e e e e e e e e e it is Tuesday May 14th 2024 it's 9:00 a.m. and all members are present if you would please stand for the Pledge of Allegiance and the invocation I pledge alance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all standing oh you know it's the invocation we discuss the other day whether or not to even have the invocation but I'll just say this yes um uh may we have open minds and Open Hearts to make the best decisions for the future of our town uh amen amen [Music] amen so LPA members you'll notice that we have a new item on the agenda which is approval of the final agenda and we've put this on here so that if there were an item that someone wanted to pull off the item uh or off the agenda or something for example that 150 people were here for and you wanted someone wanted to move it forward you could also do that under the final agenda but otherwise I'll ask for a motion to approve this final agenda so move second second so there's a motion by Don and a second by Jane is there any objection to the motion the motion carries unanimously next item is an approval of the minutes for April 30th 2024 may I have a motion to approve those as distributed or with any disc uh any um uh Corrections motion to approve thank you John and thank you Doug uh is there any objection to the motion motion carries unanimously next item is public comment and this is public comment for something that's not on the agenda uh if you're here to speak about a case that we're doing a variance or the CPD please wait until that time so your comments will be part of that um of that hearing Patrick good morning LPA members it's weird to see you on that side yes feels pretty good uh for the record uh my name is yes that's it my name is Patrick vaness I'm a certified planner with the neighborhood company uh um I am here representing the cottage uh today and um as you know and I met with um every single one of you um we thought that the cottage would be before you today it was T tentatively scheduled unfortunately staff uh ran out of time and resources to get uh the review done and and get their um their staff report prepared for the Friday deadline um obviously our client was very disappointed uh and the biggest concern for them is it sets them back from a timeline standpoint they want to bring back that iconic uh venue uh they want to get per building permits in hand and move forward uh but by missing today's LPA meeting they may miss the June council meeting and then we have a July break and that would bring them to August so um this little hiccup has uh caused him a little hardship and concern um so we talked to staff about maybe how can we address this how can we resolve this and uh through discussions with um Jason uh Jason suggested that perhaps we come before you and um petition for an additional LPA meeting this month in May um we checked with uh the clerk about uh noticing requirements and Tuesday the 28th would meet those requirements and would allow for an LPA on that date um so with that said um we would really appreciate having the opportunity to come before you in May uh also we've been told that there are other applicants that it could also benefit them and allow them to get to Town Council before the break and get their final uh approval or perhaps denial but approval before they go on break so thank you for your consideration and we hope this could be a feasible solution thank you Patrick is there anyone else who wish to make public comment you notice I'm not calling you by name no I'll I'll tell you my name Fred Dr for the record uh um rvi planning a certified planner with rvi planning and Landscape architecture I'm here this morning on behalf of London Bay Development Group and the Outrigger project um we've been in with staff through two rounds of comments the um we're we're working with them working very hard and diligently to try to move this forward similar you know timelines like Patrick was saying about his case we you know there's urgencies to this um particularly when it comes to the council meetings in uh August September there's budget meetings it gets really clogged up and then there's election time so there's a bunch of things uh working together with that plus um it's a it's a fairly complex case there's a comp plan Amendment piece there is a a CPD there's a lot of conditions there's a lot of uh moving pieces to this so we're here to request I wish I would have went first uh so we're here to request a possible additional meeting in late June uh because we I don't think we'll be able to make that 11th and it's the case I think is going to take a while to present um there could be a fair amount of public in order to make this clear our presentation will probably be an hour or an hour and a half plus the lpa's questions possible public input I think it could be you know a morning um so I think it's might be best to be dedicated to that project alone for that day we were thinking of June 25th to get in before the before the break um as a date that would give also staff the most possible time to complete their work and for us to work with them and getting that moving forward um so that was our thoughts and that was our request before you this morning was an additional meeting in June sorry about additional meetings it's a very busy time and I we appreciate your work and and your diligence on this thank you Fred okay anybody else wish to speak P Patrick you can't double dip you know this um I'm I'm putting another hat on and um I I'm here speaking on behalf of Myers side that is on your agenda however we have some people in the audience that came uh today and we're hoping to speak before the item because it could take a while they have other things to do they understand that uh it's better typically to speak when the item comes up and is discussed however they want to provide some general comments about that project the property and the their relationship with the owners and they'd like to speak if they can that's totally up to them they don't want to be part of the record that's totally up to them so if you would like to speak now you're welcome to was all that hoop pled just for you Ellen in the back uh my name is this is kind of tall uh my name is Ellen vaugh I'm a resident of Fort Myers Beach I'm even back living on the island at 7500 Estero Boulevard so I'm thrilled for that and I'm here to speak on behalf of myerside I've known Beverly and Roland for many years uh they've been hoteliers on the island for 10 years before Ian and I've probably known them for that entire duration I know them to be very upstanding residents of the city of the Town rather and that they have been very supportive many many activities and they had plans to increase the number of cottages that they had and all their Cottages were washed away so they came up with a new plan and I think they were to be applauded for being Hotel years here before the storm that have um stood stood by and come back with a plan that is quite different than what would have been acceptable beforehand but our world is very different poan and I think as a town I'm I'm seeing nods I think you recognize that even with it its increased density is still within the boutique hotel range and I think would set a fine a fine um I don't want to call it a standard or precedent but a a marker uh for what will be supported on behalf of people that were here before and choose to stay and want to help this town regrow thank you thank you Ellen is there anybody else yes ma'am good morning good morning I'm glad this is down for me uh my name is Becky Weber I'm a resident of Fort Meers Beach and I'm here to speak on behalf of both of the projects you have on the agenda today uh first on the Meers side project um I think it's great that we have people that had prior businesses that got washed away as well as homes that got washed away of of residents on from the island who wish to rebuild our beautiful island um we'll never look like we did unfortunately um but I really think that the myerside project I love boutique hotel idea and I think their project is really lovely in the in the what I've seen of it um and I fully support that I'm also really excited that um uh Mike and Don Miller have purchased the old Tuckaway uh uh property and they're going to turn it into another wonderful restaurant and place for all of us to hang out and I'm very supportive of that project too so i' I'd like both of these projects to come to fruition like tomorrow thank you thank you Becky for your comments yes sir good morning morning um my name is Dale snow um I've been coming to the island for uh since the early 90s I've been a resident of the island since 2014 and on a personal basis I'd like to say that uh when it comes to Bev and uh Roland uh they are generally two of the kindest caring people that I know they're very involved in this community they operate with Integrity their value proposition is beyond question as far as I'm concerned when you think about this project I've seen the plan um and like Becky um I'd like to absolutely see this go forward certainly there's a retail component uh but there's also the uh health and wellness component of that and when you think about the services that are still lacking on this island you know that's something that for a 70 year-olds uh I'd like to see some of those Services back and uh so I'm very interested in all of it and um I I think it be important to see this come to fruition as well I think too when you think about it's been what almost 20 months 20 months of Health I mean for all of us it's not been easy we're all learning The New Normal hopefully is starting to settle in whatever that means but I think too what I'm trying to say with that that is given their prior commitment to their commitment to this community is real it was here before they stand before you today uh I'd like to see this project move forward uh and I I think the people that couldn't be here today there are lots of people that could be saying the same things that that we have so thank you much thank you very much for your comments is there anyone else who'd like to speak okay we'll close the public comment and we'll move on to our first public hearing but things are a little different in this meeting so please turn your attention to our lovely attorney uh Nancy who is going to explain these new procedures we have thank you madam chair um so if as you recall um the Town Council um recently amended a section in your code that does provide for decisions that this body makes in three different types of cases one being a variance which you have um three on your agenda today um a variance a request for an extension or some type of documentation that a condition of approval has been satisfied um the Town Council um places great trust in the decision and the reviews that the LPA makes and has delegated the authority to you to constitute final agency action if your decision on one of those three items um is uh unanimous um there's there's also a new opportunity for anyone in the public to request an additional review of something that may have been voted unanimous of one of those three items um and they would be required to provide the clerk with a notice uh that they want to have an additional meeting in that situation um if it's received within the 10-day period it would be status quo and your variance your extens your request for extension or satisfaction of conditions would then go to the Town Council um as we have in the past so with that said when um the chair reads the title it'll simply be a resolution to talk about um the request that is before you um I do have the um notice that I give regarding uh quasa judicial hearings uh regardless of if they are a variance or any other type of um quasi judicial hearing so there'll be a new paragraph there and depending on what your vote is the form of the resolution that would be approved is going to be a little bit different too um because the forms uh the resolution form that you have in your packets is typically the one that would go to the Town Council um we have prepared a draft in the event that any of the variances on today's agenda are unanimous that we can go ahead and fill in the blanks for that during the meeting and ask the chair to um to sign again once the resolution is signed the decision is made that would start the 10day clock so if anyone wants to request an additional hearing again that opportunity would would be available so that's we will talk a little bit more about this too um I think at the end of the meeting today when we talk about our procedural rules um but thank you for the opportunity to go ahead and give that little highlight so when things are a little bit different um everyone has a good understanding as to why thank you Nancy um would you like to swear everyone in at this point who'd like to speak or do you want to go through the variant quasi judicial um I I think we're back to going through our regular procedure um I would ask that you perhaps announce the title the title and then we'll go through the process okay so our first hearing today is v202 4111 it's 5662 and 5664 Estero Boulevard this is a resolution approving or approving with conditions or denying variance 202 4111 which is requesting a variance from Land Development code 34- 174b to allow an accessory apartment closer to Street than the principal building in the RM zoning District district for the property located at 5662 and 5664 EST stero Boulevard providing for clarifications as necessary providing for conflicts of law scrier errors severability and providing for an effective date um thank you madam chair I I'm sorry I misunderstood your comment to me um I I do want to go ahead and and provide the comments to the public um and everyone um so basically you have I believe five items on your agenda today um three of which are um variances and two of which are rezonings and variances and rezonings are Quasi judicial in nature and these require our public hearings to comply with procedural requirements that have been established in Florida law and in our Land Development code so quasi judicial proceedings they're less formal than proceedings before circuit court but they are more formal than the remainder of our meeting and follow the basic standards of due process that require certain notices be provided the application of the correct standards and the decisions to be made on competent substantial evidence that's presented to the LPA either in written documents or through oral testimony once the testimony and documents have been presented the LPA then evaluates the testimony and the information for each item and draws 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 or opinion that is not based on competent facts cannot legally be considered by the LPA in evaluating an agenda item um as competent of fial evidence however testimony by professionals who are qualified as experts in a particular area has been considered competent substantial evidence or competent evidence by Florida courts as well as testimony by neighbors and residents who have fact-based information such as surveys minutes engineering reports or testimony that is based on their personal knowledge and experience so if you intend to speak please keep these these comments in mind um and when you come forward state your name clearly for the record whether or not you've been sworn in as stated earlier an unanimous decision by eligible voting members of the LPA to approve an a variance shall constitute final agency action subject to a request by anyone for an additional hearing review of the matter by the Town Council if the request for an additional hearing is received by the town clerk within 10 days thank you and for purposes of efficiency um we need to dispose of a few matters related to these quasi judicial hearings the first is I need to ask our town clerk have all items been properly noticed yes they have okay and at this time if there are any LPA members who have a conflict of interest that would prohibit them from voting on any of these five items please disclose this now for the record so that we can be assured that we have a quorum present for purposes of voting does anyone have a conflict on any of the five no conflict okay seeing none Madame chair at this time um the swearing in of the witnesses so could anybody who is going to speak on any of the cases today please stand to be sworn in that includes public comment it includes public comment anybody who's going to talk you're not speaking Fred okay do you solemnly swear and affirm that the testimony that you're about to give is the truth the whole truth and nothing but the truth okay all parties have been sworn are there any is anyone in the audience here as a um uh an official a specialist in their field that has not previously been qualified by the town if you're an attorney if you're a planner yes ma'am engineer if you could come up please good morning good morning could you just State your qualifications for the record please yes uh Gina green professional engineer I've been an engineer in South South Florida for 38 years wow congratulations thank you uh uh could I have a motion please to accept Gina as an expert in her field I move second thank you Doug thank you uh Don uh is there any objection to that motion okay so Gina you're now officially an expert thank you at least for us is there anybody else no one else okay so um we'll start with exp parte Communications Don do you have any for this case none how about you Doug none Jane none um Jim none John none I have none uh except that I'm very familiar with the property itself so um okay so we'll start with the staff report good morning Sarah good morning Sarah propes with Community Development can you hear me okay we can perfect uh the Scott Sav trust owner of 5662 5664 Estero Boulevard has applied for a variance from LDC section 34174 B to allow for an accessory apartment unit to be constructed forward at the principal structure the property is zoned residential multif family and is low density future land use the property is not large enough to allow two density units however prior to the storm the property contained a single family dwelling and an accessory apartment the applicant is proposing the construction of the same size unit in compliance with the post- disaster build back regulations the previous accessory unit was located quite close to a St Boulevard the proposed location of the accessory apartment is forward of the principal structure but will meet the 25-ft front setb yard and and the side setback while the applicant could could have designed the accessory apartment to be structurally connected to the primary structure and not require a variance um however the Breezeway connection which was originally proposed is not desirable due to the location in the ve flood zone finding that the proposed connection is not flood compliant this this variance is the best option for the proposed development staff is available for any questions you may have and I believe the applicant is also here thank you very much Sarah are there questions for Sarah Sarah in the analysis section it says explain how it is non-conforming square foot withd depth is that something that you wanted to explain this morning um no that was something I wanted staff to put into the staff report and didn't realize until last night when I was reading through all the documents that they did not catch my note and make that change so um I am not clear on exactly how the slot is non-conforming Jason are you familiar with this was not Jason nor i k case are you familiar with how the sav property is non-conforming would it be the size of the lot I don't believe so um it's it's large enough for a single unit um so that's why I I put that note in there because I was not sure why it was considered non-conforming um if how does that impact this um I think that it was just a note that staff wanted to include uh but I can text staff and find out why that might be they in the other building and um if the applicant is here and they want to say anything or if there are any other question maybe the applicant knows that's true okay okay um having nobody has any other questions for Sarah no we'll invite the applicant up good morning uh planning agency members my name is Chad caps I'm here on behalf of the Scot savide trust they wanted to be here today but they weren't they had other travel plans and couldn't be here it's very important to them um I don't have much to add from what Sarah said um this what's proposed is a great example of the post- disaster build back they are essentially recreating exactly what they had before um there was there was two un you know I think we have a little bit of a um difference of opinion whether it's an accessory apartment or dwelling unit but after discussing with staff the accessory apartment does work for our client and they have no objections to going that for forward in that manner um they the two buildings meet all required setbacks it's just a matter of the fact that the smaller building is located in front of the the the bigger building which will be along the Gulf of Mexico um there's it's it's ental almost identical location to what was there previously as far as the non-conforming lot I'm not sure but I believe it this is one of those like a lot of lots on the beach that is a couple feet short on the required WID okay bless bless you thank you oh okay I I was just told that it is the width it's the width okay thank you very much um any questions for the applicant um I have a question does the applicant accept the conditions that uh either they or a family member will reside on the property yes any other questions for the applicant no okay thank you very much sir I'm going to sneeze again thank you um we'll open the public comment does anybody have any comment on this case hearing none we'll close the public comment um LPA members any uh any conversation on this Don no Doug Jane no I do think it's a good example of the pre- disaster build back bringing it back post disaster build back bringing it back at the basic same size as it was which is has not happened in the past but I'm happy to see that they did comply with that anything Jim none how about you John no I'm good thank you okay I'll entertain a motion please a motion to approve excuse me approve the request variance based on competent and substantial evidence that the criteria in Section 3 434-1178 74b of the LDC is satisfied um having heard the testimony in the hearing review the agenda materials and approve subject to the conditions listed in the materials how how many how many conditions were there three three commission okay there is a motion a very good motion and a second word uh and a second is there any discussion on the motion to approve this request hearing none your vote Don I I Jim I Doug I Jane I dou I I the motion carries unanimously um Madam chair this is an excellent example of the new ordinance that was just adopted in play um so the decision's been made by the LPA and so if there is anyone that would request additional review by the Town Council um there is a 10-day period now that would begin to toll um to make that request otherwise our decision is final they won't have to present their case to the um to the Town Council which saves them a lot of time and money and everything else um okay uh number one down uh second one variance 2024 40095 this is at 714 Estero Boulevard this is a resolution approving approving with conditions or denying variance 202495 to allow a 12 1/2 ft variance to the required 25t Street setback and a variance of 14 1/2 ft from the required 20ft rear setback for the property located at 74 EST stero Boulevard and providing for an effective date providing for clarifications is necessary providing for conflicts of Law scrier erors severability and providing for an effective date Don do you have any expar I do not how about you Doug I do not Jane none John none Jim none I have none as well um Jason good morning LPA member LPA members thank you my wife does too most importantly indeed I thought I could make it all the way through hockey playoffs with that beard but it wasn't going to actually actually work uh so my name is Jason SMY I'm with your planning and zoning department I'm here today to present the variance request for 714 Estero Boulevard as uh as Madame chair had mentioned before there are two requested variances one for the street setback and one for the rear setback uh they're requesting 12 1/2 ft at the front at the shortest distance and they are requesting 14 1/2 ft at the shortest distance on the rear to both the rear and uh front property lines I would make note that this property does have uh located on it a portion of a 7 and A2 foot um roadway easement this is to provide access for other lots that are in this cluster of lots uh if you remember these Lots were afforded a um an allowance through what the staff refers to as cottage code U amendments the the applicant um has determined that excuse me that's okay the the applicant has determined for for their uses that uh they were going to forego that and instead request two variances to build a structure that would more meet their needs and the economic reality of redeveloping on the beach uh the applicant has requested a um or is proposing a structure that is going to be two stories again that would be in conflict with the cottage code and is another reason why they have not availed themselves of of that option uh the applicant uh the footprint that the applicant is providing uh would would account or excuse me would accommodate up to roughly 2100 Square fet total between the two livable livable levels uh they are also requesting to uh or proposing to enclose a 200q ft um area on the ground floor for their for storage of things bit uh you know bits and Bobs and uh they are also proposing a a enclosed uh Elevator Shaft to provide for easier access into the structure uh one thing I will point out that staff has put a site specific condition of approval on here uh that is condition number one at the end of the report and this is to mirror what has been allowed for in the cottage codes where we're requesting that with the exception of the um Elevator Shaft and these 200t storage that they leave that area open uh other other minor things that you will see on other projects is just a requirement that they keep their uh Vehicles entirely on their lot and obviously there will be reviews of things such as building coverage and impervious coverage when it comes time for their building permits staff is here for any questions or concerns that you may have and I believe the applicant and their representative are here as well thank you Jason Jane um the footprint of the property um is it basically the same U I'm sorry the footprint of the of the footprint of the of the House of the house uh actually I I can't attest to what sorry I can't attest to what the previous structures side was I I apologize after after the structures are gone from the site unfortunately they're very difficult to find through lepa's records isn't that part of what the cottage I know that they're working outside of the cottage situation but uh part of it is that they are in the same footprint I see the next issue yes absolutely so that again would deviate from the intent and the and the words of the cottage code so that further so how about setbacks can you tell me do they are the setbacks more extreme than they were before uh well I believe the structure was actually smaller so the the setbacks that they're going to be using here are going to be shifted a bit uh they will be providing the proper setbacks on the sides but what they're asking for today is the reduction of the the street and the rear so I I can attest to the footprint that existed before if it is a large difference or if we're talking a minimal difference perhaps the applicant or their representative can attest to that it's this going to be something that will be acceptable to all the Lots along that street if they don't choose to do the cottage yes uh well we haven't received any appeals of of the decision or or of the request from any of the neighbors so I'm not aware of anybody that may not appreciate it uh but it is allowed for if the variances are approved so this does not set a precedence each one is reviewed individually um and has to be determined individually the reason they're before you today though is because they don't meet the cottage lot requirements if they had chosen to make it the same square footage only one story over uh open then they wouldn't even be here today um but the reason that they're here is because it is slightly larger and and this does not set a prence for any other parcel okay any other questions for Jason anyone okay Jason thank you very much of course could we have the applicant please how's your ankle still there yeah still there Cara Stewart for the record representing the property owners at 714 Estero Boulevard I will address Miss plumber's question right off the bat the setbacks that were previously there on the existing structure the rear had a deck in the back with also a five- foot setback so I'm very similar to that I am going a little longer um along the rear of the home but the 5 foot was there before we have also taken the opportunity to shift the new structure further to the easement creating the buffer that's required on the sidey guard so we have increased the sidey to the immediate neighbor um the 21 uh excuse me the the setback in the front uh previously had I believe a front at the minimum a 10- foot setback we are now at 12 A2 so we've shifted the size of the structure is relatively the same they're using a pre-fabricated um structure so they're they're a little bit limited so they've tried to fit it in very similar to what that existing footprint was the storage as as Jason mentioned for downstairs is just for obvious you know Beach things and whatnot and an elevator to give them access which is allowed by FEMA and whatnot so um thank you yeah there's we're we're we're accepting the conditions there were I think three or four conditions on there we're okay with that we understand we need parking and we have to meet all the other requirements of the code so I'm here to answer any questions if you have any questions for Cara Stewart none thank you very much Cara thank you I'll open the public hearing is there anyone here who wishes to discuss this project no one okay the public hearing is closed I would say that I did receive one phone call um and I do not remember the lady's name she said she lived in the area nearby had asked what the variance was for I explained it and she said that she was in favor of it but uh I haven't received any actual uh written correspondence thank you very much Sarah um any other discussion from the LPA members I just um uh I think I'm in favor of this but it would have been really helpful for us to visualize it if we had like an aerial of the previous structure or some depiction of what was there before Ian and I think it would have been useful going forward you know the unfortunate part about that is that the tax rule has deleted all of that previous stuff and so there is nothing from you for for any of us to pull from a picture that yeah that um you know gifts yeah something like that in our package would be useful why did they delete all that I don't know that that does satellite imagery it it is actually available um there's just a certain way to find it I'm going to show Jason how to find it can you give us that information how to find it because that would be I can tell you right now if you go to the Lee property appraiser site um in the upper right hand corner um you can change the year and when you change the year you change it back to previous taxx roles and then you can look at the uh Property Data down below you can also go where the picture is of the property there's a subject picture and you can go back years as well Y and it'll go back to the 80s okay well that's great okay um are there any other questions for staff or the applicant if not may I have a motion please you're so good at it I'm afraid to I know go ahead you can do it go ahead go ahead you can read it this is new don't get nervous no pressure no pressure yeah I make a motion in the title Let's see we got to fill in the blanks I make a motion to approve the requested variance based on competent substantial evidence that the criteria in section what was that section number 34-3 34-3 of the LDC is satisfied having heard the testimony of the hearing review of the agenda materials and subject to the following conditions the conditions established by staff excellent with the condition oh conditions yeah is there a second for that motion a second thank you Jane uh is there any discussion on this motion for approval hearing none your vote Doug I Jane J I don I Jim I John I I motion carries unanimously Amy we do need to have the section of the code in the up in the description so that we can properly put that in well we're working on it okay yeah or maybe it's not your deal all of this one referred to was I think the table the other one had the actual section this exactly okay okay we'll move on the next item is um madam here just to announce that um it the vote was unanimous and so there is a 10-day period if anyone in the public would like to request an additional review by the Town Council um please provide the request to the town clerk um within 10 days thank you this is a variance for 21481 wion Terrace this is a resolution approving approving with conditions or denying variance V 20249 4 a variance from LDC Land Development Code table 34-3 to decrease the required water body setback by 10 1/2 ft from the required 25 ft in the RC zoning district for the property located at 21481 wdon Terrace providing for clarifications is necessary providing for conflicts of law scrier errors severability and providing for an effective date um John any ex parte not how about you Jim none Chan none Doug none Don none I have none as well Sarah good morning Sarah propes with Community Development Gina green on behalf of Janet showby trust owner of 21481 WID and Terrace has applied for a variance from LDC section 34- 638 D3 C3 lowercase i II to allow for for an atg grade swimming pool to be constructed less than 25 ft from an unsea wall natural water body the applicant is requesting a variance of 10 1/2 ft to allow a pool to be a minimum distance of 14 1/2 ft from the mean high water line of the unsea walled natural water body at the rear of the property the flamingo Harbor Condominium Association allows Property Owners to utilize adjacent common areas for private amenities although the proposed pool will be completely within the property at 214 81 wdon Terrace the property is zoned residential conservation and is mixed residential future land use the property is within the WID and Terrace neighborhood which includes the right of way in the parcels the applicant is proposing the construction of an atg grade pool that will have a stem wall of approximately 18 in at the end away from the house due to the slope of the yard the proposed pool uh along with the proposed pool the applicant also proposed rip wrap along the rear of the property however this request is not part of the variance before you and will require a separate permit staff is available for any questions you may have and the applicant is also here questions for staff from anyone Sarah on uh one of the exhibits that has the drawing um it shows the 25- Ft setback line through the pool but if you continue down it also the 25 fot setback line does continue through the stairs and the deck do they need to be included in the variant request I don't know if those are proposed to remain or if they had a previous Vari variance for those um and if they already exist um they may already have a variance for that uh let me double check on that Don I live there and I was on the board so I'm very familiar with this property I didn't live at this house but it they were pre-existing those steps in deck those decks were there previous variant granted on the stairs in I don't know about a previous I think they were built with the house is my understanding any other questions and if there were permitted work and they're already there then we wouldn't necessarily require them to do anything okay no other questions we'll hear from the applicant the expert engineer Gina good morning good morning for the record Gina green engineer um the question as far as the stairs on this property they were existing with the house and built and constructed have been there for ever since the house was built so they were pre-existing um as far as whether a variance was ever probably at the time that they were built their Molly wasn't a need for a variance on those so that's not any part of the work with this this work is just for adding this pool there is a very limited rear yard in the in this particular one and with from the exhibit that you can see the curvature of that mean high water line comes very close to the rear property line there on the southerly section of it um the pool that she's proposing is not an unreasonable residential pool it's a normal sized in fact it's smaller than what most people do build in their yards um so she's not asking for anything grandiose in her rear yard um you know as far as the rip wrap on the rear you know if we decide to stabilize it that way um you know then we'll go through all the proper permitting to do that um you know everything else about it the pool equipment all is going to meet all the setbacks it's just being able to put this principal pool structure in this required and ask for this reduction I do have a couple pictures of the rear yard if you want to see them that were taken um if that helps you all to look at the space that this is going in would anybody like to see the photos sure thank you thank you very last page there some couple recent pictures of the RS thank thank you very much thank you thank you the record yeah the just any questions for Gina any questions I have one question um I'm a little bit confused as to whether this is an at grade pool an elevated pool the picture appears that there's a small difference in elevation because she's choosing not to put a deck around the pool and leave it at natural grade on the rear the pool just so that you don't have debris and all wash into the pool there will be a a the beam will be raised above grade but it won't be a elevated pool it's just the beam is raised up to have a step up on like a curved pool would be on a pool deck 18 inches yeah 18 inches on the backside towards the water just because of the natural slope of the yard up around the house it'll be more like you know 8 to 10 in you know 10 Ines a normal curb for a step up onto a pool that are on regular pools that you see a lot of older pools were built with a curb rais curb around them this the same thing is just going to have natural grade around it rather than a deck thank you any other questions none thank you very much thanks we'll open the public hearing is there anybody here who'd wish to speak on this project seeing none we'll close the public hearing um LPA members any questions additional for staff or the applicant if not may I have a motion please a motion to approve the requested variance based on competent substantial evidence that the criteria in section where is it 343 34-3 it's like 638 638 hang on sorry how did I lose that there it is yeah LDC 34- 638 D3 C3 I I I uh is satisfied having heard the testimony in the hearing review of the agenda materials and approv subject to the conditions set forth in the materials two conditions set forth in the materials second there's a motion and a second is there any discussion on the motion hearing none your vote Don I John I Jim I Jane I Doug I I and I vote I as well another unanimous vote uh for the project yes and um also I'd like to clarify uh for the record that it is 10 business days rather than calendar days so it's actually a little bit longer period of time thank Nancy okay um anybody need a break or we move into the cpds reest okay so we're going to just have a quick um 10-minute break please e e e e e e e e e e e e e e e e elment this is CPD 2024 0049 amending a previous CPD 2206 this is an ordinance of the town of Fort Meers Beach Florida amending and restating ordinance number 22-06 to amend the schedule of uses for the commercial plan development Zoning for the property located at 2301 2307 and 2311 stero Boulevard and 111 and 121 Mango Street generally identified as strap numbers 21946 d24 dw311 0.0010 1 9-46 d24 w3012 e.1 0 1 94624 W3 0120 e. 0020 and 1 94624 w3012 e. z30 Port Meers Beach amending the master concept plan for the restaurant use or uses providing for revisions to conditions of approval and deviations and other clarifications as necessary providing for repeal um conflicts of law scribers errors severability and providing for an effec Ive date Don do you have any expar on this uh only that I spoke with the uh neighborhood company Representatives thank you uh Doug how about you uh yes I had a a teams meeting with uh Pat and uh and um Ken y under Fred yeah FR Ken um and where they uh explained the project and went over the same materials that are in the package thank you how about you Jane did okay Jim yes I had a meeting with the neighborhood group regarding this project thank you John I also had a meeting with the neighborhood group about this project I also had a a meeting with the neighborhood group and I appreciated your time um okay Jason good morning LPA members Jason SMY with the with your planning and zoning department so as was said before uh this is a request for an amendment of a previously approved CPD Amendment uh 2206 this is an amendment that has a lot of requests um there are multiple changes that are being requested in the previously approved uh deviations and conditions of approval uh for time and just to introduce this I think staff puts these into a few different buckets of of requests uh their requests dealing with the either reduction or change in the buffers um we've kind of characterized those together there are some reductions in the actual uh width of these buffers uh in to mitigate some of those problems they have uh provided in some circumstances an equal amount of material in a smaller space or fencing to help to alleviate any possible nuisance uh visual nuisance at any at at least and possibly some audio or auditory nuisance that uh might be felt by the neighbors aside from that uh they are also requesting some changes to the uh the schedule of uses I believe all that material has been presented to you in the presentation documents and through the documents that were provided by the applicant uh we would we would note that uh some of those changes include um keeping what was previously approved such as the allowance for on-site Brewing uh but they are also requesting additional time so they are looking to expand their uh their allowable times that was limited in the previous iteration of the CPD Amendment uh they requesting an additional hour uh Jason can you remind me what that was I'm trying to go back here to the the previous Amendment what was the time 11 oh uh they are requesting a uh previously they were limited until 10 p.m. from outdoor use and so um now they're requesting to extend that to 11:00 p.m. for the for their outdoor use thank you uh as part of the changes in the schedule of uses also they're requesting the addition or allowance of transient mobile vendors I.E food trucks uh and they are also looking to remove the limitation uh that said that they the previous business could not use the outdoor area for um amp ified music or entertainment so those are those are another seeming bucket of requests that they're asking uh part of this project is to also attach a uh Tiki Hut to the existing building uh some of the reductions in the setbacks and particularly the uh reduction of the site triangle are all wrapped up in the development of that Tiki structure the tiki structure itself is relatively large it would Encompass a vast major majority of the front of the building uh so that area that previously would have been an open area for seating and some green space uh is now proposed to be entirely under the tiki hut uh I believe that the proposed square footage is roughly 2750 Square ft give or take a few but uh that would Encompass again uh most of the use in the front area whereas prior to now uh it was an open seating area and that was again allowed for in the previous iteration of the CPD amendment that was approved in 2022 the use of that outdoor area specifically for service of alcoholic beverages so those those previous approvals will continue uh they're looking to expand that use out there and then provide a covered area uh in total what they're uh what they're requesting to end up with on the four properties and thank the Lord I don't have to say all those strap numbers thank you very much for that anytime is uh is they will they will end up with a total of nine deviations and 10 conditions of approval just to give you a little context the last iteration of the CPD in 2022 they had 11 conditions of approval 11 deviations so some of these things are being combined for ease of of clarification of reading uh some of them are being removed many of them are being amended uh without sort of going too much deeper into the weeds here I think we've EXP explain most of the of the general changes here we we are here uh staff is here for any questions or concerns that you may have and the applicant the applicant's representatives are here as well and I believe that they have a presentation Sarah could I make one clarification just because I'm not sure if it was completely clear um previously the conditions were for hours of operation the business was 6:00 a.m. to midnight the hours of operation for indoor restor restaurant um was 7:00 a.m. to midnight with outdoor seating limited between the hours of 7:00 a.m. and 10 p.m. 7 days a week the new proposed language is the hours of operation will be 7:00 a.m. to midnight 7 days a week for both the restaurant and outdoor seating area we um staff proposed a uh a change to that I believe that the conditions in your staff report are different than that but that's not what they requested so they requested 7 to midnight uh 7 days week so we are proposing a diff a slightly different condition um and then on the Amplified music uh previously it said no Amplified music our entertainment is permitted Outdoors uh the proposed condition from the applicant is Amplified music or entertainment is permitted Outdoors until 11:00 p.m. within the designated areas on the master concept plan and will be oriented not to be or will not be oriented toward residential uses so those were their proposed conditions but the um regarding the hours of operation there was a slight change from staff thank you questions Don no uh thank you for that because that was one of them I wanted to clarify based on what I read the other question is in the staff recommendation up top it says except deviation 11 and I thought I saw a deviation 11 but then I see new deviation 11 which will be renumbered to nine so I'm my brain is not following that so can you help me I agree uh yeah there the r it yeah I'd rather have so are we eliminating nine or number nine or uh so they're as some of these have been requested to be eliminated they are um the the applicant has compressed some of those numbers so that we don't have gaps in the numbering y um Miss plumber I absolutely agree this is this was something that the applicant and I went back and forth on and quite honestly I think they did a really good job ultimately of of getting the numbering and something that was usable for me but I can completely understand that that numbering may be a little confusing uh especially since this will be the third iteration of the CPD on the property and many of those are carried over um year after year sometimes just easier to see the strike through and then new you know so that you know where you are instead of going this is now this and that so there are nine deviations correct yes okay so it's it's uh new deviation 11 which is going to be renumbered inine okay got it yeah thank you thank you make it easy yeah okay uh questions for Jason Doug any questions I have a comment if I I don't have any questions uh but I think um the one thing that I'm not sure I'm favor of is the I think we're calling it deviation 11 the reduction of the side triangle a little concerned about that yeah I drove out there this morning myself and checked the intersection may I live on that street and um when they planted trees on on that Frontage of where the porch was that was a problem as long as they kept it all below um you know 3 ft where below the window level of your vehicle that is fine because that was my concern and I went over it with Patrick also about that triangle and you know now with the 8ft sidewalk sidewalks that really changes it also from when this was originally proposed but um that was a big issue for for me because you you have to Edge out there so far that you're in in the bike path and you're in the you know found myself even even though there was a lot of visibility I actually found myself edging into the crosswalk in order to make sure that I could see even now so yeah and I I had the same concern I um the one thing that's I think positive is that you have the trolley stop there so it gives you a good angle but um I don't know that there's a way well I mean even before with the tables out there and the shrubs I don't know and you know when I came to your house you couldn't you couldn't see without getting into the crosswalk right that's a lot of streets I think but I mean so I mean down the boulevard but it still was a concern I think the fact that they're only going to have the the poles in the line and the the seating would is setb that you know all of that gives plenty of room to see but I really want to restrict any trees uh any height things in the front because that does you know block what's coming down the road on the on the sidewalk probably under 2 feet right I mean you would want something under 24 in tall there yeah the code the code when we review this and and maybe I should take a a moment to step back just to clarify it for anybody watching so in in normal uh normal zoning um this would they would be required to provide a 10 foot U triangle so this this would be 10t off of Estero uh everything would be pushed back in there but to both of the members points yes when we review for uh the normal allowable uses in there or required uses like buffer material trees or Hedges uh no trees would be allowed to be in there that had any branches uh above 2 ft and lower than 6 ft and any of the uh hedging material will also be required uh to be maintained by the applicant at that below 2 feet or nothing um below 6 feet nothing above 2 feet nothing below six feet other questions for Jason oh uh sorry and one other thing to to mention they're they're requesting that the 10t um sight triangle be reduced to 3T at that so there's a difference of 7 ft there just to address your your comment but the three foot and the 7 feet when you take the line of sight extends it considerably further down if sterile that's right the three-foot clip the corner um even if you inch up I'm a bike rider so you may be able to inch up to see traffic but inching up and seeing a bike within 3 feet is not very much and I I think I think staff want I think staff wanted to make that apparent that we did have concerns we we respect and we want to see the site triangles put in there and part of the applicant's presentation and what they've given to us is their attempt to try and mitigate uh some of that possible risk that's going on there but u i I believe there will be some amount of risk that is is still inherent with the project if it's approved this way Don any questions I'd like to hear from the applicant okay okay thank you very much Jason good morning Ken good morning Madam chair fello LPA members uh uh for the record I'm Ken Gander with the neighborhood company uh here on behalf of the applicant um obviously have a presentation here um just real quick uh we're representing 1249 Estero Adventures LLC uh Mike and Don Miller and we're the applicant agents uh the neighborhood company my typical the background request discussion analysis and a little bit of findings um I don't know if we need to delve into a lot of this because I think we know where you know a lot of your concentrated questions are on this but it is a a relatively smaller portion of the property it's 65 acres uh it was an exist uh restaurant food service use uh compatible and complimentary to the surrounding area along this busy Boulevard as we know a stero Boulevard um here's the area of the location a little zoom in for you um what we're wanting to do again is as and thank you Jason for your presentation as well uh to reopen a restaurant that would Encompass the entire uh building uh expanding the outdoor seating area that existed uh provide that Tiki structure or the outdoor structure to cover that expanded seating area allowing for the outdoor entertainment uh is limited to 10 p.m. and we've identified actually on our Master concept plan to uh potentially uh mitigate any of those concerns to uh dictate where those performances can occur within the outdoor area can I ask you a question here um cuz I I was like what what's the deal with a food truck cuz it's going to be a restaurant right understood now I don't know I didn't see interim in there so you're thinking in much like they did at the beach Dil yes ma'am so yeah the idea is as they are working through permitting and things like that let's utilize the property yeah and we appreciate staff actually bringing that up to us as an opportunity to work in that in from uh sector for that use okay great um and to confirm uh the conditions the 6:00 a.m. to midnight for the operations of indoor and outdoor uh but the outdoor to 10: p.m. let me clarify that 6:00 a.m. to midnight and outdoor from 7:00 a.m. to 6 p.m. oh 10 p.m. I'm sorry okay got it so outdoor shuts down at 10 p.m. right that's that's that's the condition that and we are committed to that thank you you um other components to this is obviously the consumption on premises the prior Amendment had a designated area that will be encompassing the outdoor seating area as well and obviously uh the indoor portion of uh consumption on premises uh site improvements evaluating how the parking and Vehicle Management of the site um and I'll just move us to the uh Master concept plan now we're providing before the entrance and exiting was oneway now we've identified a two-way this also allows uh relocation of the dumpster so that service facility can be more easily accessible by the servicing uh company and maneuver through the property uh the darker portion with this slashed Line work is the existing structure and then the identified area closest to the intersection of Estero Boulevard and fair weather is the Outdoor structure outdoor seating area and encompassing and it's hard to see but uh there are two identified areas where that outdoor entertainment can occur the position behind that is we're identifying where those can occur the uh proposed performances would be duo or solo performances uh and they're oriented away from any of the surrounding residential uses which are behind uh the building building and we're also encouraging or uh implementing additional Landscaping along that uh fair weather uh uh right of way I'm going to really just uh let's just skip ahead um these are uh the conceptual renderings of the construction renderings of the uh Tiki structure and this is what it's going to look like no just this is a a marketing uh component of the what they're proposing but you can the gist is that Tiki structure would be oriented in the front of the building this is the company that they're using these are actual uh constructed Tiki structures so you can see uh the quality and the uh elements that those Tiki structures uh provide and the Ambiance that they would and complimenting the uh Sandy Bottoms development uh with consistency with the LDC improving The Pedestrian connectivity vehicle maneuvering uh we wanted to provide the appropriate development standards the building is a unique uh building and the orientation and the components of the the property are unique obviously the Redevelopment will be bringing the pro uh the building up to building code FEMA uh compliance there are Urban Services exist and supporting the prior use which will then support this use no impacts to environmentally critical areas as this property was already developed and we're just reestablishing just a more resilient compliant and a restaurant that as was said before is uh looking forward to having another restaurant of high quality uh in this portion of the town uh with regards to the deviations uh we believe they achiev the objective of the plan development providing for that flexibility due to the uh disaster impacts that we have occurred um we don't believe they uh negatively impact the Public's health safety and Welfare uh enval the Redevelopment uh that the public wants and we believe they're consistent with the comp plan but I want to go into a little bit more in depth on this deviation which would be 11 but is really nine so that's proposed deviation number nine which addresses the visibility triangle so as uh was stated previously the existing uh conditions which is a a photograph on the left uh identifies the Landscaping The Umbrellas the seating uh at this uh within the uh already existing outdoor patio uh this provides an element of visual obstruction as a part of uh adhering to the the Land Development code for visibility triangle the photo uh the image and exhibit in the right hand side identifies in the red that is the application of the visibility triangle in accordance with the LDC that is the 10ft back off of the boundary of the rway inward 10 ft and extending down uh the 1550 ft for this type of roadway Network um as you can see this portion of stero Boulevard through the improvements that occurred uh with the uh uh reconstruction is implementing the trolley stops or the Le trans stops within the ride of way which as you can see the yellow dash line deflects the travel Lane outward and into the middle of the portion of the lane so that if you apply the standard it Alters the visual representation of looking down the right of way and seeing the oncoming traffic so that alters the typical standard for uh utilizing the vision triangle which then the Blue Line provides an alternative uh equivalent visibility uh looking down towards a stero Boulevard so I as many of you have done is driven down fair weather and stopped at the uh intersection this was a a week ago and looking down Aero Boulevard where are the cars I don't know but they're not there not today so there I believe it was around you know 11 uh 10 or 11 so anyway uh you can see the existing patio and that is uh the 3T behind uh the r ofo line which is where the new wide sidewalk exists so what we wanted to do is conceptually represent the tiki structure and provide that uh render that onto this image and that is an example of what we would be uh proposing uh you can we are committed to as staff pointed out and as code requires limitations of any of the landcaping between that 2 feet and nothing below 6 feet uh but trees are allowed within that area uh on our Master concept plan we are identifying the limits of the hedge and/ or shrub uh cannot be more than 24 in uh consistent with that code and what we see here in our opinion is that visibility is equivalent to what was Prior and what has existed there uh the Land Development code 34662 b4a speaks to the standard of the 10 ft and 150 ft uh Dimensions or it provides an or statement of equivalent visibility so we believe this structure uh continues that equivalent level on top of that we have identified on the master concept plan that this portion uh that's highlighted uh on the master concept plan hatched differently is a limited use and these are conditions that our uh staff has identified within their staff report and we're agreeable to that no no tables no bar area no sitting uh is a component of that uh of that use so um in conclusion uh we feel we're consistent with the comprehensive plan Land Development code and the application requirements for this amendment uh we respectfully request a recommendation uh by the local planning Agency for Town Council uh to approve this resoning amendment as submitted and presented uh we Mike and Don are here I don't know if oh oh Pat wants to yeah we couldn't keep mut either we're doing this as a tag team so for the record Patrick vaness with the neighborhood company uh just just providing my experience and as a resident uh and I think Ken did a great job explaining the technicalities of it but uh we all know as residents that when we are uh the busiest during the year during season that's when our traffic is also at the slowest so um really what it is is is the traffic is bumper to bumper inching forward and typically when you merge into a stero it's at the grace of someone letting you in so it is a very slow moving uh merge slow moving traffic and that affects the safety of this request and I think it should be considered also as part of that uh request and and recommendation from the LPA so just wanted to add that flavor I know you're uh you know painfully aware of this issue as I am but uh just wanted to point it out and I think it's it's an important factor also thank you Patrick I uh any question I have a question um could we go back to the previous Slide the one with can we go back to the slide with the uh with the site plan oh [Music] oh you can't talk talk loud Doug could you uh simply modify the footprint of the Tiki Hut to follow a line more like this having to hatch out an area you're not not to the 10et yeah we understand that um and the as we've approached this this was the element this was in uh providing for the structure over the existing uh location of that outdoor patio so utilizing that space continuing to utilize that space so um we can certainly uh evaluate that the other the other comment I have is that I get it about traffic and cars but also see a lot of young people zooming around on skateboards and powered skateboards and bicycles they going pretty fast and those things are hard to see and my concern afraid I'm going to hit somebody yeah my comment is actually that during season there's very little danger of an accident because nobody's moving right by the grace of God you're or by grace of the other uh motorists you're able to get in it's actually on the shoulder Seasons that it becomes dangerous because that's when people are moving uh their and up energy is definitely being Unleashed free they're free yeah I've never went this fast nored yeah that's a reality we understand that so Ken what's your answer to Doug's um Doug's fix on this is simply moving the post of the of the Tiki I mean if sevenet is that right it would it would push it back seven feet if you're not going to utilize that area because I mean when we sat and spoke I said you know good luck with not utilizing this people are going to move their chairs I mean it's it's just it's a fantasy to think that that will be left unused um so what about modifying that and moving the I think that's something that we certainly will uh evaluate and con consider um that area if the structure is moved back we could revert back to having chairs and umbrellas I guess out there as well I guess my concern with that is that if you have people sitting there you're still going to obstruct The View so you you'd have to you'd actually have to take out a few pavers and and put some lowle landsape that's compliant with your code to have the tables and the chairs and umbrellas and the Landscaping unless it's obstructing the view the visibility triangle correct I don't believe that it's only if it's structures and I I mean I I think that you're not supposed to have anything I don't think that it's necessary I mean we shouldn't allow structures to be built there but you also shouldn't be just putting things there either okay but to Anita's point was if you have tables out there unless they're fixed in the ground and somebody wants to expand their table because they have a larger group right they'll expand into that area if they're a pavers sir so I mean that was part of the reason why staff was not recommending approval of that one deviation is because if there's a structure there if there's a place for people to put tables if there's a covering it's going to be difficult to keep people out of it even if you put a hashed thing on the line people are drinking having a good time they're going to set on fire and people are still going to move there that's our going to and my other concern is there's no way to keep people off of it I mean on the contrary to what we're saying right if if you if you literally put grass there or you put little bushes there or whatever and you you actually had your 10 ft of of buffer there's no you're going to have to build a structure there to keep a wall right which you don't want to do so to keep people off of it no matter what people will move their chairs you know I I think we we understand the concern and the request um what what I would ask is a consideration to the conditions that are there today again we went from a wider sidewalk we also went from a straight Lane to a deflected Lane where you do have uh comparable uh visibility with a reduced uh setback from the corner from 10 ft to to 3 ft and while I understand your concern I also think that that should be considered uh so maybe there there's a compromise there also from a just structural and aesthetic standpoint um you know having a structure consistent and parallel to the sidewalk is more visually attractive more consistent with construction methods also so I I would just ask that uh it you know understand stand in your point if you also consider that the conditions uh that are there today and present today do create some mitigation from that 10 ft because we have a better line of sight because of those conditions but Patrick if that's true then why are we even talking about this mystery land well we because a code cannot anticipate every single condition a code is is kind of static and and the norm and the standard is 10 ft but 's also a caveat that says or similar visibility so that's what we are expressing today that's what we're wanting to look at what those mitigating factors are that would allow something safe but also a bit of a deviation from the norm Jane I'll say that once we got the the orange Geer trees removed from the S line because that's what was blocking that was in front of that Hest stero Boulevard that as you can see the umbrellas obstruct more than the Landscaping so I I think I mean for I I think for use of the space it's great to have the cover come out as far as it can to protect everybody from Sun and and and water rain but also that it it we never had any problem with anybody people sitting at those tables and things like that didn't no not not in view at all the only problem was when there was those trees that were bushy and and Too Young they weren't tall enough so so I'm sorry I was just going to say you live there I live there go so you would so as it was before the storm and as it's proposed would you have to Edge into the the um crosswalk to see or do you think from your your car window you could I don't notice myself being in the crosswalk necessarily um you know I'll pull into it to turn before you know and look once more before I go but um you know I do my full stop outside of the crosswalk okay so the bodies the people sitting there never obstructed your view never okay other questions for Kim anyone okay thank you so much thank you we'll open up the public comment now does anybody care to comment on this hello everyone my name is Mike Miller um my wife and I own the property uh one of the couple things I wanted to get some clarification on on that that that red zone right there is that we intend even though that the tiki Hut's going to come out almost to the the sidewalk is we intend to put let's say one foot or two foot bushes in partially underneath the tiki hut so that you're not going to have people being able to put their um uh their tables and chairs in that area uh we want to bring it out as close to the uh sidewalk as we can for Aesthetics and and like Jane had said that the more you you push it back then you got you got your rain and everything else that's not going to be and the the sun that's not protecting your uh your patrons uh that's one of the big things and also even some of those trees if they need to come out for a a better visib ility we have no problem with that it's just that you know we want to get the the tiki hut you know you know a massive Tiki Hut attracts people and having it narrow and thin may not be as um aesthetically pleasing uh on a stero Boulevard than what other people would think okay that's the one thing about the so you're still going to have your your visibility and there won't be people putting chairs and tables in that area unless they're going to fall over into the bushes and which may now they may fall into the bushes but they're going to still be you know if I lay down right now I'm still within 2 feet huh yeah there you go you lay down thanks very much uhhuh um also we went ahead and was you know proactive on doing this we've already uh installed an 8ft fence uh on the back side of the property blocking the um um um you know noise and sound what might be happening in the future we're also going to be doing a lot more planting and uh um regarding the outdoor music uh we're only going to have like a a one person or two person band it's not like we're going to have we're not going to have drums we're not going to be doing like that um we're very obviously you know we've been up here before with the whale and we're very conscious on and we like the the feedback and input from the neighbors to find out hey you know um you know if something is too loud definitely let us know that we want to be proactive on all of this um but you know nothing beats having you know sitting underneath a nice te Hut and having a uh um having your lunch or dinner and a cocktail and um and listening to the ambient music you know and and live music playing that's what attracts everyone to Fort Meers Beach um got that and oh um you mentioned the food truck earlier uh the food truck is only temporary until we get our CEO um uh for the building and at that given time there will be no more food trucks and food trucks will um will not be permitted and um I think that's about it for me thank you very much we're all looking forward to it do you have any idea what the timeline's going to be like on getting the building done yesterday started yesterday but done we started yesterday we got a a a permit to demo the inside and so we're doing that right now uh the I was even sure if the the uh rolloff dumpster was there yet but there really isn't a lot within the building um you know we're going to do an open concept plan um almost like the the Leaky Tiki used to be where you have indoor and outdoor seating uh for the bar and then we'll have additional for the for out at the underneath the tiki hut and then um other than two walls for the uh the kitchen and another what four or five walls for new ba where the bathrooms are going to be placed in an office it's going to be pretty easy to get this thing um um wrapped up yay thank you Mike very much any other questions thank you great thank you anyone else Don good morning hi good morning Don Miller owner of Sandy Bottoms so I'm up here because I wanted to share with you guys the creative thing that was shared with me that we intend to do something like this in our corner of the visibility triangle to keep people from trying to move their tables and chairs around um Bob tabarini who's a very good friend of mine Saul in the trash um a piano can I bring it up and show you guys the picture of it sure all right now I tell you what we do yeah know might [Laughter] be one all right unfortunately we did not make the trash they picked it up before we could get there but what we were going to do is tear the the B one leg that was left on it off open up the top take that off and we were going to put plantings in there and put it on that corner and um since that's gone we we'll try and find another creative way to do something there we also have a canoe that we thought about taking down there and that would be there now but we're afraid if we took it there it might get St so we were like how do we put it there to show kind of what we're you know thinking about but we are going to try's a good idea something permanent that people can't move um and then you know it'll be an obstacle in their way to move a table and chair thank you so to comment back that I think the canoe would be much better because the p was too high for it was really short oh it was a little short P yeah it was shorty wouldn't have legs it was just going to lay on the ground okay yeah so but it's more appropriate for the whale anyway yeah thanks very much anybody else have comments on this case all right we'll close the public hearing um questions from the LPA for staff for the applicant follow-ups none oh um would somebody like to make a motion motion man go for it Don I make a motion to approve the requested variance right to the CP no it's a DV CPD the amendment to the CPD based on competent substantial evidence criteria in let's see section 34 - 85b and c and 34 2162 of the LDC uh is satisfied having heard testimony at the hearing uh reviewed the agenda materials and approv subject to uh conditions of staff may I comment yes um oh wait let's see if we have a second first is there a second for the motion I'll second okay go ahead so this one is a little bit different from our variances because this one is actually a recommendation that you're going to be making to the Town Council because the Town Council this isn't a resoning and under state law it has to be adopted by an ordinance which requires two readings so you're making a uh recommendation of approval and you're also commenting as the local planning agency that it is consistent with embedded within your motion is the uh consistency with consistency with the comp plan and compliance with your Land Development code sit down you have been D to say that so and that that is what you were intending correct yes I what she said is what I intended that's what your motion and I'll second that approve recommending to the Town Council approval of the resoning subject to the conditions uh based Bas on a finding of consistency with the comp plan and compliance with the Land Development code based on competent substantial evidence that you had yeah and with the one exception staff actually took deviation 11 formerly 11 now nine out I would not agree with staff on that in other words I would allow the uh deviation for the uh that's the visibility triangle with conditions Dawn that they build something in the structure correct yeah that nothing can be obstructing the view in that area claric clarification are you saying you're supporting the three foot yes visability triangle yes okay are you good with that no but so does J second of motion okay so um there's a motion and a second is everyone clear on what this motion is yes I am I am okay all right um and Jim you have issue with the visibility yeah I think the line of sight of three feet if you look at that picture there the upper left one and you take three fet you've cut off any line of sight drawing that compares the 3 ft to the 10 the 10 ft you can see all the way down I don't know you need to see 150 ft but so I I was out there yest yesterday and 3 ft if I'm riding a bike and somebody stops behind the curb in 3 feet and we don't have any line of sight beyond that 3 ft that bike could be hit by a completely agree so to clarify my view is my understanding and staff can correct me is the deviations for the structure of the Tiki to be within the 3 feet right or within the 10 ft so we're not obstructing it we're just saying that the structure can be built within that 10 ft right so so that's my understanding and staff can correct me if I'm wrong mine my issue is the line of sight and how far down you'll be able to see and and I'm not seeing that the my my view is the line of sight is not being obstructed by the tiki because it's the tiki structure is what we're giving the deviation for not for line of sight at the ground we've we've heard from the applicant that we understand that there's going to be a low-level buffer that would be in that area so in other words they'll have plantings even within the tiki under the tiki to prevent people or other things from obstructing that that view that's my understanding I heard I heard the applicant say lowlevel plantings piano canoe all those things are good the question becomes so just what happens within that 3 ft versus 10 ft could I comment please yes yes go ahead I mean when I'm reading the deviation it says allow for a reduction in the depth of sight visibility triangle along the other Street or existing driveway from 10 ft to 3 ft so the the deviation is about the site triangle as worded okay my understanding is it's for the structure but if it's if it's for the actual site if we're actually blocking can someone clarify my understanding is we're not blocking the site triangle that we're just building a structure there um oh Jason do you want to well so the reduction in the site triangle will allow in their design at least one of their posts to be between that two and six foot area um what we've heard today is that they will respect the the remainder or the existing of the code which is to keep any of their plantings low level or a canoe or any other any other uh bits and Bobs or structures that they put in there are are still going to have to be uh at a level that is uh you know at 2 feet or is going to be clear from 2 feet to 6 feet but if they if they are approved for what they've requested today there will be a structure in the guise of at least one of those posts in that area but Jason do you believe the line of sight will be clear no I believe that was staff's intent to show that regardless of what you do there's going to be some mitigation and their argument is that they've provided um a a similar amount of view shed if you will um for people that are entering and exiting but staff's perspective is that yes even with their mitigation there's still going to be stuff in there they will do their best according to their presentation to not allow uh people in their seats entertainment things of that nature and you know theoretically that could be enforced through the the town's enforcement mechanism if they don't do that but I think the the expectation here is that there will be at least a post in there if not multiple posts depending on their um construction method well I think if look at the picture looking down the street you can see people sitting right up against the landscaping and it isn't affecting your view of the sidewalk plus it is extended out because of the trolley which gives you an even wider uh I mean and you but Jim's point is a bicycle right I agree pedri and I ride bikes I I mean you know I and golf carts and that 8ot sidewalk yeah I could clarify clarify the motion to say the um allowance in that deviation of the post right one post right because that's what it's going to be is it's going to I mean there's actually two trees there that are like tiki posts already so so my view is is my view was that in the 10 foot you would end up having a post you'd have your corner post I I think in my opinion right now if that's the intent is to then revise that uh perhaps the applicant can attest to how many post that they believe would actually be in that area because that is not an area that staff um had exact uh ideas about we know there will be at least one but perhaps they can attest how many they anticipate might be in that triangle would you like that clarification [Music] please I hope I can see if we can okay use that one there you go so you probably have two potentially two to three it's the top one on the up here right so I can't use the front I think it goes sideways yeah so the top left one would be view from a stero right so that the first post to the left potentially the second as so well they be in line or will they be angled cuz I they're going to be they're going to be in in so see the post at the far outside edge if you were to point nope keep going that one and it looks like a palm tree yeah yes y um so that one that's three that would be three feet back that's where the existing patio is and then there would be a second one farther here no let's go down a stero so you can't see it it's behind so they're going to be sequentially in line down a stero so so but as we know the triangle is angling outward so potentially one or two posts so we would to be safe we would say uh two vertical posts uh in support of the peeking structures and these are conditions 11 and 12 yes they are that staff has proposed so I thought staff was actually proposing that they were not allowing deviation 11 so their recommendation but then their conditions right okay are saying if this if you were to Grant the deviation these are the conditions 11 and 12 which we are uh uh fully agreeable to uh doing those other mitigation measures uh to provide for that visibility uh down a stero Boulevard equivalent of what was okay so I think I think that's right I apologize so I think no not at all yeah I think that staff did it staff's condition does cover right the support the structure permitted yeah within the designated support post right yes and and also compliant with the code in terms of the vegetation and or to remove the tree we can remove palm trees in in place of the vertical post so right I have to tell you that um frequenting uh Miss plumber's home uh and dealing with that intersection I think that this is a better solution than the tables with the chairs right and The Umbrellas because um because that was by far a bigger I mean imagine imagine instead of that post you've got a table with four people sitting at it the umbrella what people standing in four in a row yeah it was I think that this and plus the mitigation of having the landscape and DA's canoe or whatever it is that they're going to put there I think that this is going to be it it may very well improve the visibility triangle as opposed to the previous condition if the as Dian pointed out I'm okay with the staff recommendation of the vertical post okay but the way it's worded on the deviation is broader than just the three posts where's the deviation that was what I think the staff recommendation covers see staff said deviation because staff said without deviation 11 which is nine so then they put the conditions to address that and that's so okay so yeah so my motion stands with the conditions staff has recommended and I think that addresses consider okay so the so the motion's been clarified uh in a wonderful manner I don't know about that so we have a motion and a second is there any other discussion on this motion I hearing none your vote Don I Jane hi Doug um I like the project but I'm going to have to vote no because I'm just not comfortable reducing the site triangle thank you Doug John I Jim I and I vote I as well so uh congratulations you move on to the Town Council and thank you very much for the presentation okay so without further Ado we will move on to um question before we do that if that would have been um 100% in favor of still still has to have two minutes yeah because it's a resoning Madam chair two minute break oh five minut okay we'll take a we'll take five Sherry is so nice to see you okay so I'm well thank you e e e e e e e e e e e DCI 20232 46 a resoning from CPD to CPD an ordinance of the town of Fort Meers Beach Florida approving approving with conditions or denying the commercial plan development CPD Zoning for the property located at 125 131 and 151 School Street and 2661 2681 Estero Boulevard generally identified as strap numbers 1 94624 W3 0020 C230 1 94624 w320 C270 1 94624 w320 c029 for Fort Meers Beach to allow a mixed use development including lodging live work unit retail and a restaurant providing for other clarifications is necessary providing for conflicts of law scrier errors severability and providing for an effective date um do you have any exp parte Communications John uh yes I also had a meeting on this project with the neighborhood group Jin same I had the same same Shane same for me I had a meeting with the neighborhood company um you know I I was also part of the very first CPD on this property I don't know if that's relative or not but I was too uh yes you were too Jane um okay so we'll open this to staff Sarah good morning Sarah propes with the community with Community Development the neighborhood company on behalf of cottages at myerside LLC owner of 125 and 131-151 School Street and 2661 D 2681 Aero Boulevard has applied for a commercial plan development rezoning the property is currently zoned CPD and is in the boulevard future land use the applicant is requesting a CPD with six deviations to allow a mixed use development including four live work units 45 lodging units and 9,000 square ft of commercial space the proposed list of uses within the commercial space is a is attachment a to the ordinance in your packet the request includes the following deviation requests from the land of velopment code one a deviation from LDC D 10- 285 table 10-1 connection separation which requires a minimum separation between streets and accessways the mCP shows Master concept plan sorry the mCP shows a 76 foot separation from Oak Street where the code requires 125 ft of Separation uh two a deviation from LDC 10- 416 Landscaping standards to allow the use of an alternative landscape betterment plan pursuant to LDC section section 10419 this section allows applicants to propose a landscaping plan that is more effective or appropriate than the code required Landscaping uh number three a deviation from section 34-1 1804a and section 34-22 which regulates parking for hotels motels non-residential uses residential and combined use developments the deviation is to allow a 30% reduction in the required parking from 89 required parking spaces to 60 provided spaces um I believe that they had included uh additional deductions for bicycle parking however the code as it has been applied and as staff reads it only allows for a reduction in one space per you know you can't have 10 bicycle racks and count 10 spaces off right um deviation number four from LDC division 4 table 34-3 for the CR zoning District which limits height to 30 ft um and three stories to allow a maximum of 37 ft and a maximum of four stories a deviation from LDC table or division 4 table 34-3 for the CR zoning District which requires a street setback of 10 ft to allow uh for build to lines of five 5 to 10 ft along a stero Boulevard and School Street and deviation number six from LDC 34-1 1803 A1 which allows the conversion of dwelling units to hotel motel guest units per established equivalency factors to increase the byright equivalency Factor maximum of 10 2.5 up to 5.6 to allow a maximum intensity of 45 guest units rather than 20 uh the proposed development would have a floor area ratio of 1.19 including the enclosed areas at at grade and parking below the building this is in compliance with the allowed F staff is available for any questions you may have questions for staff John uh none at this time uh Jim several have we heard anything from the school district or Library District about this no that's really surprising because they've been here for every other event um surprising okay um and there there's nothing in the presentation the material has been submitted um dealing with alcohol at all um the only uh condition that we have in here is regarding getting cops let me get there real quick uh any tenant with consumption on premises will be required to acquire a separate cop license so that was not handled in this portion so that in this petition there's application there's no request there's no inclusion of a a cop so they would have to come back for that yeah that's correct right yes that is correct um I guess not indirectly affecting this I think we all received an email and I was a little bit confused in the email where it it says that somehow in our comprehensive plan amendment that we have removed the density element in commercial developments and we are now restricted just to F I thought density in the code was really on a residential side not on a commercial side so I was confused by the statement that we have given something up in the comprehensive plan amendment is that so the change that occurred in the comprehensive plan amendment was that previously we have so so if you look at the deviation number six that's really what this is talking about uh deviation number six talks about the maximum equivalency factor of 2.5 so the way the code was written previously and the comprehensive plan was written it required um density units to be used for um hotel motel spaces um and your maximum equivalency factor for that future land use district there which is Boulevard would have been 2.5 um it's been common through so that that isn't changing the density that's just changing the multiplier so um other hotel motel uses that have gone through the CPD process have ask for the same thing an increase in that equivalency Factor um so in this instance the applicant would have so if we look at that area that area would have allowed based on the subdivision underlying it if they applied for minimum use determinations for each lot that had existed there which they could do they would have 12 total units um they want to use four of those units for live work so that means eight units remain and they can use the multiplier the equivalency factor for those eight units to get hotel motel rooms so they have eight units density units that I'm holding up five I see eight they have eight um density units remaining if they use the multiplier um the equivalency Factor that's allowed there that's 2.5 that gets them up to 20 units so if they have the smallest room I think it's like up to 450 Square ft they could use the 2 and 1/2 and that would get them to 20 units however in this instance they're requesting 45 units which would mean there would be an equivalency factor that they're requesting of 5.6 to get to the 45 units so this doesn't actually have anything to do with density it has to do with the equivalency factor and it was the decision of Town Council previously and I think that we've had this discussion density really shouldn't be used for hotel motels that's a commercial use whereas residences that should be a density use so the way our code was written was sort of of a it was a way for the town to feel like there they had a little bit more control over the density about over the number of people who were coming to the island however the equivalency Factor has been very difficult to implement because we have a very low density so in most instances you couldn't make a hotel motel work with the very low equivalency Factor that's available and the very low density that's available I don't know that was a lot of talking and I don't know if it explained it so please ask more okay I think the email money DET terms in the use of word density in the hotel motel context yeah no and and in the past that really did apply um but I think everybody's made it very clear that maybe this equivalency factor is not the most important thing but they are asking for the correct deviation based on our current code and when I looked at uh how to deter if this was an appropriate request the decision with the new comp plan was to switch all of that to F and this does meet the F but this I think part of that email was the switch uh the the recommended changes to the comp plan are not yet in effect and won't be in effect for quite some time that so so we're still operating under our existing comp yes and and that's why they asked for the the deviation from the equivalency Factor yes thank you no problem any other questions no help it was all right Jane questions I'm going to wait until after okay uh Doug anything um not at this time how about you Don none at this time okay uh thank you uh applicant good morning good morning no Davies with the law firm of Davies Duke here this morning on behalf of the applicants uh we do have the full project team here today uh Beverly Milligan here and also Roland weinman as you know uh the owners of the property since 2012 um applicants professional planners are also here uh Mr vaness and Mr Gander with the neighborhood company uh the current zoning of the property as you heard uh from staff is CPD commercial plan development and we are seeking a a rezone to a different CPD so this is CPD to CPD uh this is not a comprehensive plan Amendment um you also heard from his probe set um we're in the future land use designation of Boulevard uh and we are compliant uh with that future land use designation again this is not a comprehensive plan Amendment uh but you um you are looking at it of course with respect to your rezoning criteria uh so we are seeking to change the master concept plan that was previously approved under the existing CPD zoning uh there are a number of deviations six of them specifically in order to to make the project work um with respect to the procedures uh for your rezoning process uh we are fully compliant uh with going through your process we had our prea meeting uh we also did a community outreach meeting and and we've worked closely with your staff on this application on those deviations the specific language uh and also the conditions that staff is proposing which we're agreeable with um we believe that the presentations that will follow mine today uh from the professional planners will provide you with the competent substantial evidence um as it's described in the in in the Florida case law as your town attorney has pointed out um will allow you that evidence presented today will allow you to recommend approval of this application to uh to Town Council and we hope that that's your decision today um at this time I'd like to turn it over to to Mr Bass Madam chair I would like respectfully to reserve um some time for rebuttal in the event uh there are comments or questions with that thank you very much Mr vaness thank you all nice to meet you good to see you Mr vaness good morning good morning uh for the record Patrick vaness certified planner with the neighborhood company uh it's a pleasure to be uh before the LPA today it's a pleasure to have you Patrick you and it's even more of a pleasure to be able to speak to you individually or in this public forum openly and transparently and not being an LPA member or not having a discussion so really appreciate that really appreciate your time to go over these applications and walk you through them previously um so before I turn things over to Mr Gander my colleague who's going to walk you through the detailed application detailed project uh what I want to do is I want to provide a little context a little history a little background as you know I've been on this island for 21 years um I know the history of this project and I was also involved with the previous rezone on this property to CPD um so before I go into that rezone some of the details um I I got called in in 2020 uh by Beverly Grady who is the attorney representing uh the app and uh she was having challenges get through the um the relationship with the town manager and the challenges of getting through that uh process and I had heard some chatter and town about how the town manager was operating and his regime and um when I really looked into the challenges they were facing uh going through that reone uh I could definitely tell that that um they weren't being traed treated fairly and that's why I signed on and um was part of that team to bring that project forward um so without going into too much detail on the zoning application just to give you a little background this property was originally uh developed in the 1950s 1960s uh those were individual cottages and one larger building with a few units in there and that's the one that Still Remains standing to this day uh it had 12 residential units and and Jim you know your question of density is indeed relevant we're going to talk about that as part of our uh presentation but those were 12 residential units uh this was a rental Community um and it thrived for many many years um it it was housing for people that lived worked and played on this island and it it provided a great little community for them um unfortunately in the uh '90s and early 2000s there was a change of ownership and um the um the maintenance wasn't kept up um the building started being dilapitated and there was a different element that started occupying um the premises and it became one of those uh areas in town where we had a lot of cod enfor enforcement issues we had a lot of police enforcement issues um however um Roland and Beverly looked at the property and they saw a diamond the rough they had a vision they had a dream of turning that uh little residential neighborhood into a resort and keeping those historic cottages and making it a small Resort that would cater to return visitors and kind of a family resort also with with groups that were were families because some of those units were uh residential units in nature so they had kitchens and bathrooms so really catering to the longer stay uh type of folks um so the good thing is they bought the property 12 years ago they immediately started cleaning it up and when they uh took over the uh police enforcement issues uh ceased immediately so um that was a great thing very positive unfortunately their code enforcement nightmare began at that at that point and without going into all the details um they were um they were facing a lot of fines a lot of challenges uh enforcement issues um from the town um I would have thought that the town and the town man manager would have liked working with someone that was trying to improve the property enhance it um they thought they would be embraced however that wasn't the case it was very difficult very challenging so before they started investing significant sums of money to update all those cottages and keep in mind pretty much all those Cottages were non-conforming uh they were old historical Cottages built at uh different time when the codes were very different uh so there were non-conformities all over the place um and again they were afraid that they could get shut down or or fined at any given time so in order to feel confident moving forward investing a lot of money they decided to go through the rezone and that rezone essentially was to legitimize what they had on site and kind of eliminate those non-conformities so they wouldn't have those Perpetual fines or or code enfor uh issues um so they they went through that process they brought me in uh from the get-go what I told them is I think you are leaving density on the table uh basically what you're asking for is much less than what could be legally obtained um and I I'll go into this a little bit um so these were residential units and we have this ability in our code with this conversion Matrix you start off with residential units if you want to get Hotel units you can apply this multiplier of 2.5 in their case for this property um so they had 12 existing units on site and Ken if you can for that to the uh existing mCP um so that's that's the mCP that they they had approved through their rezone and essentially um what the rezone allowed for was uh two more than what was existing on site 14 units the extra two would have been a new Cottages with two units on there and it also gave them the ability to move to the existing cottages and have a small restaurant and a small uh souvenir uh Boutique on on site um Ken if you want to go back to the plat however so um going back to this multiplier um if you look at this plat um the area identified in yellow is the subject property uh it is planted for 12 Lots those lots uh when we look at today's code or non-conforming lots are a little smaller than what code currently allows as you know individuals can come in and ask for a minimum use determination which allows them to put one single family home on each of those lots so if we apply the multiplier in the the uh code today by right they could take those 12 single family units multiply those by 2.5 and they have 30 lodging units so what's important today is we agree with staff's math and part of the confusion part of the the way this is getting complicated is we want to provide some live work units um Ken will address this in more detail but we really look at it as our starting point today is by right they could put 30 lodging units on that property today or conversely they could do 12 single family units and they could build those single families as big as they can fit on the property and that's our starting point and what we are requesting today is a true use project uh with uh commercial at the bottom which would provide commercial space that we would cater to existing businesses we do have a bunch of businesses that are having difficulties with their current uh Property Owners to be able to get back into their buildings um so it could cater to those folks but obviously the intent is to have commercial space that is a benefit both to the residents and to the visitors uh also above that would be a boutique hotel and that's in keeping with the dream they've always had to have a uh hotel that caters to families and longer term stays where people come back every year and they build relationships with those patrons um so without further Ado I'll turn things over to can he'll walk you through the density we know it's an important issue um I think it'll make sense we are going from 30 to 45 so it's an increase of 15 units given the economics of rebuilding and a lot of you are in the same boat that I'm in you guys know firsthand how expensive it is to rebuild the challenges of meeting uh new female requirements and code requirements and we believe the 15 additional units is a very reasonable requ Quest and we've made every effort to design a project that is in keeping with this island that is consistent with the vision for this neighborhood and that provides benefits both to the residents and the visitors so with that said I'll turn things over to Ken and I'll be here for any kind of questions and um comments later on thank you thanks Patrick thanks Pat Uh again Ken Gander for the the record neighborhood company um P prefaced it and laid this Foundation uh very well for us uh but I don't want to belabor the points but again we're going from commercial plan development to CPD and as we uh outlined this is a true mixed use development that we're proposing uh which fits within uh the vision of uh what this heart of the island as a component of your comprehensive plan describes uh for this area so we looking at a 45 unit uh as we reference a boutique type Hotel uh with limited commercial approximately 9,000 square ft and uh live work units uh of four of those um so as described we're seeking that additional 15 lodging units uh Pat referenced uh the commercial component uh through our efforts and you know Community meetings and talking with the public and Pat's intimate knowledge and Beverly and Roland's intimate knowledge of needs and wants of what's been affected in the community this health and wellness aspect of it really bubbled up to the surface so that's that is an element that we really want to provide an opportunity that these individuals that may have been re uh dis uh located off island or Desiring wanting to come back or you know new locals or new uh opportunities that's an element that we just want to uh focus on but again I think there's also just a need for Quality commercial space uh that can be utilized in this uh heart of the Island area um our this allows in consistency with our comprehensive plan we obviously are able to move through this reone uh opportunity um again we have there are three designated uh strap uh Parcels approximately just over just over an acre uh future land use designation Boulevard as uh uh Mr Davies pointed out and uh the existing use out there currently is a majority of it vacant but they've had opportunity to provide for some housing uh in the building to the very rear of the property uh obviously the surrounding uses we have the public rights of way where we are located ated this Bay Oaks Recreational campus this interim uh Town Hall facility obviously the elementary school and then other mix of commercial and lodging uh surrounding us and again the library and the uh unfortunately vacant uh uh Church um let's see keep turning my pages but I'm not turning the slides um provide an aerial photo and we all know where where we're located uh but we've identified this is the property at the corner of Estero school and uh Oak Street what we have here is the proposed uh Master concept plan uh just to point out some key elements to what we're proposing and in keeping with the desired uh design and form of uh this part of the town the building which is the darker shaded footprint is oriented close to a sterile Boulevard also oriented close to School Street and in order to do that a few of our deviations reflect that uh ability to move the building closer that just enhances that interaction with the public realm and we'll be able to really visualize that with our renderings uh that we've conceptually put together to show that uh in consistent with a lot of the uh development form is desirable is the parking is to the rear and centrally located within the property um and uh the accessibility we have uh designed it to utilize and relocate existing uh access points uh and through our effort of reducing the multiple access points and uh parking uh within the ride of way that it currently exists so those are uh right out on to Oak Street uh uh in order to get to school street and then the full Ingress egress uh at that point in the northeast corner of the property um in terms of our buffering and enhanced through our alternative landscape betterment plan uh we do have a there is a residential structure uh to the west of us uh we have provided Ed for a the 15 ft uh type-c buffer but in our alternative landscape betterment plan we have proposed that typically requires a wall we just don't feel that that's uh necessary we've enhanced it with Landscaping uh and more natural features that we think more complement uh that interaction uh with the adjacent properties again uh our location is in that heart of the island and the intent of this is to encourage the infill opportunities and of course due to the uh Unfortunate Events of hurricane Ian there's these opportunities to provide that in full type Redevelopment and they encourage that mix of uses which this project certainly does and provides that uh commercial opportunities and those retail services not only for the visitors that maybe uh that would be staying at the hotel but also for the visitors you know coming to the oh residents right I'm sorry and uh that maybe going to the uh ball fields or uh to the library it just adds that element of complimentary uses um it is a transitional zone between the downtown the more heavily urbanized area and then as referenced in your comprehensive plan that quiet Center so this is that area that we're not looking for anything extravagant and uh very uh over the top so this is that element of that transition as we said we want to design the project to activate the public realm uh the build two lines getting that building closer to a sterile Boulevard and School Street uh the vehicle access again primary behind the building uh providing for appropriate pedest connections and uh improving that uh those uh that situation and that uh ability to complement to encourage uh pedestrians in that area um so what we're going to do is just walk through uh some of our renderings that we uh you know have seen however I think it's just beneficial that we uh show what we're uh wanting to uh promote and uh redevelop on this property so this is uh an image that's at the corner of a stero in school street so with this we're really wanting to provide for that corner uh uh Ambiance uh a very distinct and uh inviting element to the property again as Pat mentioned the ground floor the first story first floor would be your commercial uses uh and uh with that we're wanting to provide for this pedestrian arcade so the area uh under those awnings is that really set back a little bit so then you have can walk uh throughout the development out of the elements etc etc but also complimenting the infrastructure that the town has put in along the rideway as well and uh encouraging and not encouraging but uh wanting to do the Landscaping that uh the heart of island has even expressed as wanting those Palm lined streets so we want to incorporate this Vision that's been in place in the town for uh for years and we're wanting to do that both along a stero Boulevard and uh School Street this is uh the elevation uh directly adjacent to uh a sterile Boulevard you can see the elements of uh the structure uh being uh the height is being less uh towards the Western portion which is adjacent to the single family home and that where the arbor uh pergola structure is uh that is the pool deck that would be serving the hotel uh visitors and guests uh again the first story is the commercial that Second Story would then be uh your lodging units above that integrated in the Dormers and Etc would be uh other units and then the top floor would be uh other units but as an element of this we are stepping back as you go higher the roof lines and the height and the portions of those buildings are step back sort of like a wedding cake approach this is looking the other way towards uh the library along a sterile Boulevard again just showing those elements uh the uh articulation and the architectural uh features that we uh desire and uh wanting to provide for and complimenting this area of town this is looking down School Street uh the intent of engaging that public realm providing for dist amenities that uh you know as children may be walking to and from school uh waiting for their parents that could be a spot for them to uh uh weight uh out of the shade or in the shade this is a view of the Interior portion and this represents uh what we have uh proposed in terms of providing for the work live or live work uh units uh those would be along the western portion inside utilizing uh elevating those to provide for uh the parking uh for uh visitors guests and uh people coming to the uh commercial uh component of the development when ah hit on height um this slide represents uh identifying obviously our project uh but the uh single family home to the west and then the public library to the right I know it's hard to see the information on the slide but we are zoned height is 11 ft BF plus the three freeboard which is what we Define as the design flood elevation so that'd be 14 ft and from that point up to the midpoint is 37 ft and that is uh the 7 feet is our deviation that we're requesting overall height which is just strictly looking at from ground floor to the top of the roof uh structure we're looking at uh 50 ft and it's again uh a component of four Stories the ground and then the three floors above it uh in terms of our relationships and compatibility with other structures surrounding us uh the library is approximately uh 59 ft high so we are uh within relatively complimentary to that height we're below it and even with the single family home uh to the west and as we pointed out our design uh shifts majority of the height to the U it would be the right side here or more to the Eastern side in the lower portion and uh uh along the residential side um in terms of other what's coming down the road and as a result of the hurricane we know that the structures across uh the beach area they're well they're going to be within the 50t height because of having to design and build according to the FEMA uh regulations next slides are just additional slides showing uh how we are stepping back and using the form and the design to uh not create necessarily an overwhelming and a walled off effect of a structure uh the varied roof lines everything that uh I believe the we believe that the town has been seeking in terms of a good design and form uh in the development that's the same slide as before again showing the step back or the wedding cake approach and this is a view along School Street showing the fenestration or the windows and the articulation uh of the of the uh uh development so as it's been discussed before let's go into a little bit of this density and uh the intensity part so as we've identified that we're at this 45 unit a boutique hotel as part of a mixed use development and as we want to identify there's really two density equivalency scenarios that we're dealing with again as Sarah uh described before Pat Uh also referenced is we have those 12 uh underlying dwelling units as part of the uh minimum use determination and we recognize that it's appropriate utilizing the four proposed live work dwelling units that leaves us with eight and times the equivalency Factor appropriate for this development that provides us the uh ability to reach that 20 lodging units so under this scenario uh using the equivalency Factor uh math that would require require 25 additional lodging units beyond the 30 by right now as we develop the project as we thought about what could we provide and this mixed use element the town is seeking to encourage uh and even in the uh the policies under the heart of the island it even speaks to live work uh opportunities and this mix mix of uses in this area so and the town has uh looked at and thought about how we can provide for some level of attainable housing Workforce housing affordable housing however you want to call it but this opportunities for different housing Types on this island so we thought well let's integrate this live work unit and seeing it as a benefit it's a a component that the city or that the town would like to see and um however if we were to eliminate that live work uh component that density then we're looking at applying that equivalency factor to the full 12 dwelling units because we would not have those live work units even though we see that as a benefit that then changes our calculations to 15 additional La units beyond our 30 by right so the last bullet there is if we were to seek uh the 15 additional lodging units that's one and a half times uh the uh by right or a 50% increase if we were to utilize uh keeping the live work units and deducting those out of the original 12 uh that moves us up to a 2.25 increase or 125% and just for perspective the town has allowed for and approved uh a density increase of 200% or even three times what they were allowed so we're well below in both of our scenarios uh that uh uh allowance that's uh been set uh Patrick already looked at and confirmed uh the subdivision the existing Lots so with in terms of how we can apply this density uh and as Sarah pointed out and as this town as and we understand it's not been adopted but I think it behooves us to look at the applicability of the flu ratio and it is a universally applied uh tool um in other my prior life you know looking at F and dealing with this in other jurisdictions it's something that you really have to work at but it is appropriate in terms of looking especially at mixed use developments gives you that tool along with you know your appropriate setbacks your height it's a it's a very applicable tool and I uh commend the town for looking at this and thinking differently but if we are to apply the F under the boulevard uh future L use we are actually allowed to seek up to 1.5 F that would allow a maximum gross floor area or building area of 67,341 CPD uh the FL area ratio is 1.2 which is a 53580 ft building area and what we're looking at overall for our gross floor area which also includes the town uh includes underbuilding parking which we think is a little bit of a something that needs to be evaluated in itself um is 53,486 ft so we're be below yes by you know 100th of a uh digit uh the allowable maximum under the CR zoning uh of 1.2 terms of transportation and parking uh our TI has been reviewed by staff accepted by staff uh and how it addresses uh the design at constrained uh Transportation facility or your Stellar Boulevard uh and it has been determined that this mixed use development will not create any adverse Transportation impacts on the existing impacted uh roadway Network I think another element that we really want to dive into to help understand our perspective on is uh regarding the parking and as we determine uh and I believe Sarah mentioned it was 89 space it's 89.9 so we'd be happy if it was you didn't have to you rounded down but we decided well we'll just round up to 90 spaces and in our deviation number three we're seeking that 30% parking reduction which is what we found is pretty uh Universal uh the Sandy Bottoms project was originally approved for 30% parking reductions and that's just uh few uh blocks down the road uh other uh projects have been allowed parking reductions but what we want to just help identify that we're dealing with is and this is typical for many many communities and uh communities that we work in is behavior of vehicles and uh use of parking lots that uh a lot of the parking regulations and standards are outdated uh they haven't been updated to reflect um perfect example are banks uh people just don't go to Banks but you still have these large parking lots that are still un vacant or unused or unutilized and what data is currently showing is that 25 to 30% spaces are typically unused uh for a majority of uh developments these days which encourages vehicle use which impacts the roadways which is something that we're the town is just thinking about and striving to work on elements to improve upon how we can deal with that but as I mentioned before uh parking uh reductions are allowed in other areas of town we are promoting uh as stated in policies and Regulatory options is the multimodal options using different modes of transportation in the town uh we want to use the bicycle use and parking for it yes we are require asking for a reduction of four vehicle spaces uh by providing 16 bicycle spaces yes that's beyond the strict limit of what the code says is you get one vehicle space for just four parking spaces well we're not asking for anything 10 bicycle racks and you know significant 10 vehicle spaces compared to that but we believe our deviation incorporating this request is appropriate uh the development is committed to having bikes for guests that you know if they choose not to uh encourage them not to drive uh or utilize as we've been discussing in potentially other projects is they get to their destination without a vehicle provide them a bicycle uh to maneuver around uh I've experienced that in other places and it works beautifully uh so they understand that and willing to utilize that accessibility to The Trolley Stop uh the town is making efforts Le transan is making efforts to provide for these strategic spots let's encourage that opportunity to use that and it's a 100 ft away uh from this development and as we said before The Pedestrian connectivity the design of the project this promotes that element of people walking down the street you know it this gives them a destination to let's just walk down there rather than having to worry about uh driving uh along a stero Boulevard so thinking about other mitigation or other methods that we could focus on and that we're willing to uh evaluate and moving forwards to address parking is there's obviously the opportunity for valet of the hotel and restaurant and this could uh per our design uh allow for approximately 8 to 10 spaces that could be doubled up you know a valet service they manage vehicles and they understand how to park them maneuver them around um the prior Meer side actually had a agreement with the town to utilize approximately four spaces uh along Oak Street so they would like to continue that opportunity to utilize there's unused spaces along this area uh we understand you Haven included that though that's not in your is not included none of these are included um we understand as we were talking before there's just underutilized parking that's uh within close proximity you have the church uh unfortunately yes it's not being used at this point in time but there's land area that could be uh used for shared parking you know potentially five even 10 plus spaces there one unique uh aspect of the Land Development code is uh you double count spaces when you have a restaurant and then the restaurant has a bar you count both that square footage towards your parking requirement so we're proposing a restaurant with a bar and so that adds approximately 2.4 odd spaces to our parking calculation so we just don't feel that double counting is necessarily appropriate but that's how the code reads but if that was to go away we would gain you know two to three spaces there and uh and as we've been as we've communicated with uh Town leaders uh there's just an idea of working on a more comprehensive Transportation parking mitigation and you all will certainly I think be involved in that or wanting to push that along and we are committed to working with that how can we think outside the box to try and improve uh L impacts on the Estero Boulevard and promoting uh alternative uh uh ways to get around and reducing the impacts of parking uh I think that's just a trend that we really need to focus on uh with regards to we're consistent our opinion we're consistent with the criteria under the comprehensive plan uh redeveloping the town with desirable Commercial Services along a stero Boulevard in those neighborhoods uh uh The Pedestrian friendly design and compatibility U maintaining it with the mixture of the surrounding uses uh we want to focus on uh there's non-conformities especially with in terms of the access points and uh the vehicle locations so those are going to be eliminated improving that pedestrian safety and the V vehicular circulation uh building code meeting FEMA uh uh flood zone compliance uh being in the uh a coastal a Zone as we've said many of the projects and urban Services already exist and supported supporting the Redevelopment uh and the site has already uh been impacting uh this is a Redevelopment area so no environmentally critical areas for the deviations uh we believe uh again the objective of the plan development that flexibility our deviations are appropriate none are deemed to negatively impact the Public's health safety and Welfare again that provides us the flexibility to really move this project along in terms of Redevelopment the town is really seeking these opportunities for something to start coming out of the ground and the consistency of our proposed deviations are consistent with the comp plan so a major component of uh what we're requesting the increase of lodging units and our proposed development we just want to identify and we've got a list of public benefits we feel are uh applicable again that elimination of non-conformities on the site uh the opportunity to Redevelopment we're providing for that resilient and hardened uh development that will s hopefully sustain uh the next storms but it certainly uh will be uh beyond what was existing there before uh enhancing and increasing the buffers and setbacks where abing residential and Civic uses but providing for those improved enhanced buffers and uh areas uh for the public realm and creating that pedestrian friendly uh environment that's encouraged uh by your uh comprehensive plan and land of upma code the ability to reduce vehicle trips as we were discussing before of encouraging the bicycle pedestrian and uh I'd have to say uh just trying to encourage more of the transit the lran uh opportunities that they've invested along a stero Boulevard those neighborhood commercial goods and services that uh we feel are so critical for a town to be able to have those opportunities to have those uh uh uh that square footage that they can use or come and uh benefit from uh that One-Stop shop uh for the health and wellness is an idea uh that we'd really like to encourage and we feel that that would be a benefit uh to the town of knowing that that health and wellness aspect is uh concentrated and available uh for uh Town residents and even visitors if uh uh they need that type of uh service compliment mixed use to that Civic Center Envision for This Heart of the Island area uh we feel that the architecture that we have conceptually representative is a benefit uh that form goes a long way uh to bringing the community and bringing that momentum going and contributing to the uh Redevelopment uh of the island with this mixed use development uh certainly would strengthen uh the town's tax base so we are agreement uh with the staff uh recommendation of approval uh and conditions uh we honest you know as we've worked through this for months and months and garnered public input and met with you and uh met with others uh this isn't audacious this isn't an extreme this is an exorbitant request it's very reasonable it's very appropriate for this area and we just respectfully request a recommendation by the LPA uh to the count town uh Town Council to approve uh this resoning and I think Pat wants to chat with you more so I'll hand it over to you Pat great thank thank you very much Ken thank you Ken just uh add a few things uh that came to mind as as Ken was talking um again reiterating that this is a very reasonable request and I know that you have received a public comment letter that we also received and and I want to emphasize that great architecture and great design can't be minimized it can't be dismissed when you think of great places that you like going to and the sense of place that is created with good design and the appropriate projects in the appropriate place to call that to to to dismiss it as a public public benefit I think is very shortsighted um you know I if if you look a very different scale but if you look at the Mercato in Naples if you were to dismiss and say h that's a private development what's the benefit to the public I think it's an iconic site for Naples there is a great benefit there if you were to look at Santini for example and say well that's just a commercial site there's no public benefit well I would say go talk to all those people on the southern end of the island and they can't wait for santin to reopen because there is a great benefit yeah so so so please don't dismiss the importance of that and I think there's been discussion about how important form is and to not get hung up on uh density numbers and exact height numbers and if the form is right and the look is right and we are consistent with the comp plan and again going back to the F that's why the F becomes a better tool we are consistent with the F and the exact density and exact ratio is not all that important but also I'd like to talk about height just because Ken didn't go into um a detail that we we discussed with you guys so when asking for deviation for height we have to use the CR zoning District as a base district for us however there is a section of the code that allows any body on this island including residents to get an additional story of height and to get an additional 5 ft if they meet certain requirements some of those requirements are if you stair step your building provide a greter setback on your upper floor or if you don't fully enclose your downstairs uh so that would allow anybody to get up to 35 ft Zone height we are asking for 37 and we have that stair step we've been very careful with our design to provide a quality design design so essentially that that deviation for height is is truly a deviation of 2 ft technically it's seven because we start from the CR zoning District but anybody on this island can Avail themselves of that extra 5T and extra story um also I'd like to point out that we have provided uh letters of support for the project including the immediate resident to the West um they've provided lot of support the um the church also has provided a letter of support and we have someone uh that provided letter of support uh her uh Salon that said they are truly interested in that space and can't wait the for the project to open and they be a potential tenant um also um would like to point out on the benefits if we go back to the conditions of the original PD zoning um the applicant provided a $122,000 payment in lie for construction of the sidewalk along School Street so that money is still available the intent is to have a sidewalk so there would be a sidewalk there would also be a pedestrian arcade so again uh really improving and enhancing that Corridor making a lot more uh pedestrian friendly um with regards to the live work units um how big are those Patrick uh they're there's small efficiency units around around 100 500 ft um there was a lot of discussion right after the hurricane of doing something associated with call it whatever you want attainable housing Workforce housing worker housing employee housing on the island we we know that as things have evolved it's become a little less important A Little Less in in that public discourse we see see it as a benefit still we uh would like to make those uh first available to the tenants of the building and those those uh those businesses we think it could be a way for them to attract and retain good employees so if you've got a manager uh at your business and you provide him uh housing right there on the spot it could be seen as a great benefit that's a way to reduce a few trips on the road we know it's it's not uh very significant but it does help us with our Workforce uh creating a sense of community and getting stable people and and good service for these businesses so we see it as a benefit if if you guys see it as a detriment when it comes to the ratio and how we calculate the density look we're willing to remove those that that wasn't the the intent the primary intent is really the mixed use of the commercial and the 45 lodging units we saw we truly saw those as as a benefit to to the the the the commercial tenants and to the town um also can I back you up for a second though you said we'd like to offer them first to the uh employees uh that means that they're up for grabs uh they're they're available they have to be we we we can condition this no problem with there' have to be a demonstration of uh that employment on the island that you have to be employed on the island the you have to demonstrate that and that it has to be a uh long-term lease meaning at least 6 months and above and that would be uh tracked and demonstrated on a you know quarterly or by anually basis okay um last thing there was mention of the cop on the property and I just want to make sure that we all agree on this we understand so and and and when I was talking about previous regime maybe overstepping we were mandated at the last minute to ask for a deviation related to that cop previously and I just want remind everybody that we went through that elaborate discussion and it was supported by Town Council however in reading the state statutes and having a discussion with Sarah if you are a restaurant restaurant that's that's allowed to this of alcohol but you are primary a restaurant we've talked about this at the LPA more than 50% of your sales 51% of your sales and higher is for Food Service uh you don't need a special permission from a state standpoint uh you have a restaurant you're allowed to serve uh alcohol within your restaurant you do not need a deviation for it that's why it's not part of this do they need to get and obtain a cop from the state of course they do but from a zoning standpoint at the local level our understanding is nothing is needed because they are restaurant not a bar and again that's that's an example of the overreach in the previous regime so with that said I'll um be happy to answer any questions and address your comments and um Patrick there was there was um um objection from the school board uh on the last CPD relative to alcohol sales you haven't heard anything this time no and and I think again with the previous regime by calling it out when it should have never been called out that's what precipitated that issue again we are a restaurant like many other restaurants that will sell sell alcohol but we are not a bar okay uh questions John yeah I have a question believe it or not it's it's about the four units um which you seem willing to do away with if there's no public benefit um in my mind instead of for efficiencies and I know this is getting in the we and design but 2,000 foot units might actually allow you to have a family in there that would contribute to the schools uh and perhaps be a little more stable uh for your manager or quite frankly even somebody else who lives on the island perhaps a teacher or somebody else we um we're more than happy to entertain that um we're getting nods here from the applicants if you look at our design that is the lowest part of the building it's only one story above there is room to make these units bigger uh again we were trying to be a little conservative here and and um initially the idea was to provide more rather than fewer but but larger units might make sense and and that's a good comment we'll we'll evaluate that for sure thank you uh questions Jim if you're not ready I can come back to you no no I I my question is really um I mean it's a great design like you said a beautiful project uh uh fits well but I'm struggling a little bit with the parking if you have 60 spots and you took four off for bikes you have 56 spots and you have um three handicap that I guess they're required but they're not totally available you have 53 spots you got 45 units you got 9,000 square ft of uh uh commercial some of of which is restaurant which is a little higher intensity in use is you know it would be nice you mentioned the library you mentioned the church would be be nice if there was some overflow plan that was specific because it seems like there's a deficit on the park um as part of the yeah and um Ken can can address the exact numbers but um I think it's 60 parking spaces plus the bike racks I get your point um I I think there's numerous ways we can address that and that could be conditioned also as part of uh any kind of uh recommendation that you make but let me address a few things a our codes are typically overpark for for most uses um also when you do a mix use you have some internal capture and and and most places reduce the amount of required parking when you do that mix use uh because again you're you're creating um kind of a venue where you encourage uh bicycle and pedestrian use and you also acknowledge that all the parking spaces will not be utilized at the same time of day um that being said fully understand your point we think we have Solutions we've presented some of those Solutions um previously um Bev and Roland were uh leasing out for spaces that for the longest time along Oak Street um there was parking there that was public parking and they had their they had two driveways and some of their folks use that parking space um later on the town uh said no it's our RightWay and we'll lease those to you and they entered into an agreement to lease those uh fully open to that idea uh again we don't think that 30% is that great of a reduction um as mentioned um there are other projects including Sandy Bottoms that came uh forward today that have that 30% reduction already uh but we we believe that it makes sense and should there be a need to mitigate for it there are solutions including Valley parking that we can do on site including a shared parking agreement with uh the church and there's been discussion with the church unfortunately you're willing to have those as conditions to your well the condition that we have to address that and come up with a solution when we get to council because for example we've talked to the church the church at this point hasn't decided what they're going to do with their building they acknowledge that they have additional parking they've always had additional parking they had that gr grassy area right by the library and that every time the school had an event people would park in that grassy area so they see it as oh we can p potentially do a share parking agreement we get some Revenue out of it it could be a win-win but they can't make that decision right now because they have not decided what their Redevelopment plan is uh same thing with B Oaks right now we have Town Hall here which changes a little bit the character of things but you know if we if we go back to how Bay Oaks always ran before Town Hall was here there was overflow parking and there was an opportunity where the town could Le some parking space and make some Revenue um from from that Arrangement so we think there are ways to mitigate for that and we'd be happy to explore that and talk to staff maybe until we get the council and come forward council with something that might work Patrick you know there's discrepancies in the number of units you're asking for on page 470 of our of The Proposal it says 42 units um and then yes we we've noticed some little discrepancies as we went along so we created um the narratives early in the process and as things evolve going back and forth with staff and changing the application a little bit I I think we didn't go back and correct the narrative fully but uh the correct number is 45 the correct number is 45 lodg 45 with the four or 45 no that's 45 lodging units plus the 49 we're talking 49 questions J no I'm sorry we should not mix the two no right yeah okay well um I I agree with the parking issue that's my biggest problem because I'm thinking 9,000 square ft of retail 2,000 of that being a restaurant uh I don't know that's 2200 of it being restaurant was what was in here I think and that's bigger than my house and I was sitting in my house going okay how many tables and chairs could be fit in my house with a kitchen a lot and I'm thinking 70 at least and I'm thinking not 70 tables 70 people 70 CH yeah okay so I'm thinking where how do they get there and my you know my other thing is is you know having a hotel prior um most people did bring cars and so if 45 people are going to be there at night to sleep that's the difference in in Sandy Bottoms is nobody is living on top of that building and require to be able to sleep there that's I I still I I think 14 parking spaces or 14 or 15 parking spaces for 20 for 9,000 sare ft of commercial use where does the employees that are going to serve these people where are the cooks where are the um Spa people going to park where are their clients going to park uh and I realized that all of that would be you know in and out for the spa people because because they can only handle one person on a mat but you know the point is it's the conglomeration of all of that having employees working there and customers that I just I I don't see how the the retail works with parking and I don't see how you can add more parking spaces and would totally respect that perspective of but you have to again Your Land Development code allows for they call it a multiple occupancy complex and that's another term for this mixed use so they through your code you can look at you're going to have all these uses there and it reduces the required number because they understand that there's going to be shared or internal capture for you know I might Park here go here go to the restaurant get my hair done this that and the other so you don't have to have all those parking spaces for that you also have to take into consideration most hotels aren't fully occupied 100% of the time all the time that's it's oh sure that would be a desirable but you know you look at your targets they build a thousand parking space for one time in the year and the rest of the time it's vacant and it's just poor use of resources it's you know you're over uh parking you're over providing for that facility so you just have to so you have to think about these other components that are intertwined and I think a component of a lot uh I think an opportunity is uh you can further analyze your uses through a special parking analysis that's done and understanding the behaviors of the visitors behaviors of the type of uses that you're looking at so that's an opportunity down the road as part of the development order that could be used to further uh determine the exact parking but through what we're seeing utilizing your Land Development code the potential for these real world real time opportunities I think uh our parking is uh reasonable and appropriate well I mean if you can get the cook the dishwasher the two waitresses at least the bartender the coner person to seat them and you know that's you know but Jane that's not the standard we utilize with downtown for example okay and but it's not downtown I know but but but you know there's places downtown that don't require parking at all so what we're sound a lot more walkable understood but you also have to understand that we are a very short bike ride to downtown you know it it and and we are so are think trending as a town and trying to look at parking in a different way and look at how it encourages vehicle trips or not and looking at Alternatives and that could be through you know paid parking spaces or at some point kind of a push for public parking um so I I I fully understand what you're saying but I don't think the right way of looking at it is is saying 45 rooms a chef a maid a this or that because again that's not how parking ratios and requirements work uh they're based on it manuals where they look at things comprehensively and establish an amount a and I think right now a 30% reduction is consistent with a lot of other communities where if you do a parking study if if you are in that range of a 20 to 30% reduction staff can approve that administratively in most jurisdictions okay Patrick hold on a second Doug Don do you also have concerns about parking or no um I'd like to comment on parking um if I may go ahead I think the parking's okay because I think our one of our goals in our comprehensive plan is to reduce traffic and less parking people are going to be more motivated to find some other way to get to the beach than drive a car if they can't find a place to park not that I want to burden that but in addition in that very area you've got um I imagine at night if you could work something out with a library there's a whole big parking lot there that's totally not used at night there's all of the parking around here that's probably not used at night that you could arrange valet parking for your ho for your restaurant they could utilize they could arrange valet parking at the library for the restaurant which would be preferable actually than people trying to drive around find a parking spot and uh I think I think as we look at these future developments on the island we're going to see that we can't fit in all of the parking that we're used to seeing and maybe that's a good thing in my mind because you know who wants a Walmart parking lot you know using all that land up for or uh just because we're trying to meet some code that's convenient but I think 20 years from now we're going to see less cars on the beach so got to look at the future concern about yeah just yeah I think that I think there's this particular project has a lot of um opportunity to address the parking situation there's no question I mean you do the math on it you know forget about the code for a minute practicality of it is you're going to need more spots than there I mean we're we're going to see people parked in Bay Oaks we're going to see people parked in the library we're going to see people parked down at the uh whatever the little shopping center is no you won't yeah you will yeah you will CU they they'll charge for parking and you know anyway but uh the point the point being people will park somewhere people will find it um I do think you know that's one of the things I think we talked about when when I met with um Ken and Patrick but just you know I said what about the buffer on School Street is there any way to you know get the town to you know put some pay parking spaces in or put some you know put some sort of parking I think of golf cart parking it's smaller than vehicle parking there's you know potentially not saying redesign the project but you know put a deck right like one of the things I said is hey there's four you know uh dwelling units how about eight you know or how about we put a I don't think I said this but put a parking deck one level up right then you got double parking and so just I think there are ways to address it um I have the concern but I think those car lifts like they have at at Margaritaville right so there's ways to address it and I think if the applicants are willing to address that with either some you know parking agreements or other things I think I my concern is less I think this town I think this project is it's got a lot around it right it's it's uh it's an awesome looking design um I think it's the concept's great I think a lot of thoughtful analytics went into looking at it and how do we make this work this is going to have to be done like 15 times at least on this island very similar kind of solutioning if you will so I I think it's a great example of of what we're going to have to see and what we're going to have to get a little more comfortable with it's like the whale you know when we did the whale I'm like man there's no way there was never enough parking at the whale before there still isn't going to be enough parking at the well but it's a reality we're that's where we live right that's where we are we only have so much land and I think we're going to have to get a little comfortable or get comfortable being uncomfortable mhm and I think it will encourage as Doug said I think it will encourage people hey I'm going to ride my bike or I'm going to you know I'm going to I don't know carpol to work or whatever the case may be I think there's going to have to be uh some bigger bigger thoughts and solutions so Jane I didn't mean to cut you off if you have other no I think it I think it's a great look I love the design I I want it to succeed I my concern is that you have to have accessibility to have those businesses make it and if it's too hard to get there you know how are they going to succeed and I I just think the the numbers are are low on the parking to make it happen and be successful and you know I think that you need to somehow come up with more parking well we'll be happy to talk to our Council folks and talk to staff about some of those Solutions and be able to present something at the council meeting again part of the the making of the sausage is you have to come forward with a petition to be able to engage staff and start talking about those Solutions and right now we're not there yet but I think by having come to the m the LPA and then needing to go to council we can have those discussions and seriously talk about potentially like a lease of some of those parking spaces and some of those Solutions Madam shair could I ask you um just on the parking is is the thought of anyone that's got concerns with parking that we need the full code required parking cuz I actually don't even think that's enough right so exactly you know so I don't I mean even if we said hey figure it out and you say no problem we'll figure it out we'll put a parking deck we'll put lifts on the parking deck level and we'll get you all your spots still got the problem it's the same problem well but I mean look at the problem the town has created with where we are right now I mean the pool has no parking BS has no parking and how can either of them succeed with the town taking over all of their parking I mean that's that's just really sad right but nobody said to the town you can't have a town hall here I know but nobody asked CU maybe we would have yeah um well with your permission let's see what the public has to say Okay um so I'm going to open the public hearing and uh then we'll we'll come back and we'll discuss some more is anybody here would like to anybody here sharing oh no honey come up you're you're new you're new to this process so nice to see you hi good to see you all all I'm saying is the location your name for the record pull that down to your to your little stat hi I think the location Sherry say your name for the record hello I am Sher de Broski there you go I am bought a house here in 2012 I've worked for Anita which I love um but um bevon rolands facility is the location it screams for Walkers I think anybody staying in Times Square going out to dinner will walk down to their establishment hit the shops they won't need cars I think they are so accessible to everything I feel like the library will be better utilized by the people that'll stay there they're encouraging families our library is great for kids so I mean I just think that I don't think parking is a bigger issue as it it could be just because people are on bikes and now they have those little electric scooters that you got to watch out for so yeah location I think they're great thank you very much would anyone else care to speak yes sir I believe me we understand hi my name is gilp hi gilp I've worked for uh Bon Roland since they opened um they turned a a dump into a great place everybody that I dealt with that stayed there they really enjoyed staying there they had access to the beach right across the street and in the season they had the trolley so what they're going to do now is turn something that they had that was good into something that's great thank you thank you so much anyone else care to speak yes sir hello to everybody my name is Marty lemons I am actually an owner of a condo at 2650 at a stero Beach Club East so this development will be right across the street from our complex and I think the design is great most of the people that I've talked to I'm actually on the board at Aero Beach Club East most of the people that I've talked to um are excited about having something like this across the street we think it would enhance and from a parking stand point I can understand the concerns we have our own issues with parking as well because we have limited parking spots and in High season it's a challenge but it always gets figured out one way or another so my personal opinion would be don't let parking be the thing that would mess mess up the opportunity to build something like this that I think would be a a great enhancement to the community so Mr lemons thank you for your comments anyone else wish to speak hi everyone my name is Gabriela Leonard and I've been Fort Myers my whole life and recently started Living in Fort Meers Beach and just absolutely love it currently I'm away in law school but I plan to come back and raise my kids here that sort of thing so I kind of want to have a unique younger perspective and just like with this direction and I think this is a fantastic thing for Fort Meers Beach I think that bringing in people and families and businesses would just be amazing especially Mid Island of course downtown Time Square area it's getting rebuilt very quickly and there's a lot going on a lot of people a lot of traffic but down here there's really nothing going on so I I think this would be a great opportunity for something like that and I agree with what everyone has said about the parking I think that one way or another it'll work itself out it's really not that big of a deal in my opinion also I think we should encourage people to walk and ride their bikes things like that I think spending the day on the beach and driving isn't always the best case scenario so I think having people walk or take the tram or public transportation Uber that sort of thing is the best case scenario here so thank you thank you so much good luck with school is there anybody else who'd like to speak hello my name is Joy Leonard and I um live here part-time on the island um in Fort Myers for 15 years now I absolutely love the the design and the location I had the unique opportunity to stay at cassad Del Mar in Santa Monica if any of you are familiar look it up it's absolutely beautiful small Santa Monica is um still small still nice and thriving most of their transportation is uh valet it's not on property they have no problem having people in there for dinner lunch breakfast a happy hour all the things and I just I support it so thank you thank you very much is there anyone else who'd like to speak no Beverly Roland [Music] no hi I'm be Milligan for the record um I just wanted to do uh uh first of all thank you to uh staff for supporting this project and I thought it might be helpful excuse me I'm really nervous um don't be nervous you've done this before I know that's why I'm nervous um I wanted uh I wanted to would you like a lifesaver no maybe after maybe after um I just wanted to do a 360 from Myers side if you're standing in the middle of Myers side and our neighbors um so the town is our biggest neighbor arguably um okay so in the town again I want to thank staff for working with us you have been fantastic thank you um be Oaks every single unit that we had at myerside had a membership to boks it was good for our guests it was good for this community Myers side has always supported this community we will have 45 memberships and 49 if for the houses too we will provide that to to the staff housing this is something to support our neighbors and our community as we always have and always will we encourage every Builder on this island going forward who is providing staff UNS to buy a membership to Bay Oaks for each and every one of their units it's good for the community and it's good for the guests we have always supported Little League from the beginning our neighbor and uh We've sponsored them we've provided trees at the Christmas tree Festival we do whatever we can and right now we can't do a lot because we don't know what's going on with Meers side so we go to their games that's what they need right now and that's what we're doing and we encourage everybody to support leg little league and go to their games it's good for the community it's good for our kids going back to staff I just want to talk about the mount house for a minute the mount house is something that we have always supported at Meers side and what we've always done is we have provided at no cost to our guests a free kayak tour or or a a walking tour at Mound house if you stay more than two days the mount house sent us a bill that supports our neighbor the town and that supports uh our guests these things is being part of a community and part being part of a business in this community we will continue to do this for our guests in our community I just want to tell you these things because we have been here and we have supported the community we want to continue to do these things they're important and we encourage everybody in future who has builds a hotel room on this island to do same uh with respect to the school we supported the PTO we've provided many many free nights to help them fund raise we will continue to do so we have supported curriculum at the school a neighbor we will support our neighbors as we move over to the Methodist Church we have a very strong relationship with the method Methodist Church we have from the beginning as they have had change staff changes we have consistently supported them we have a a strong strong letter of support that I will leave with Amy today we have it in our packet okay um the library I have made a presentation to the board of directors of the library brought the concept plans the drawings engaged with all of them they were very positive for this development very very positive I've spoke across the street I spoke last week with Mary she owns the property over there they're beaten up from Ian they're older they're tired we talked for quite some time she supports this project I didn't have the heart to ask her to prepare a letter for us but they do support Amy uh now I'm Marty and Amy uh our residential neighbor um they've been great from the very beginning they built after us they loved myerside they miss myerside just as we do maybe not as much but they do miss Myers side but they do support this we've had many lunches and discussions about what we're going to be doing and they trust us that we're going to be good neighbors and as we always have been so that brings us right back to the town staff again thank you and thank you for allowing me to speak today thanks Beverly anybody else care to speak okay hearing none we'll close the public comment um are there any follow-up questions for the staff or the applicant I Patrick come back up I have some questions for you I'd like to add some conditions okay I don't want Fred no Fred's over there um when we spoke I am with you 100% on how important design is for the community uh for the public space uh for the enjoyment of people who will never walk inside a store or a hotel unit at Myers side um uh how do you feel about adding a condition that that we spoke about that includes all of the uh images in your application as something that um the end product has to pretty much look like this Y and and we talked about this and and this is consistent with other jurisdictions um where when there is an approval for plan development if there are renderings provided the development can be conditioned upon Pro building something that is generally consistent with those renderings obviously the uh final architecture and Structural Engineers haven't looked at it yet and we haven't worked through the pering process but significantly consistent isue generally consistent is is not a problem we've also provided an alternative planting plan enh would include that as well that was another question and that is already designed the O Level detail and we are committed to that and again that could be part of the approval and they will plant exactly what's in that plant okay and um you know I've asked when I've spoken with other Hotel years what incent will myerside give to their clients not to come to the island with a car so one hotelier I spoke with I said what if there is a a concierge service that the hotel offers to pick somebody up from the hotel or to have a car available for hotel users on the property so when they decide they've got to go and get shells from sanabelle they can go to sanabelle to get shells without thinking about 45 more cars coming here you know this is a challenging issue I do know I do know it is cu it's outside of anything that's that's being asked but I think it's something you have to think about and and we see it as as a public private partnership at this point so they we've had that discussion they can definitely commit to all the literature on the website encouraging people not to drive also when they talk talk to potential visitors on the phone encouraging not to drive explaining that there's Transit explaining that they have bikes that that's a given that's that's the what about a discount to somebody that doesn't bring a car so Jim mold has brought up this dra program um we love the idea okay okay however we are committed to be part of that solution and part of that program or that policy if it becomes a townwide policy we don't think it's it's fair to put one business as at a disadvantage versus another business but should they just pass it as a policy it doesn't have to be an expensive things for the town it's just that you know if you're if you're going to get if you're a hotel you offer this discount if people don't drive their car and if it's a consistent policy across the board we more than support it for sure okay so so again the you very good point Anita I think it becomes a bit of a policy decision that Council but we are completely supportive and would be part of townwide solutions okay okay thank you any other questions for Patrick while he's standing there Patrick while you're there yeah is the applicant willing to accept a condition that uh the applicant would present an overflow parking solution to the count Town Council yes yes that that'll we'll have some time before we get the council we will meet with them individually we'll meet whether the church whether it's laet whether it's Lyft whether it's deck comination of all we will come prepared to address that issue Sarah did you pull the mic over because you have a comment to that um I'm not sure if this would meet what you're looking for and what you're willing to provide would a condition along the lines of the property owner commits to encouraging visitors and staff to arrive without an automobile if the proposed development's parking needs exceed the onsite parking provided the applicant shall provide valet parking and or coordinate with adjacent property owners and or consider other parking options to provide adequate parking so that leaves it very open that that leaves a lot of option it does but as a condition and then we can address it for sure we can live with that much fancier than yours she gets paid by the word i' I've been thinking about this through the entire um any other questions for Patrick while he's there thank you very much for your presentation um any follow-up questions for staff you know I'm amazed nobody's mentioned height and it because it really is insant it's shorter than the library and they actually were very thoughtful with the way they stepped it down to the res I agree and it would be horrible to have a flat roof yeah look like the library I had no problem with the small the small height variants couple feet over what they could get plus I think it's still at 37 I think the library top of the library roof's like 50 something yeah so I I think it's in scale with the uh near and this I think um and we're I think we're going to see this on other proposals when you're setting back the upper floors it really mitigates the massing that tryo I agree with you restriction so I agree with you I think that yeah architecturally is fine with me anyway any other comments John uh I'd like to say just uh I think a plan to address the parking is very important but I'd also like to say that that it's incumbent on them to accommodate their customers and if there isn't enough capacity they will come to a solution to accommodate adding more customers so I'm not sure that that's a place for heavy regulation or or Direction let me put it that way they will succeed or fail based on how people get to their establishment exactly that's true okay um I really I think that that we need to have an addition other than the condition that Sarah so eloquently U memorialized for us I think we need to also have an uh a condition that includes the landscape plan and the renderings don't astion as part oh cuz I'm just too tired can can can I provide you the conditions that I heard through the conversations yes okay um so uh for condition number two it currently says the live work unit shall only be occupied by the owner or employees of the commercial establishment at Meer side at no time shall the live work units be used as an extension of the lodging units or as a part of the boutique hotel and then added tenants will need to demonstrate employment on the island yes on yes um and then uh a new condition 7 that would be encouraging visitors and staff to arrive without an automobile and uh if they need additional parking that they will look at other options um and then condition number eight new condition number eight the final development must be consistent with the master concept plan renderings and Landscape betterment plan attached to this ordinance generally consistent generally yeah okay did you have a question yeah yes please uh with regards to the live work condition uh how it's currently States and as we presented it's only for myerside employees and owners we believe that if that can't occur then it could be other people living and working that that's what Sarah just clarified yes she included so maybe any other tenants will have to demonstrate employment on the island because I mean it starts out by saying it will be employees or the owner and then say any other tenants will have to demonstrate employment on the island agree thank you okay all right I guess going the other way might make sense though if you're going to work in the morning and coming back in okay who has a motion for this you want to take a stab at it Jim sure good outstanding make a motion to approve the ordinance number dc120 [Music] 23246 resoning the property uh at 125 131 to 151 School Street and 2661 2681 Estero bide um with the original six conditions that the staff recommended along with the two additional conditions that we have just discussed two or three three three oh just two two additional with the with the amendment to addition number two addition yes okay there's a motion is there a second for that motion there's a second okay thank you Don um discussion on can I clarify um so that is a recommendation to recommend to the Town Council that they approve correct recation yes and that you're finding that it is consistent and uh in compliance with the Land Development code with the conditions added to it yes thank you thank you Nancy is there discussion on the motion I'm going to discuss something I'm just going to tell you this Beverly I came in here today not really sure how I felt about this I remember the first renderings I saw and I went geez and it was really overpowering but quite honestly the work that your team did with the design of this project minimizes that impact dramatically and um and though I have concerns about the parking I really do I mean I think about you know my store at Santini plaza where they've got an abundance of of parking uh will end up being about 4,000 square feet and at any given time I will have five or six employees there all with cars um it I I really have a concern about the parking but like Don said you'll live or die by that I mean because is as a tenant if I can't figure that out for myself then how do I take that space you know so but um I wish you very much uh very much good luck on this um so uh any other discussion your vote Jim I don hi Doug hi Jane I John I I the vote carries unanimously congratulations okay that's such a surprise for me wow good luck to you okay um next item on the agenda is the administrative agenda the policies and procedure update um we'll give you guys a minute to uh to clear out yeah to clear out because I I know you could yes well we're going to take a five minute break man I'm just I'm so surprised by that e e e e e e e e e e e e e e e crowd all right yeah there's absolutely no one in the room but us and Jacob now so that was a okay that was a very good conversation thank you all next item on the agenda is a policies and procedures update um and I'll turn this over to Nancy but Jane did you see all the signatures on that bill vaner Carlton rifle yes okay go ahead Nancy okay this is going to be short today that's so great so what you have in front of you is you have um an an old old old resolution from 2009 which sets forth what your policies and procedures are and um it's under your code you are U authorized and and required really to have some procedures that you conduct your meetings with um they are outdated to say the least um but they are also very very detailed and there's really no requirement to have them um contain specific things uh it's a very very good uh I would characterize it more as a manual um but there's there's good information in here so um according to the code you need to you can update this and amend it but it needs to be done at a date uh a scheduled date so I wanted to go ahead and provide a copy to you today ask that you schedule a date to discuss it um as a group um and in preparation for that meeting if you could uh give me a call or send me an email with any areas or changes that you would like and then I can present to the um entire group um um you know the the things that I worry about most is in these quasi judicial proceedings that you have there are property rights that are at risk and so we proceed very carefully with those um and so just making sure that our procedures that we kind of check all the boxes as we go through the hearing which I think you have and I really want to thank you all for that um and allowing me to jump in every once in a while as I do um the type of matters that you handle are legislative and um those are more policy setting policy development as opposed to policy application which is your quasi judicial so your procedures for those can be a little bit more less formal I guess is is one way to say it the U the crafting of the Motions um Anita had asked me for a little um guide or cheat sheet or whatever and you saw that today um didn't it did it help it it helps and um it helps in that if there's ever any question about what the LPA has done it's specifically stated and all the little buzzwords are are hit however if we don't do that we can generally piece it together from your your discussion so um having that I I think is good um I can massage it a little bit more but we did want to give you something um under Florida law however in quasi judicial if there is a denial or a recommendation for denial um you do need to State a reason and it would be the basically the fact that one of the criteria has not been met that's important um so other than that um just uh I think what we need to do on this is um set a a date uh to schedule it for a specific LPA meeting to discuss it and as I mentioned if you just want to feed me some comments um and I'll have my own as well and then we can all discuss it at that date was this the attached murf policies and procedures CU what we've got the Marine Resources murf one oh dear okay well we'll make a I I think I have a couple extra copies um but we'll definitely give you all um a copy before so Nancy if you can uh hold off for a second let's go to um let let's go let's wait until we get to the um schedule for the agenda and we'll talk about uh what day to schedule that for so anything else on your list Nancy um no other than um you do have a draft um uh resolution for the three variances that you did today we're going to modify this a little bit more working through it today um it identified some things we need to add um but it will be consistent with your decision and uh we'll have a need ass sign that and that will be part of the um well it won't be part of the agenda it's not going to the Town Council so we're good okay um LPA items and reports John do you have anything no I have nothing how about you Jim no Amy could we have C okay thank you um Jane anything um I was just going to comment on the fact that our um ethics paperwork needs to be in by July 15th or something like that and it can only be done online so if you didn't get that connection uh through Amy make sure that you get that connection Amy could you stra from the state I did not send it the ethics commission sent to you so maybe check in your that's why I confirmed with you because the address that it came from was not comfortable to me any idea when it came right it it came maybe about week and a half ago two weeks ago okay um and it check in your spam box and it should be everything this year as of July 1st of or as of this year rather it's all electronic through the ethics commission so bless you Don if you have problems finding it I'll help you I can reach out to the um ethics commission send filed it back because they I know they sent something before okay I think Doug any any items uh no ma'am uh how about you Don no thank you um the only thing I have is I I just you know there's just been a there's been a lot of talk about the changes that we made to the comp plan in fact we haven't made officially any changes to the comp plan um but Sarah will that come back to us after the state or does it just go to the Town Council I think it's just the Town Council just the Town Council can you let us know when that's going to be when do you anticipate that a long time yeah I don't know um I've been I've heard that they've been taking about 60 days to respond um so then it and then we have to advertise I think 30 days in advance of that hearing um so we're we're looking at fall the fall okay and because it's an I would think that it would only have to go to the Town Council okay thank you um Sarah do you have any items maybe we should maybe we should talk about uh the cottage is asking for uh a meeting um here pass these all the way down um The Cottage is asking for a um an additional meeting at the end of the month uh so you know all these folks want to get in before the July break and I get that but what I don't know is whether or not you Sarah and your staff have the capacity for that so this decision in my mind is up to you I think you know if maybe everybody looks at their calendars the two the two second meetings that are be being asked for one is for the cottage and one is for the Outrigger the Outrigger is asking for June 25th and the cottage is asking for May 28th um does anybody have any conflicts on those days I check my calendar I'm good say the dates again I'm sorry May 28th June 25 but then the real question is you Sarah so I'm going to our our schedule right now and it's oh there we go I can I can make but I won't be here physically okay be looking at me that's not the same you're going to have an Arizona backdrop again I may change it you know I really think you should use Wizard of Oz really do you take your your motion oh yeah so I can um so Nancy what are you thinking about that I'm thinking is do we need to have two could you not consolidate them on one day that if we moved up uh London Bay to may I mean impossible they won't be ready I mean and that's that's part of the problem is they were asking for that June meeting and for one I'm going to be out of town that week I have school that week I have to be out of town on 11th um but just just to tell you guys we have 31 cases in right now every single hearing we have five to six cases prior to the storm same number of Staff actually at one point we had more staff if we had three cases that was a big meeting yeah so right now we're we're handling an an enormous way more way more cases than we have before um and we're really trying to move them forward but quite honestly adding a lot of meetings slows us down because for every meeting I review everybody's staff reports I review the resolutions the documents I make sure everything's in order we have to write the blue sheets I mean I spend two days of the week that the agenda is due just reviewing documents so I don't have any time to actually do the cases and then I lose a whole day at hearings so if we have a meeting every single week I get two work days which doesn't allow me to really do a review um I so let me ask you something MH uh the um oh so the cottage is an issue um what if our June meeting was only the 25th the problem is is the Outrigger is going to be a cumbersome event yeah and um and I can't swear that we'll be done by the 25th okay well if that's the case they won't get the 201 so I mean you're out of town that week anyway I'm out of town the week of the 11th which is our regularly schedule I think I'm allergic to you [Laughter] all wow okay so otherwise the outre um not the outbreaker the cottage is a cottage r um the the staff report's not done um I mean it can go on the 11th and then we can pre-write it to go on the 17th it's only variances so there it only requires one Town Council hearing okay so so that can get done before I mean we'd have to we'd have to make assumptions that these things would be approved and then we would have to basically make changes at the meeting and let the Town Council know either the LPA recommended approval with these conditions or they recommended denial um so it would change what thetically put it on there June 17 automatically put it on there okay well that seems sensible yeah so that takes away an additional May meeting for you but now what about the additional June meeting for the Outrigger we could propose to have it but I can't promise that it will be done okay I mean just and then that's the same you can only do what you can do so and that that goes for them as well so um so we're going to say tentatively we will have a meeting um but that depends on both sides being prepared okay we're going to have the regularly scheduled meeting on the 11th in May in no no no no no more meetings in May Jun June 11th June 11 yep um and and and June 20 or no June 25th okay and then the um uh the cottage can you notify well I'm sure Patrick's probably still listening to this um uh the cottage will go to the June 11th meeting with the 17th um being there council meeting yes and Jason did you already let them know that they could do that I mean I thought that was we have not agreed to anything uh this was just a tentative discussion we will do our absolute best to make sure that we can turn around an 11th and a 17th for cottage so what's coming on the 20 seems to nothing take take take 28 away so June will be the 11th and the 25th what what's the matter no I was just I was confused but I've got it June the 11th and June the 25th right so the 25th is going to be out only if only it's mean because Also let's let's keep in mind that arches has been in this process longer than Outrigger we are still working with arches there really isn't a reason that arches should be pushed behind Outrigger if it's ready to go I mean if we're we're trying to be fair to everybody everybody needs to be moving forward at the point that they are in I mean and I don't know that it's appropriate for us to even say well Outriggers different and special they get a different meeting true so I wanted to ask Sarah you mentioned you have 31 that are in the queue yes can you characterize those like how many are VAR variances half of them are variances maybe how many are rezonings um maybe you dedicate a meeting just to do variances if those are easier to get through no no because we take them as they as they come so we're we're trying not to bump anybody ahead but we're trying to process them as they come through and not move anybody ahead of anybody else unless they're ready to go you know so if if we were to give somebody comments and they don't get back to us well get back in line when they get get back to us yeah so um it just seems that sometimes the variances might be a little bit easier and um if they're unanimous then we don't have to deal with going to the Town Council we have nine cpds nine cpds yeah what are they I mean I'm curious because of course in my mind it's Moss Marine Outrigger Neptune so we've got arches Outrigger Cottages because we'll still have two more meetings for that um Sandy Bottoms two more meetings for that uh a stero Island beach club uh stero Island Beach Club is next door to Diamond Head oh there's one that doesn't have a name but it's a hm yes yeah um it's a property that is asking to build a new CP it's a new CPD or CPD to CPD but completely changed on the North End of the island [Music] um Margaritaville amendment I don't know what this one is and Neptune okay all right all right so we're set for June June two meetings Eight's better than I have another question for you all so we're off in July um is there any does anybody have any scheduling conflicts our August meeting would be the 13th everybody going to be here or in timb too just asking not well we value your participation so highly that's the thing you're welcome I told rules yeah LPA will be on the 13th of August waiting on a board the only thing I would tell you is we're waiting on a board date you're supposed to have a board meeting okay but everybody else will be here oh good and we'll have a new member by then um okay so um I'm good anybody have anything else for Community Development reports nothing um we we know what's happening next month and anything else from anybody going once going twice have a meeting thank you Jim second uh we're adjourned at10 p.m. thank you did everybody get a copy from Amy did okay those are extra got it