Please review the enclosed information and provide the Town Council Members your hopeful opinion of support for TPI-FMB

Transcription

1 Intended to restore and reinvigorate a portion of the downtown area that was falling into disrepair even before taking a direct hit by Hurricane Charley. This area also is challenged by FEMA having moved the VE Zone landward into the property in 2008 resulting in no buildings being allowed at grade level. The buildings must start at flood elevation, approximately 12 above current grade. The property is zoned Downtown Core Pedestrian Commercial, the area of the island desiring the highest level of density and intensity by the Comprehensive Plan and Future Land Use Map. Please review the enclosed information and provide the Town Council Members your hopeful opinion of support for TPI-FMB Mayor Dennis Boback (Dennis@FMBgov.com) Vice Mayor Tracey Gore (Tracey@FMBgov.com) Council Member Joanne Shamp (Joanne@FMBgov.com) Council Member Anita Cereceda (Anita@FMBgov.com) Council Member Bruce Butcher (Bruce@FMBgov.com) Please note, this document is only a DRAFT of our PROPOSAL to the Town. It is a work-in-progress. Nothing has been finalized or definitively approved. We welcome and invite all to participate in the forthcoming public vetting/hearing process. This proposal has truly been a collaborative effort, and we sincerely thank everyone who has contributed to this collective TPI-FMB effort and plan.

2 TPI-FMB PROJECT SUMMARY 1. The TPI-FMB proposal is the result of extensive community outreach including residents, business owners, hoteliers and past project vocal opponents and supporters alike. It reflects an attempt to balance community concerns and desires with a viable business model that will help reinvigorate the downtown area. 2. TPI-FMB: A. Does not rely on the Coastal Protection System previously proposed B. Does not rely on the use of Crescent Beach Family Park land or County-owned Seafarer s property C. Does not include roadway rerouting at the base of the bridge D. Does not exceed 40-foot height above flood level E. Does provide that the building masses are within community norms while expanding gulf-side open space and view corridors F. Traffic impact results are similar to the properties current uses and significantly less than other commercial uses allowable by right G. Provides for Quality of Life benefits to the larger community, based on acknowledgment that this is part of our downtown 3. If you think of the Town s Land Development Code as the floor (defining what a property owner is allowed by right ) and if you think of the Town s Comprehensive Plan as the ceiling (above which a property owner is not allowed to go), the proposed project is squarely in the area in-between. We are proposing a project that includes features and components allowable under the Town s current regulations without the need for a Comp Plan Amendment. 4. Given the physical location and footprint of the property in question, and given the benefits that will result to the community, this project does not establish any precedent relative to uses or conditions that would automatically apply to any other property owner. 5. Overview of the TPI-FMB Beachside: A. 1 open-to-public restaurant/bar, not much taller than the existing Pierview Hotel with approximately 30 hotel units on the top floors B. 1 fully accessible public pathway to the beach C. 1 pay-to-enter Beach Club, aquatic venue with food & beverage etc., available to the hotel guests and open to the paying public D. 1 alternate configuration to Canal St., providing the Town with a larger, more usable vehicle and pedestrian access to the beach with the potential for paid parking income 6. Overview of the TPI-FMB Bayside project, one selfcontained hotel/resort that: A. Includes two Pedestrian Crossovers and eliminates all existing Estero Blvd. vehicle access points to reduce pedestrian/vehicle conflicts B. Is fully parked, including parking for uses on Beachside with parking at grade behind a vegetative buffer C. Is limited in height to an envelope of 3 stories and 40 above flood elevation, on a footprint that is tiered away from Estero Blvd. at the base of the bridge D. Contains some amenities for the benefit of hotel guests including a small conference area, restaurant, bar and sunset deck also accessible to the public E. Contains 260 guest rooms at the Bayside resort building The primary TPI-FMB ask is for its Commercial Planned Development Application to utilize the LDC deviation allowed in this Pedestrian Commercial Time Square Area zoning district for 290 non-residential lodging units. TPI- FMB would provide reinvigoration after Hurricane Charley removed numerous hotels, restaurants/bars, shops, etc. and associated challenges of redevelopment created in 2008 by FEMA moving the V-Zone inland in this area.

3 HISTORICAL SUMMARY Skybridge to Fort Myers Beach opens and associated rerouting of Estero Blvd Dwtn. improvements including creation of Times Square and elimination of vehicle traffic FMB Town Incorporation following the County s approval of the Diamond Head Resort FMB Downtown was activated with businesses no longer there due to Hurricane Charley including ones on Crescent Beach Park and Seafarer s properties: Days Inn Motel Sandman Motel Howard Johnson Motel Cabasca s Tradewinds Jimmy B s Seafarer s Mall Shops 2015 Apr.-Aug. TPI-FMB closed upon the purchases of: Mermaid Bar and Rental Homes Beach Bums, Cigar Hut, Rental Condos and Rental Homes Pierview Hotel Salty Crab Restaurant Parking Lot between Lighthouse Resort and base of the Skybridge Helmerich Plaza which includes buildings tore down, falling down and unoccupied and some occupied commercial spaces, 3.14 acres Ocean Jewel retail store 2015 Nov. TPI-FMB unveiled the Grand Resorts proposed redevelopment which included County owned lands along with TPI-FMB owned lands which never reached application stage because of community out-cry that it was too tall, too massive, out of character, included Crescent Beach Park, had a coastal protection system, rerouted roadways to include a tunnel, etc May. John Gucciardo joined the TPI-FMB Team to work on the alternate proposal and communications with governmental bodies (County, State, Town, Environmental, etc.), community members and association groups Hurricane Charley hit the FMB Dwtn. Core Area in August Several failed redevelopment attempts of Crescent Beach and Seafarer s including amongst others a 269 room luxury resort with shopping mall, three pedestrian overpasses and 600 stall garage FEMA moved the Velocity zone inland whereby all property subject to the TPI-FMB proposal must build at flood elevation above grade without any option of building dry proof construction at grade After another failed attempt at redeveloping Crescent Beach/Seafarer s and a bank foreclosure Lee County purchased those properties. Lee County built and established Crescent Beach Family Park Lee County tore down Seafarer s Mall which sits undeveloped as of today 2015 Apr. Tom Torgerson & John Dammermann attended a FMB Town Workshop which disclosed the findings of a Town Ad Hoc Committee s recommendations for redevelopment of the Downtown area May-2017 Aug. TPI-FMB worked with a Focus Group of community members that were vocal and articulate in opposition to the Grand Resorts proposal for purposes of garnering insight as to what was most important to them for consideration by TPI-FMB in developing a new alternate plan. During this same time frame TPI-FMB consulted with a group of FMB business owners garnering their insight. And also had meetings and follow ups with each of the larger hotelresort owners on FMB located from the Wyndham Garden to Pink Shell obtaining their feedback on the new alternate proposal that was in process of being created. Most, but not all, hotel owners were willing to meet, some several times. During this time frame, TPI-FMB also on-boarded consultants with expertise in Florida traffic and parking, Caribbean resort designers, and Florida coastal commercial market experts Mar.-Nov. March 2017 Application was submitted to the Town on this alternate proposal. From that point forwards, we have been working with five Town retained consultants and Town staff to review the Application for consistency with the Comp Plan and LDC and its completeness in content. During this process, this alternate plan benefited from numerous enhancements along with experts on both sides reaching consensus on many interpretations and intentions of the Comp Plan, LDC, traffic and parking calculations, etc Dec. We anticipate Town Staff and Consultants will find the Application sufficient and ready to begin public hearings with the Town s LPA and Council in Jan.-Mar

4 ZONING SUMMARY Comprehensive Plan Pedestrian Commercial Future Land Use = TPI-FMB Property Extends from approximately Lynn Hall Memorial Park to Diamond Head adjacent to Estero Boulevard. Small land area surrounding Fish Tale Marina at the south end of the island is also Pedestrian Commercial FLU TPI-FMB discussion will only focus on the north end Only Future Land Use Category that permits hotels and motels by right. Remaining categories of the island require a planned development or limit development to motels or restrict commercial development completely. Land-Use Types Policy 4-B-12 defines Commercial Uses o Includes Hotels/Motels/Resorts Policy 4-C-2 defines Commercial Intensity o encourage more intense commercial uses only in the Pedestrian Commercial category Policy 4-C-3 defines Commercial Locations o Where new or expanded commercial uses are encouraged, as in the Pedestrian Commercial category, the Land Development Code shall specify its permitted form and extent and provide a streamlined approval process. Landowners may also use the Planned Development rezoning process to seek approval of other forms of commercial development in that category. Policy 4-C-6 defines Motel Densities The Land Development Code shall specify equivalency factors between guest units (which include motel rooms) and full dwelling units. These factors may vary based on size of guest unit and on land use categories on the Future Land Use Map. They may vary between a low of one guest unit and a high of three guest units for each dwelling unit. (These factors would apply only where guest units are already permitted.) In order to implement the 1999 Old San Carlos Boulevard/Crescent Street Master Plan that encourages mixed-use buildings with second and third floors over shops on Old San Carlos, hotel rooms may be substituted for otherwise allowable office space in that situation and location only without using equivalency factors that apply everywhere else in the town. This alternate method for capping the number of hotel rooms applies only to properties between Fifth to First Streets that lie within 200 feet east and west of the centerline of Old San Carlos Boulevard. Hotel rooms built under this alternative method must have at least 250 square feet per rentable unit, and under no circumstances shall buildings they are located in exceed four stories (which the ground level counted as the first story) o The entire Policy above must be read together to determine which element appropriately applies to the subject property. o The first sentence: The Land Development Code shall specify equivalency factors between guest units (which include motel rooms) and full dwelling units. Identifies that the Land Development Code dictates the equivalency factors for motel densities. o The second sentence: These factors may vary based on size of guest unit and on land use categories on the Future Land Use Map. Describes how the equivalency factors may be implemented. Implementation would continue to be through the LDC as described in the first sentence o The third sentence: They may vary between a low of one guest unit and a high of three guest units for each dwelling unit. (These factors would apply only where guest units are already permitted.) Again, describes how the equivalency factors may be implemented. Implementation continues to be through the LDC as described in the first sentence. o The fourth sentence: In order to implement the 1999 Old San Carlos Boulevard/Crescent Street Master Plan that encourages mixed use buildings with second and third floors over shops on Old San Carlos, hotel rooms may be substituted for otherwise allowable office space in that situation and location only without using equivalency factors that apply everywhere else in the town. This describes an exception to the above sentences offered by the Comprehensive plan for properties meeting specific criteria. o The TPI-FMB proposed deviation DOES NOT utilize this exception o Rather, as suggested by the first sentence, the proposed TPI-FMB deviation request relies upon the Land Development Code o When citing 4-C-6 of the Comprehensive Plan IT MUST BE followed up by a discussion of LDC Section (2) LDC Section (2) Guest Units exceeding these equivalency factors or exceeding 1,000 square feet each may be allowed under exceptional circumstances as described in the comprehensive plan if approved as a deviation through a planned development rezoning. Before such a deviation, the town council must find that: a. All other aspects of the development (height, traffic, intensity of use, etc.) are compatible with the surrounding area. b. The proposal clearly exceeds the standards of the Fort Myers Beach Comprehensive Plan; and c. In no case can equivalency factor increases exceed the maximum intensities allowed by the Fort Myers Beach Comprehensive Plan. d. This Section outlines the flexibility of the LDC and Comp Plan for consideration and approval of the TPI-FMB requested Deviation #1 without any need for an Amendment. o Again, the entire Item above must be read together to determine which element appropriately applies to the subject property.

5 ZONING SUMMARY CONT. o First sentence Guest Units exceeding these equivalency factors or exceeding 1,000 square feet each may be allowed under exceptional circumstances as described in the comprehensive plan if approved as a deviation through a planned development rezoning. Describes that Guest Units can exceed the equivalency factors under exceptional circumstances Describes that if guest units are to exceed the equivalency factors it must be approved by a deviation in a Planned Development Rezoning. It is important to note: TPI-FMB is utilizing the Planned Development Rezoning for this reason. We acknowledge that we exceed the equivalency factors. In that regard, four real estate planners have independently calculated the TPI-FMB properties equivalency factors, and each has come up with different guest unit density counts, ranging from the low 100 units to over 200 units. The number of units either currently existing or previously existed, are only two factors in consideration for calculating the density counts, and the additional formulas for calculating them become very complex and confusing given the 34 parcels included in the TPI-FMB property. We instead are requesting the allowed option within the Town s Land Development Code, under our unique set of circumstances, to entitle the project based upon Hotel as Commercial, which would limit the building scale by its massing as calculated by intensity utilizing Floor-Area-Ratios ( FAR ). This is allowed within the Town s Planned Development Rezoning and a broadly endorsed method by the State of Florida, who is the ultimate governing jurisdiction in this case. Furthermore: Exceptional circumstances are not defined in the Comprehensive Plan The 1999 OLD San Carlos Boulevard is not an exceptional circumstance The LDC implements the Comprehensive Plan, at the ultimate discretion of the State of Florida TPI-FMB is using the appropriate mechanism when reading Policy 4-C-6 AND LDC Section (2) together Zoning Commercial Planned Development ( CPD ) Enables ALL elements of the proposal to be evaluated and conditioned o Unique characteristic of the CPD request o Not typical of development within the Town since incorporation o Provides Staff, LPA and Council more oversight of the final development Must request to utilize the regulations of the Downtown Zoning District Must request a deviation to utilize Floor Area Ratio o Per (2) as mentioned above Must justify deviation request o With our application being the first it will set the bar every request will have to meet or exceed our bar to achieve the same end result Density and Intensity of a Planned Development is ONLY determined by Town Council via approval of the CPD zoning request o LDC Section (c) outlines this requirement TPI-FMB Application Attributes Unique location on the island o Pedestrian Commercial FLU o Downtown Zoning District o Together these designations permit the most intense commercial uses on the island When the FLU Map and Downtown Zoning District Map are compared, they overlap each other. This was intentional to address the commercial intensity needed to create a downtown as desired by the Comprehensive Plan and Land Development Code Justifies the requested deviation with numerous public benefits o These benefits set the bar that all others have to meet or exceed o Remember all others are limited in location AND reviewed by Staff, LPA and Council providing ample opportunity for public input on the benefits offered Other Hoteliers/Properties To achieve the Floor-Area-Ratio ( FAR ) that TPI-FMB is requesting, a future project: Must be within the Pedestrian Commercial Future Land Use Category o This would exclude, for example, the Pink Shell Resort and most other hotels on the island Must submit a Commercial Planned Development Must request a Deviation AND Justify it Must be evaluated by the LPA and Council Must demonstrate they meet or exceed TPI-FMB benefits Items To Note The TPI-FMB request IS NOT a variance from the Comprehensive Plan o There is no such option available for any development The application materials clearly demonstrate consistency with the Comprehensive Plan The Downtown Zoning District has the highest FAR permitted, every other zoning district is 1.2 or less o FAR Max of 1.8 based on location o TPI-FMB FAR is calculated to be 1.63 inclusive of non-habitable parking areas below flood in the V- zone, and only exclusive of the parking below flood in this V-zone Due to the level of review and public input required for approval, the Commercial Planned Development ( CPD ) application process is not precedent-setting.

6 PRECEDENCE ANALYSIS In reference to the proposed TPI-FMB Project, some have raised the subjects of Density, Intensity and Precedence. The below information is intended to provide insight on these issues in light of the Town s Comprehensive Plan often referred to as the Comp Plan. Below is a walk through the uniqueness of the proposed TPI-FMB projects criteria that supports the use of Floor Area Ratio ( FAR ) and criteria that sets a very challenging threshold for any future project to be able to argue TPI-FMB set a precedence for their project. All of this is based upon the Town s Comp Plan. 1. FAR for Hotels only applies in the Future Land Use Map (FLUM) Pedestrian Commercial area of the island and is at the Council s discretion; no other hotel can be considered Commercial and be allowed to use FAR other than in the designated Pedestrian Commercial Future Land Use Map (FLUM) area. TPI s land is within the Pedestrian Commercial FLUM area which is primarily the Downtown Times Square District. 2. Must comply with all aspects of the Comprehensive Plan which TPI s proposed project does; if someone owns land in the defined Pedestrian Commercial FLUM, they would need to make an Application for a Commercial Planned Development. In order to be considered for approval by the Council, the CPD Application has to meet or exceed the requirements/criteria of the Comp Plan. Deviations may be considered. 3. Public Benefits; Lastly, for the TPI-FMB project to set precedence, if a project met the first two threshold measures, it would then have to be deemed to meet or exceed the public benefits the TPI-FMB project provides. Refer to the Public Benefits Addendum. As one will see, it would be extremely unusual that the TPI-FMB project would set a precedence applicable to future project Applications to the Town of FMB. 4. Pre-Hurricane Charley all of the TPI-FMB property was actively operating as bars, restaurants, retail shops, hotel, rental cabins, post office, etc. Additionally, at that time on Crescent Beach Family Park and the County-owned Sea Farer s property were more hotels, bars and restaurants and retail shops. At that time, it was an active commercial pedestrian friendly area. The TPI-FMB proposed project would help re-invigorate this area defined in the Town s Comp Plan as the most intense commercial pedestrian friendly area of the Island.

7 PUBLIC BENEFITS View Corridors o Does not have a negative impact on the view of the Gulf from the top of the Sky Bridge o Creates 324 of direct Gulf view from Estro Blvd. that doesn t exist today as a result of removing beachside buildings. o Concentrates the building intensity on the non-gulf side of Estero Blvd. on the current Helmerich Plaza property, considered preferential during our public input process. o Relocation of above ground utility lines to below grade, removing visual clutter. o The majority of the three-story-above-flood building bayside of Estero Blvd. is along Crescent St. and Fifth Ave. resulting in a lower profile immediately adjacent to Estero Blvd., considered preferential during our public input process. Creates a public pedestrian walk through the Bayside resort whereby one can then travel all the way from the skybridge to Gulfside of Estero Blvd. without conflicting with roadways. PEDESTRIAN CIRCULATION = PUBLIC STAIRS/ELEVATOR = Creates the opportunity for another LeeTran stop/pickup Creates two public access pedestrian over-passes for pedestrian and bicyclists, one over Estero Blvd. and the other over Fifth Avenue, constructed at the developers cost. Both have stair and elevator access on each side of the streets. Creates a Town owned expanded beach access to replace Canal street that is wide enough to accommodate between metered car parks for public use, emergency vehicle beach access and pedestrian beach access at the cost of the developer. Creates a second public beach access through the middle of the beach side development. ESTERO BLVD EXISTING CANAL STREET / PUBLIC R.O.W. = ESTERO BLVD Enhanced Storm Water Detention for the entire 6 acres which is non-existent today along with the willingness to work with the Town to create additional capacity to help solve some detention issues in the immediate area at the developer s costs. The Bayside resort exceeds front, side and rear setback requirements to expand sidewalks and planting buffers. Landscape to include Palm Trees to create Avenue of the Palms effect not otherwise existing. Creating many interactive resort amenities accessible to residents, their guests and other resorts guests to include restaurants and bars, retail, aquatic beach club, coffee shop, entertainment, etc. Traffic & Safety: o Eliminates all ingress and egress that currently exist along Estero Blvd. which enhances flow of traffic along Estero Blvd. o Contains all ingress and egress points to along Crescent Street at the furthest distance from Estero Blvd./Crescent St. intersection and along Fifth Avenue. Pedestrian over passes mitigate traffic conflicts & improves safety o Destination Resort use is the least vehicle day trip traffic generator use and generates less vehicle day trips than the current/previous approved uses o Resort employees will be compensated for using the LeeTran park and ride facility currently being built at Summerlin and Pine Ridge Parking; Exceeds resort requirements plus those of the Gulfside restaurant and aquatics. This is exclusive of any public parking created by the proposed expanded Canal Street. Redevelopment and rejuvenation of a FMB Town Council targeted area assigned to the Downtown District Ad Hoc Committee and their report dated March PROPOSED PUBLIC R.O.W. AND EASEMENT =

8 1,000 2,000 3,000 4,000 5,000 0 TRAFFIC The TPI-FMB traffic engineers and the Town s traffic engineers and planning consultants reached consensus on the methods and formulas to be utilized for the generation of the Traffic Impact Study prior to issuing the final results. TPI- FMB accepted/conceded to formulas that conservatively state the existing conditions and ones that represent the highest traffic generation of the proposed conditions. Four different scenarios were studied as a part of the finalized Traffic Impact Study: Proposed Development Existing (Occupied) Pre-Charley Build Per Code TPI-FMB proposed project as submitted. Existing buildings as they stand and are occupied today (i.e. not 100% occupied). Estimated traffic assuming the TPI-FMB properties were simply rebuilt to what was there before Hurricane Charley (sometimes referred to as Pre-Demolition ). There are many commercial uses (other than hotel/resort) that are permitted on the TPI- FMB property. Uses such as a large retail store, office space, medical facility, etc. The Build Per Code scenario is meant to estimate traffic based upon an alternative development scenario that would require no deviation requests for a use other than hotel/resort. Note, we are not suggesting an alternate plan would be economically feasible, we are only trying to illustrate the difference in traffic impact generated by a hotel/resort versus other permittable commercial uses. Projected New Daily Traffic as measured by Net New Cars on the road Net conclusion is the TPI-FMB Proposed Development is projected to generate only 215 more daily vehicular trips than the Proposed Development existing buildings today as currently occupied (the Existing Existing (Occupied) (Occupied) scenario), of which only 44 of the 215 new daily trips Pre-Charley will occur during either AM Peak or PM Peak hours. Furthermore, Build Per Code the Proposed Development will generate 200 less daily vehicular trips than existed Pre-Charley, and 2,841 less daily vehicular trips than if a retail or office building was built on the property rather Existing (Occupied) than a hotel/resort (the Build Per Code scenario). New Daily Traffic Proposed Development Traffic as a Percent of Total Current Traffic at Times Square during PM Peak hours To further our comparison of the updated development scenarios, we have calculated the project traffic (PM Peak) for each scenario Proposed Development Existing (Occupied) as a percent of the total circulating traffic at Times Square. As Pre-Charley shown in the chart below, the Proposed Development will account Build Per Code for the same percentage of on-island traffic as the existing buildings do today (3.3% of Total Island Traffic under both 0% 2% 4% 6% 8% 10% scenarios). % of Total Island Traffic Based on this, the following conclusions can be made: 1. The proposed development will replace traffic associated with the existing development, but not add a significant number to the total traffic within the Times Square study area. 2. The proposed development will comprise a smaller portion of total traffic compared to the Pre-Charley development and the development allowed under the current zoning. PARKING Hotel Restaurant Aquatics Total Required Provided* * Excludes 26 Gulfside, surface parking stalls

9 PEDESTRIAN CIRCULATION