RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FORT MYERS BEACH, FLORIDA RESOLUTION NUMBER A RESOLUTION OF THE TOWN COUNCIL OF FORT MYERS BEACH

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1 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FORT MYERS BEACH, FLORIDA RESOLUTION NUMBER A RESOLUTION OF THE TOWN COUNCIL OF FORT MYERS BEACH WHEREAS, Town Council initiated a zoning change in reference to the Mound House CPD for 2.77 acres from Residential Single-Family (RS) to Commercial Planned Development (CPD) with a deviation from buffer width requirement ofldc (9)b, along Matanzas Pass; and WHEREAS, the subject property is located at 451 Connecticut Street, Ft. Myers Beach, in S29-T46S-R24E, Lee County, FL; and WHEREAS, the applicant has indicated the property's current STRAP number is: W and the legal description is attached as Exhibit "A"; and WHEREAS, a public hearing was legally advertised and held before the Local Planning Agency (LPA) on March 1,2005, and, WHEREAS, a public hearing was legally advertised and held before the Town Council on May 16, 2005; and WHEREAS, the Town Council gave full and complete consideration to the recommendations of the Staff, the documents in the file, and the testimony of all interested persons. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FORT MYERS BEACH, FLORIDA as follows: That the Town Council approves Applicant's request subject to the four (4) conditions listed on Page 2 as modified by the additional conditions and limitations recommended by a group'of concerned neighbors as provided in Pages 5-7 of the Revised Staff Report dated 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 refer to'the Town Council for approval. 2. With regard to Condition #2, no alcoholic beverages would be allowed on the property at any time. 3. With regard to Condition #3, the following changes are recommended; A. the theater alternative is recommended with no amplification allowed outside any structure.

2 4. 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 use by the staff and contractedagents of the Town and the Mound House. With regard to Condition #4, it is recommended to exclude moonlight kayaking and astronomy night from the Sunset prohibition. Findings and Conclusions -Planned Development Rezoning: Based upon an analysis of the application and the standards for approval of planned development zoning districts following a FLUEDRA (Florida Land Use and Environmental Dispute Resolution Act) mediation, staff recommend the following findings and conclusions: 1. The requested residential planned development zoning district complies with the comprehensive plan, chapter 34 of the land development code, and other applicable 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 Beach B. C. D. Comprehensive Plan; and meets or exceeds all performance and locational standards set forth for the potential uses allowed by the request; and will, protect, conserve, or preserve environmentally critical areas or natural resources; and is 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 land use change at this location. Approval of the request will not place an undue burden upon existing transportation or planned infrastructure facilities and the site will be served by streets 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 regulations provide sufficient safeguards to the public interest. The recommended conditions are reasonably related to the impacts on the public's interest created by or expected from the proposed development. The proposed use or mix of uses meets all specific requirements of the comprehensive plan that are relevant to the requested planned development, including A. Policy 4-B-8 andpolicy 4-B-13 on uses within Recreation future land use B map category. Goal 13 and Policy 13-C on the promotion of historic resources and increasing community awareness and access to publicly supported resources.

3 9. A. B. C. D. The requested deviation: enhances the objectives of the planned development; and preserves and promotes the general intent of the LDC to protect the public health, safety and welfare; and operates to the benefit, or at least not the detriment, of the public interest; and. is consistent with the Comprehensive Plan. The foregoing Resolution was adopted by the Town Council upon a motion made and seconded and, upon being put to a vote, the result was as follows: Howard RYnearson Don Massucco Bill Thomas W. H. "Bill" Van Duzer Garr ReYnolds Adopted this 16th day of May, ATTEST: TOWN OF FORT MYERS BEACH By: Marsha Segal-George, Town Clerk Mayor Approved as to form by: By: W. H. "Bill" VanDuzer, Anne Dalton, mterim Town Attorney

4 - --- A. Conditions 1. The development of this project must be consistent with the 1 page Master Concept Plan entitled "Mound House," stamped received January 26,2005, last revised 11/04, except as modified by the conditions below. This development must comply with all requirements of the Fort Myers Beach Land Development Code (LDC) at time of local development order approval, except as may be granted by deviation as part of this planned development. If changes to the Master Concept Plan are subsequently pursued, appropriate approvals will be necessary. 2. All proposed events with on-premises consumption of alcoholic beverages must apply for and receive a permit for the service of alcoholic beverages in accordance with , permits for special events. 3. The following limits apply to the project and uses: a. Schedule of Use GrouQs and Uses Civic - Open Cultural Facility Theater Marine - Limited Retail Space - Open Membership Organization Recreational Facilities, commercial Temporary Uses On-premises consumption of alcoholic beverages Office - Limited Note: Please see the discussion of the Schedule of Use Groups and Uses in the Proposed Planned Development section, below, for additional conditions and limitations recommended by a group of concerned neighbors. In addition to the items discussed below, the neighbors also recommend that the planned development zoning include the following limitation: 4. Hours of operation will be limited to 8:00 A.M. to Sunset and in conjunction with any extended hours approved in conjunction with a permitted Special Event. B. Deviations:Staff recommendsapprovalof the requested deviation from the requirement that no more than 20 percent of a required buffer width can be an impervious surface, to allow up to 53 percent of a small portion of the 25 foot buffer along the Matanzas Pass to be paved. Findings and Conclusions: Based upon an analysis of the application and the standards for approval of planned development rezonings, staff makes the following findings and conclusions: 1. The applicant has demonstrated compliance with the Fort Myers Beach Comprehensive Plan, the Land Development Code, and other applicable codes and regulations. M:\Jerry\Mound House\Mound House PD Staff Report.wpd Page 2 of 8

5 specific conditions, limitations, and deviations is the only appropriate zoning district provided by the LDC to accomplish this requirement. The LDC provides for two types of Planned Development zoning districts: Residential or RPD and Commercial or CPo. Because the intent of the RPD district is to specific development proposals that are primarily residential in nature--and the Mound House is not--the Town proposes to rezone the 2.7Tt acre Mound House property to a Commercial Planned Development (CPO) district. The Land Development Code, Section states: the intent of the CPO district is to allow a landowner the ability to submit a specific proposal for a land development that is primarily non-residential or mixed-use in character and that complies with the Fort Myers Beach comprehensive plan, but which does not meet all of the specific requirements of a conventional or redevelopment zoning district. The allowable uses in the CPO district are defined in Table 34-2 and the property land uses assigned to use groups and sub-groups are defined in Table Accordingly, four use groups and six specified additional uses that require special exceptions are requested by the Town for the 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 conditionsand limitationsin the CF zoningdistrict. In meetings with concerned neighbors, they requested that the following conditions and limitations be placed on the permitted uses in Civic - Open: Family day care home - specifically eliminate this use Recreation facility, public - limited to use of the structures indicated on the MCP and passive recreation appropriate to the existing level of development of the Mound House property Day care center, adult - specifically eliminate this use Day care center, child - limited to day camp type activities and no more children than can be safely accommodatedin accordancewith the occupancylevel attributedby the Fire Marshal to the Mound House's largest room. Place of worship - limited to no more persons than can be safely accommodated in accordance with the occupancy level attributed by the Fire Marshal to the Mound House's largest room and with a temporary use permit issued by the Town School- limited to no more persons than can be safely accommodated in accordance with the occupancy level attributed by the Fire Marshal to the Mound House's largest room Restaurant, accessory only to public recreation facilities - specifically eliminate this use Two uses that require special exception approval are also requested and are therefor listed specifically in the Civic - Open section of the Schedule of Uses for the proposed planned development. Cultural Facility and Theater. The Mound House serves as a cultural and education facility containing a historically designated structure, an archaeologically significant shell mound, with a myriad of programs on the history of Estero Island and Southwest Florida throughout the calendar year. The historic home serves as a museum highlighting the oldest structure on Estero Island and will feature a walk-in exhibit highlighting 2,000 years of history associated with the construction of a Calusa Indian shell mound. The Mound House property can seat more than 200 guests for dramatic, musical or live entertainment. The property recently hosted a local production of "Little Shop of Horrors," with adequate space and capacity for guests. The property would continue to serve as a center for community events with no damage, M:\Jerry\Mound House\Mound House PO Staff Report.wpd Page 5 of 8

6 hazard, nuisance or other detriment to persons or surrounding property. In meetings with concerned neighbors, they requested that the following conditions and limitations be placed on the requested additional (special exception) uses in Civic - Open: Theater.- specifically eliminate this use. In the alternative, if the Theater use is approved, the neighbors request that the use be limited to the area forward (toward Matanzas Pass) of the Mound House and north of the northern side of the Mound House, and that it be only allowed in conjunction with an approved Special Event permit and that Special Event permits for the property be limited to twelve (12) in any calendar year Marine - Limited. The second use group is Marine - Limited. This use group would be allowed without any conditions and limitations in the CF zoning district. In meetings with concerned neighbors, they requested that the following conditions and limitations be placed on the permitted 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 zoning district 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 the property 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 certain protections that would not allow problematic retail uses to occur or desirable retail uses to become problematic, staff agrees with the neighbors that the elimination of c.ertainpermitted uses in this use group and reasonable conditions and limitations on others are appropriate as a condition of the planned development zoning designation. In meetings with concerned neighbors, they requested that the following conditions and limitations be placed on the permitted uses in Retail - Open: Dwelling unit - specifically eliminate this use Laundromat - specifically eliminate this use Personal services - specifically eliminate this use Restaurant - specifically eliminate this use Retail store, small - limited to ten percent of the floor area of the Mound house for retail operations appropriate to the operation of the Mound House as a Cultural Facility and prohibiting any food sales Drive-through - specifically eliminate this use Four uses that require special exception approval were also requested and are therefor listed specifically under the Retail - Open section of the Schedule of Uses for the proposed planned development. Membership organization, Commercial recreation facilities, Temporary uses, and On-premises consumption of alcoholic beverages. The subject property possesses adequate space and housing for membership organizations to meet or utilize the property for formal membership activities. It provides the public with access to the Matanzas Pass and Estero Bay environments by means of a kayak launch and dock. The launch is open to the general public for uses such' as passive recreation and wildlife observation, and is maintained by the Mound House staff accordingly. Staff recommends the subject property be allowed temporary uses in accordance with specific regulations and permitting procedures. Staff also recommends the property have the ability to be able to sanction on-premises consumption of alcoholic beverages for special events held on the property: A condition would require all special events with on-premises consumption of alcoholic beverages to obtain a M:\Jerry\Mound House\Mound House PO Staff Reportwpd Page 6 of 8

7 - n - - n n n - n n" n - - n special event and temporary permit for the service of alcoholic beverages at the specific location on the property proposed forth is use. In meetings with concerned neighbors, they requested that 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 safely accommodated in accordance with the occupancy level attributed by the Fire Marshal to the Mound House's largest room Recreational facility, commercial - Staff has concluded that this use is not necessary to operate the property as is currently envisioned for the foreseeable future and requests this use be eliminated Temporary Uses - only with the appropriate permit issued by the Town On-premises consumption of alcoholic beverages -specifically eliminate this use. In the alternative, limited to beer and wine, limited to the interior of the Mound House building, only in conjunction with a permitted special event, limited to no more than two (2) hours, and no later than 9:00 PM Office - Limited. The fourth use group is Office - Limited. This use group would be allowed without any conditions and limitations in the CF zoning district. In meetings with concerned neighbors, they requested that the following conditions and limitations be placed on the permitted 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 is applied to p~blic parks, schools, undevelopable portions of Bay Beach, and those parts of Gulf beaches 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 all dwelling 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 of Connecticut Street. The property is bordered to the east by the Matanzas Pass and to the north and west by sea walled canals. Only three properties to the immediate south of the building are adjac~nt to the property line by means other than a body of water. Due to the size of the 2.77 acre parcel and the buffer provided by the sea walled canals, the change in zoning to Commercial Planned Development with the approved MCP and schedule of uses, deviation and conditions will not 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 use category. The request would be conditioned to require all events with consumption of alcoholic beverages to be issued a permit and the approval of a deviation from LDC (9) b, to allow up to 53 percent of the 25 foot buffer along Matanzas Pass to be paved is consistent with the M:\Jerry\Mound House\Mound House PD Staff Report.wpd Page 7 of 8