RESOLUTION OF THE TOWN COUNCIL OFTHE TOWN OF FORT MYERS BEACH, FLORIDA

RESOLUTION NUMBER 05- 11

A RESOLUTION OF THE TOWN COUNCIL OF FORT MYERS BEACH

WHEREAS, Town Council initiated a zoning change in reference to the MoundHouse CPD for 2.77 acres from Residential Single-Family (RS) to Commercial PlannedDevelopment (CPD) with a deviation from buffer width requirement ofLDC 10-416 (9)b,along Matanzas Pass; and

WHEREAS, the subject property is located at 451 Connecticut Street, Ft. MyersBeach, in S29-T46S-R24E, Lee County, FL; and

WHEREAS, the applicant has indicated the property's current STRAP number is:29-46-24-W2-00146.0010 and the legal description is attached as Exhibit "A"; and

WHEREAS, a public hearing was legally advertised and held before the LocalPlanning Agency (LPA) on March 1,2005, and,

WHEREAS, a public hearing was legally advertised and held before the TownCouncil on May 16, 2005; and

WHEREAS, the Town Council gave full and complete consideration to therecommendations of the Staff, the documents in the file, and the testimony of allinterested persons.

NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THETOWN OF FORT MYERS BEACH, FLORIDA as follows:

That the Town Council approves Applicant's request subject to the four (4) conditionslisted on Page 2 as modified by the additional conditions and limitations recommended bya group'of concerned neighbors as provided in Pages 5-7 of the Revised Staff Reportdated February 24, 2005, which is attached hereto and incorporated herein by reference,subject to the following modifications to those conditions:

Conditions:1. The addition of Condition #5 to read as follows; the use of the property must be

consistent with the operational and special events policy that CELCAB will referto'the Town Council for approval.With regard to Condition #2, no alcoholic beverages would be allowed on theproperty at any time.With regard to Condition #3, the following changes are recommended;A. the theater alternative is recommended with no amplification allowed

outside any structure.

2.

3.

B.C.

A gift shop is recommended but it may not be leased to any outside entity.With regard to the "office" use, the recommendation is amended to read;AdministrativeOffice- limitedto useby the staffand contractedagentsof the Town and the Mound House.

With regard to Condition #4, it is recommended to exclude moonlight kayakingand astronomy night from the Sunset prohibition.

4.

Findings and Conclusions -Planned Development Rezoning:

Based upon an analysis of the application and the standards for approval of planneddevelopment zoning districts following a FLUEDRA (Florida Land Use andEnvironmental Dispute Resolution Act) mediation, staff recommend the followingfindings and conclusions:

1. The requested residential planned development zoning district complies with thecomprehensive plan, chapter 34 of the land development code, and otherapplicable codes and regulations.The requested zoning:A. is consistent with the goals, objectives, policies, intent, and with the

densities, intensities, and general uses set forth in the Fort Myers BeachComprehensive Plan; andmeets or exceeds all performance and locational standards set forth for thepotential uses allowed by the request; andwill, protect, conserve, or preserve environmentally critical areas or naturalresources; andis compatible with existing or planned uses and will not cause damage,hazard, nuisance or other detriment to persons or property.

Urban services are, or will be available and adequate to serve the proposed landuse change at this location.Approval of the request will not place an undue burden upon existingtransportation or planned infrastructure facilities and the site will be served bystreets with the capacity to carry traffic generated by the development.The proposed use or mix of uses is appropriate at the subject location.The recommended conditions to the concept plan and other applicable regulationsprovide sufficient safeguards to the public interest.The recommended conditions are reasonably related to the impacts on the public'sinterest created by or expected from the proposed development.The proposed use or mix of uses meets all specific requirements of thecomprehensive plan that are relevant to the requested planned development,includingA. Policy 4-B-8 andPolicy 4-B-13 on uses within Recreation future land use

map category.Goal 13 andPolicy 13-C on the promotion of historic resources andincreasing community awareness and access to publicly supportedresources.

C.

2.

B.

D.

3.

4.

5.6.

7.

8.

B

C.

The requested deviation:enhances the objectives of the planned development; andpreserves and promotes the general intent of the LDC to protect the publichealth, safety and welfare; andoperates to the benefit, or at least not the detriment, of the public interest;and .

is consistent with the Comprehensive Plan.

9.A.B.

D.

The foregoing Resolution was adopted by the Town Council upon a motion made andseconded and, upon being put to a vote, the result was as follows:

Howard RYnearsonDon MassuccoBill ThomasW. H. "Bill" Van DuzerGarr ReYnolds

Adopted this 16th day of May, 2005.

ATTEST: TOWN OF FORT MYERS BEACH

By:Marsha Segal-George, Town Clerk

Mayor

By:W. H. "Bill" VanDuzer,

Approved as to form by:

Anne Dalton, mterim Town Attorney

- ---

A. Conditions

1. The development of this project must be consistent with the 1 page Master ConceptPlan entitled "Mound House," stamped received January 26,2005, last revised 11/04,except as modified by the conditions below. This development must complywith all requirements of the Fort Myers Beach Land Development Code (LDC)at time of local development order approval, except as may be granted by deviationas part of this planned development. If changes to the Master Concept Plan aresubsequently pursued, appropriate approvals will be necessary.

2. All proposed events with on-premises consumption of alcoholic beverages mustapply for and receive a permit for the service of alcoholic beverages in accordancewith 34-2442, permits for special events.

3. The following limits apply to the project and uses:

a. Schedule of Use GrouQs and Uses

Civic -OpenCultural FacilityTheater

Marine - LimitedRetail Space - Open

Membership OrganizationRecreational Facilities, commercialTemporary UsesOn-premises consumption of alcoholic beverages

Office - Limited

Note: Please see the discussion of the Schedule of Use Groups and Uses in theProposed Planned Development section, below, for additional conditions andlimitations recommended by a group of concerned neighbors.

In addition to the items discussed below, the neighbors also recommend that theplanned development zoning include the following limitation:

4. Hours of operation will be limited to 8:00 A.M. to Sunset and in conjunction withany extended hours approved in conjunction with a permitted Special Event.

B. Deviations:Staff recommendsAPPROVALof the requested deviation from the requirementthat no more than 20 percent of a required buffer width can be an impervious surface, toallow up to 53 percent of a small portion of the 25 foot buffer along the Matanzas Passto be paved.

Findings and Conclusions:

Based upon an analysis of the application and the standards for approval of planned developmentrezonings, staff makes the following findings and conclusions:

1. The applicant has demonstrated compliance with the Fort Myers Beach ComprehensivePlan, the Land Development Code, and other applicable codes and regulations.

February 24, 2005/GEMM:\Jerry\Mound House\Mound House PD Staff Report.wpd Page 2 of 8

specific conditions, limitations, and deviations is the only appropriate zoning district provided bythe LDC to accomplish this requirement.

The LDC provides for two types of Planned Development zoning districts: Residential or RPDand Commercial or CPo. Because the intent of the RPD district is to specific developmentproposals that are primarily residential in nature--and the Mound House is not--the Townproposes to rezone the 2.7Tt acre Mound House property to a Commercial PlannedDevelopment (CPO) district. The Land Development Code, Section 34-951 states:

the intent of the CPO district is to allow a landowner the ability to submit a specificproposal for a land development that is primarily non-residential or mixed-use incharacter and that complies with the Fort Myers Beach comprehensive plan, butwhich does not meet all of the specific requirements of a conventional orredevelopment zoning district.

The allowable uses in the CPO district are defined in Table 34- 2 and the property land usesassigned to use groups and sub-groups are defined inTable 34-1. Accordingly, four use groupsand six specified additional uses that require special exceptions are requested by the Town forthe CPo. The use groups and specified uses are discussed below.

Civic -Open. The first use group is Civic - Open, which includes the use groups for Civic -Restrictedand Civic- Limited. This use group would be allowedwithout any conditionsandlimitationsin the CFzoningdistrict. In meetings with concerned neighbors, they requestedthat the following conditions and limitations be placed on the permitted uses in Civic -Open:

Family day care home - specifically eliminate this useRecreation facility, public - limited to use of the structures indicated on the MCP andpassive recreation appropriate to the existing level of development of the Mound HousepropertyDay care center, adult - specifically eliminate this useDay care center, child - limited to day camp type activities and no more children than canbe safely accommodatedin accordancewith the occupancylevel attributedby the FireMarshal to the Mound House's largest room .

Place of worship - limited to no more persons than can be safely accommodated inaccordance with the occupancy level attributed by the Fire Marshal to the Mound House'slargest room and with a temporary use permit issued by the TownSchool- limited to no more persons than can be safely accommodated in accordance withthe occupancy level attributed by the Fire Marshal to the Mound House's largest roomRestaurant, accessory only to public recreation facilities - specifically eliminate this use

Two uses that require special exception approval are also requested and are therefor listedspecifically in the Civic - Open section of the Schedule of Uses for the proposed planneddevelopment. Cultural Facility and Theater. The Mound House serves as a cultural andeducation facility containing a historically designated structure, an archaeologically significantshell mound, with a myriad of programs on the history of Estero Island and Southwest Floridathroughout the calendar year. The historic home serves as a museum highlighting the oldeststructure on Estero Island and will feature a walk-in exhibit highlighting 2,000 years of historyassociated with the construction of a Calusa Indianshell mound. The Mound House propertycanseat more than 200 guests for dramatic, musical or live entertainment. The property recentlyhosted a local production of "Little Shop of Horrors," with adequate space and capacity forguests. The property would continue to serve as a center for community events with nodamage,

February 24, 2005/GEMM:\Jerry\Mound House\Mound House PO Staff Report.wpd Page 5 of 8

----------

hazard, nuisance or other detriment to persons or surrounding property. In meetings withconcerned neighbors, they requested that the following conditions and limitations beplaced on the requested additional (special exception) uses in Civic - Open:

Theater.- specifically eliminate this use. In the alternative, if the Theater use is approved, theneighbors request that the use be limited to the area forward (toward Matanzas Pass) of theMound House and north of the northern side of the Mound House, and that it be only allowed inconjunction with an approved Special Event permit and that Special Event permits for theproperty be limited to twelve (12) in any calendar year

Marine - Limited. The second use group is Marine - Limited. This use group would be allowedwithout any conditions and limitations in the CF zoning district. In meetings with concernedneighbors, they requested that the following conditions and limitations be placed on thepermitted uses in Marine - Limited:

Dock (for use by water taxi or water shuttle) - limited to use as a destination only.

The third use group is Retail - Open. This use group would not be allowed in the CF zoningdistrict and is one of the reasons that the property should be zoned as a planned development,Le., to limit the potential impacts the unrestricted allowance of this use group might have on theproperty and the surrounding neighborhood. While the covenants arid restrictions in the deed,the management plan and other regulatory mechanisms in place on this property provide certainprotections that would not allow problematic retail uses to occur or desirable retail uses tobecome problematic, staff agrees with the neighborsthat the elimination of c.ertainpermitted usesin this use group and reasonable conditions and limitations on others are appropriate as acondition of the planned development zoning designation. In meetings with concernedneighbors, they requested that the following conditions and limitations be placed on thepermitted uses in Retail - Open:

Dwelling unit - specifically eliminate this useLaundromat - specifically eliminate this usePersonal services - specifically eliminate this useRestaurant - specifically eliminate this useRetail store, small - limited to ten percent of the floor area of the Mound house forretail operations appropriate to the operation of the Mound House as a CulturalFacility and prohibiting any food salesDrive-through - specifically eliminate this use

Four uses that require special exception approval were also requested and are therefor listedspecifically under the Retail - Open section of the Schedule of Uses for the proposed planneddevelopment. Membership organization, Commercial recreation facilities, Temporary uses, andOn-premises consumption of alcoholic beverages. The subject property possesses adequatespace and housing for membership organizations to meet or utilize the property for formalmembership activities. It provides the public with access to the Matanzas Pass and Estero Bayenvironments by means of a kayak launch and dock. The launch is open to the general publicfor uses such' as passive recreation and wildlife observation, and is maintained by the MoundHouse staff accordingly. Staff recommends the subject property be allowed temporary uses inaccordance with specific regulations and permitting procedures.

Staff also recommends the property have the ability to be able to sanction on-premisesconsumption of alcoholic beverages for special events held on the property: A condition wouldrequire all special events with on-premises consumption of alcoholic beverages to obtain a

February 24, 2005/GEMM:\Jerry\Mound House\Mound House PO Staff Reportwpd Page 6 of 8

- - n -- - - n - n - - - - - n" - - -- - - n - - n - -- --- __n - - n -- -- ------

special event and temporary permit for the service of alcoholic beverages at the specific locationon the property proposed forth is use. In meetings with concerned neighbors, they requestedthat the following conditions and limitations be placed on the requested additional(special exception) uses in Retail -Open:

Membership organization - limited to no more persons than can be safelyaccommodated in accordance with the occupancy level attributed by the Fire Marshalto the Mound House's largest roomRecreational facility, commercial - Staff has concluded that this use is notnecessary to operate the property as is currently envisioned for the foreseeable futureand requests this use be eliminatedTemporary Uses - only with the appropriate permit issued by the TownOn-premises consumption of alcoholic beverages -specifically eliminate this use.In the alternative, limited to beer and wine, limited to the interior of the Mound Housebuilding, only in conjunction with a permitted special event, limited to no more thantwo (2) hours, and no later than 9:00 PM

Office - Limited. The fourth use group is Office - Limited. This use group would be allowedwithout any conditions and limitations in the CF zoning district. In meetings with concernedneighbors, they requested that the following conditions and limitations be placed on thepermitted uses in Office -Limited:

Administrative office - limited to use by the staff of the Town and the Mound House

Comgrehensive Plan Considerations

The subject property is located in the Recreation future land use category. Policy 4-B-8 isapplied to p~blic parks, schools, undevelopable portions of Bay Beach, and those parts of Gulfbeaches that lie seaward of the 1978 Coastal Construction Control Line.The maximum density of residential development here is 1 dwelling units per 20 acres, with alldwelling units to be constructed outside this category. Allowable uses are parks, schools,libraries, bathing beaches, beach access points, and related public facilities.

The Mound House property is a use CONSISTENT with the Recreation future land use category.

Neiqhborhood Compatibilitv

The subject property is located in the northeasterly portion of the Case Subdivision at the end ofConnecticut Street. The property is bordered to the east by the Matanzas Pass and to the northand west by sea walled canals. Only three properties to the immediate south of the building areadjac~nt to the property line by means other than a body of water. Due to the size of the 2.77acre parcel and the buffer provided by the sea walled canals, the change in zoning to CommercialPlanned Development with the approved MCP and schedule of uses, deviation and conditions willnot adversely impact the surrounding residential properties on Connecticut or adjacent streets.

Conclusion

Rezoning the subject property from RS to CPO is consistent with the Recreation land usecategory. The request would be conditioned to require all events with consumption of alcoholicbeverages to be issued a permit and the approval of a deviation from LDC 10-416(9) b, to allowup to 53 percent of the 25 foot buffer along Matanzas Pass to be paved is consistent with the

February 24, 2005/GEMM:\Jerry\Mound House\Mound House PD Staff Report.wpd Page 7 of 8