh the next comment down about the storm water element can we address that didn't we have a stormw water management element in the comprehens we have a storm water management plan I don't I don't know I don't think it's element and I would wanted part yeah and and that's what I had asked the uh consultant and they said that they moved all of the components uh into this into so they ensured that we had everything that we needed um so this is being eliminated yeah so there is a need for okay A a specific element I just wasn't sure because it was referenced so I was unclear okay everyone clear on that no no no what are we saying we're saying that do we have a storm water management element as part the comp plan or is or are we just saying that have they St water man land which is outside that's what I think we're saying is that not correct Sarah that is my understanding let me double check real quick this it like we're saying the comprehensive plan states that we shall have have a storm water master plan it says comp of the evaluation under there you know from uh for the uh Public's edification here um storm water element is not a required element for master plans and uh while sometimes it makes sense to add elements that are not required by the state most of the time you stick to what the state requirement are a little easier to maneuver if you do want to make changes in the future so we did previously have a storm water management plan um I don't think that it necessarily makes any sense because we don't we Element no I mean we had an element yeah we did actually have an element um but it does not really make sense for us to have an element and it's not a required element um so so the consultant actually moved everything out of here that they thought was necessary we're still required to meet the state regulations and that's what we'll continue to do um the town doesn't necessarily have anything a lot of the things that we're in here were not really in line with what's currently required and that's prob part of the problem with this is when we come up with different requirements they don't line up with what we're actually required to do by the state and the state is the one who enforces this okay so do we even need are you so we do not need a storm water we do not need a storm waterer element we did previously have a storm water element and we have all the components that are necessary in order for us to get through the state process so in this particular section are we deleting it or we leaving it as you have it with line throughs and whatnot let me get back to my um I think that I mean I think it's fine if we were to have a storm water master plan I don't know if we currently have one I don't think that we should refer to the storm water management element I don't think it's problematic to have some level of service referenced in here though we should policy even in the policy statement even if it just says we're going to follow State Standards yeah yeah does the state standards I mean what part of what you have here is your your sort of your goals for level of service m is that something that should be in the comprehensive plan or that does it not need to be I see a lot of communities that do that do establish a policy or a goal when when it comes to storm water but it's not a whole SE separate element just like a housing element or element that that's what I'm saying I just want to get the terminology correct I think we should have a plan as a town for storm water yeah but let's get the right terminology that's all and I am under the impression that we are working on a storm water management plan um you know that's our um the different ranked roads that are going to they're going to be doing storm water management for those so we are working on one I'm not sure if it's complete at this time but I think that it would be okay to reference that and to have level of service standards okay so are you are you suggesting we strike the word element and put [Music] plan I think that works n ncy is saying yes yeah okay good thank you all for working through this with me you're welcome Sarah thank you uh anything on the recreation um uh cie 1 B3 I would note um that we previously I mean what it previously said is that uh there are standards for Community parks for each 7500 permanent residents um and I think that our visitor also use our our beaches and Parks um I don't know if the language I inserted there makes sense for you so this is uh policy cie1 B3 um but I included uh the town adopts the following standards for Community parks for each 7500 permanent residents and then I added or visitors staying at hotels motels and resorts on the island could you just leave all of that off and say that there's just the town adopts the following standards for Community Parks period and well th this ensures that we're actually asking for things when somebody comes in with a large development okay so this is how we figure out if we're in line with what our comprehensive plan says okay yeah you could say permanent or transient res residence to simplify it but the point is 7,500 people yeah I like whether they're resident or transient doesn't matter so do we prefer it to say transient or do we want to say or visitors staying at hotels motels and Resorts cuz part of part of with transient I was thinking that people just come onto the island they are transient that's right they're not staying on the island but they come and visit but there would be no way for us to account for them I see yeah how do you apply this is it based on the number of hotel rooms or occupancy rates or yeah so that would essentially be what it is if somebody is proposing um a hotel and you know this is how we ensure that that adequate um money is given to parks to transportation to I mean this is how we determine what our expectation for service is in the community so we would have to set up a uh a fee schedule based on you know impacts to those facilities okay i' like the i' like the wording you have here personally okay okay I'm okay with it good Patrick okay looking at the uh the next policy transport Transportation it's more of a question because I don't want to get into Transportation debate here but it it talks specifically about Estero EST stero is a County facility and it's also identified as constrained roadway does this polic is it meaningful in any way I don't think it is yeah because sterile we can't regulate that yeah we can't there's no way we can regulate or control that I I don't even if it I think that we could say that we had a level of service standard if there was anything we could do about it um I don't know that there truly is and I don't know how we would have any jurisdiction I think maybe it becomes a council policy decision yeah because it is political I get it uh but I think maybe the town needs to get talk to Lee County and get advice from a transportation expert but to me I don't even see the need to have that policy whatsoever um and and again it it IT addresses a stero if it was you know for other roadways other than a stero that'd be different but simply addresses a a roadway where we have no jurisdiction so maybe Council can look at it maybe by the time this goes to council there could be a note or someone can have looked into this and T Le County but uh we're looking at this as a result of a financial impact correct no it's it's kind of it's it's part of our decision-making policies um so if someone were to propose uh for example a a comprehensive plan Amendment so if they were to propose um a future land use District that had higher density um we would look at this and determine if this has an impact the problem is we don't have a way to resolve it so we can't change the standard but in your evaluation of any projects that come through you look at what the standard is from Lee County and you measure and make comments based on that is that how it works I mean honestly I feel like this is I feel like this losos is a moot point because it it isn't Lee County's standard it's our standard but it's not our road no but that's my question is if we're analyzing a project that comes in MH and it has an impact on Estero MH we have no jurisdiction on Estero but if we say that it has an impact can we collect a Financial contribution even though it's not our road for use other places for transportation needs I believe we can so therefore if that's the goal the we have to have a Nexis though we should have it yeah do we collect do we collect currently an impact fee for I don't think we do we should that is that I don't know if we do okay but I know we do have funds from Impact Fe so at some but but I think U notwithstanding impact fees I I think Jim's comment is a valid one so if someone comes in and at some point if we decide to have a a a shuttle to the airport for example and and and you can create that Nexus and demonstrate that we have congestion this will alleviate congestion so it is beneficial that is improving the condition then that's your Nexus and you could impose some kind of a fee so I think I think that's that's a good point yeah I think whether it's water taxi shut path anything yeah turn Lanes you know that that's operational that improves the the flow so okay okay and I got one more the public schools yes mhm okay so and and here's uh here's my concern and also my understanding is that you know we we pay taxes to the Lee County School District school district is responsible for public providing Public Schools the elementary school on the beach is is you know provided by the school district it's not a it's not really a town requirement per se however the way this is written is our level of service is we want one school and again it's a little bit like the roadway I think we should keep that there even if we're not the ones that control that um we we are publicly stating as a town what we expect what we want and we've had a battle for our school after the hurricane and should we have a battle in the future I would would certainly like my town to to make it very clear and explicit that uh a beach school is important there's value to it and it's part of our community and that you know should any battle in the future arise it it's it's it's been stated as a policy and as a priority for the entire town I agree with you Patrick does anybody disagree with that no okay Sarah no oh yeah maintain that not remove that that strike through if we can um so keep it the way it is or add back in some of the items that were struck through yeah the struck through with the elementary school right there just the Elementary School portion yes okay well would you want to would you want to eliminate or would you want to remove the strike through what if that school of evolved into a um magnet school yeah or K through 12 so wouldn't you want to keep all the options in would that be a special purpose school I don't know I think so but I don't know yeah I mean you you might consider how santelle has the don't they have like a water school or something I think we should leave it all in school what was the basis for removing it do you know the addition of the language that um we don't necessarily have any control over that as a town um that it's that it's truly a Lee County issue um and that we we have not had a middle school or high school so um I think that that the idea was that maybe we just remove that but I mean if we want to keep all of it just say at least one public school I mean it's overkilled will never probably never be a high school there but why what's the harm of leaving it I I would like to leave it as is okay um keep the underlined or [Music] no I don't I don't know does it conflict with because it's almost like the underline is replacing I think it could be an addition to okay yeah that seem reach to me like an addition I don't think the underlying conflicts with what was stricken um I could make that a five okay yeah okay are we all on agreement on the school then uh the last one is concurrency or the next anything it's all how how do we do con concurrency management if the system is strict is there a are there processes packages applications that are used to measure this um I mean it's it's evaluated when developments are coming in so each as each one comes in if it rises to that level not not all um the development yeah um but really rather large ones that could be impactful and and that has to do with um kind of what we've talked about with like traffic right you know sometimes there sometimes we need to know what the traffic demand is going to be and sometimes it's like no this is that 7-Eleven that's replacing a 7-Eleven is not going to impact traffic very much [Music] so okay anything else [Music] here okay uh so Sarah do you need uh do we need a motion to transfer this to the Town Council yes please may I have a motion please so moved is there a second nice and simple I'll second it thank you uh there's a motion in a second to transfer this uh do I need to roll call this one oh just for the heck of it Patrick hi uh Doug hi Don hi Jim I John I I the motion carries unanimously thank you very much Sarah for all your work on this okay next item is Administrative agenda anything from anyone Amy uh LPA items and reports Don do you have anything no how about you John uh no I don't Jim well I would like to uh wish Patrick the very best thank you um I was almost every meeting say I was thoroughly impressed with his knowledge his application and what he had to say I you will be missed thank you you will be Patrick but it's also going to be really nice to be able to call you and talk to you about these cases looking forward to so so thank you for everything thank you yeah I'm going to use Patrick as my my what you call it line the yes your call a friend call a friend line um Doug anything under LPA items uh no ma'am how about you Patrick um no just want to say thank you it's been a pleasure it's been an honor and um I'll be around yeah thank you you'll be on that side now yeah yeah um I just want to remind uh the staff about reviewing mobile vendor permits when we as you have time to bring that up and I wanted to ask a question about impact fees is the Town Council discussing impact fees at all not that I'm aware of oh they will be they will be uh I I believe a proposal's been submitted for um an impact fee evaluation okay um because that hasn't been done in a long time and we don't need to say anything and that's it's there's nothing we need to do this okay good I just wanted to make sure that was happening okay um uh anything Sarah what any any big picture things happening at our next meeting do you know yet too me too much stuff for you to even think of okay um uh Nancy anything from you yes um I wanted to let you know that the um expedited I I guess it's being referred to as the expedited variance reviews that that is now before Town Council um for second reading um and we anticipate that it will pass pass and once it does pass um there was a request that we add it to your um agenda so uh we to make make sure that we notify the public that if there is an objection to something um that they have that opportunity to raise that and and require an additional hearing um before the Town Council so we'll be adding that to your agenda itself there'll be a statement made somewhere there and they've also asked that included in the comments that we make um at the beginning of our quasi judicial uh hearings I have a question MH so when someone objects uh does it have to be someone who is a resident of the Town it can be anybody it could be Joe Blow from Timbuktu could be anyone but not necessarily staff I mean if we disagree with with what you've done but but any body at all somebody who's who's uh who watches it online and says well I don't like that and L A complaint okay yes but the challenge is to make sure that the public is aware anyone is aware that that option is there so by the announcing it during our hearing by having it in our um our agenda that should be sufficient okay and I would also like to uh have a friendly reminder that anybody who has not up updated their address with the Lee property appraiser should do so because we are still getting a lot of postcards returned to us and we're not sure why okay so everybody out there in TV Land please make sure that your address is correct you know your the town Pio is doing such a great job right now maybe she could do some posts about that because yeah okay all right um there's nothing else before us may I have a motion to adjourn so move okay we we're adjourned at 11:02 good work today thank you very much a lot