Local Planning Agency - Regular Meeting

Okay, good morning. Uh, thank you all for being here today. This is a regularly scheduled meeting of the Fort Myers Beach Local Planning Agency. It's Tuesday, April 14th, 2026, and it's 9:00 a.m. If you would please stand for the invocation and the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

As we gather here to make decisions that affect our citizens and Ireland, we ask you to lift your heads, open your eyes, and open your hearts. Our most serious duty is to look to the community we share, the examples we make, and the legacies we leave. That should be our greatest, most courageous and noble intention. Amen. Amen. Just for the record, could we start at the end and have a um roll call for attendance? Jim, Jim Dunlap, Don Sudith, Doug Ekman, Jane Summer, Anita Sarasita, Jim B, Ed Skunover.

Thank you. And uh Ed Skunover is our newest member of the LPA. Please forgive him all the mistakes he'll made today, but we're very happy to have him on board. Very happy to have him on board. Um, okay. First item on the agenda is an approval of the final agenda. May I have a motion, please? So move. Thank you, Jim. Thank you, Jane. Any objection to the motion? And hearing none, the motion passes unanimously. Approval of the minutes. Um, second. There were no minutes. Yeah, exactly. I retract mine

in advance. Thank you. Thank you. Okay, so the first item is public comment. This public comment is designed to be for anything that is not on the agenda or or if you can't stay all day and you've just got to tell us what you want to say right now. But remember that these are all public hearings and you want your comments to be part of the official record. So, it's best to make comments during the hearings, but if you'd like to speak now, of course, you're welcome to. Is there any public comment at this point? Yes, sir. Tom, come on up. They are. Just make sure just push the button, Tom.

It's nice to see you.

Thank you. Uh I'm Tom Brady. I'm president of Protect FM. I'm also a full-time resident at 339 Madison Court. Um, first of all, I love our system our I love our democratic system in this country and that's why I'm commenting up front is that the fact that we have these knowledgeable people to review this project today uh makes me feel warm inside that we have a quasi judicial process where this group will review the facts is presented to them today um and with a lot of critical thinking will apply what they know and uh vote appropriately and they come in without biased and I believe that's true. So, uh, be true to your hearts and I'm encouraged and uh, thankful that you're all here. Uh, that said, I'm I'm curious about some claims made by the applicant about things like uh, the finances of this town, which clearly they have no knowledge of how uh, revenues come into this town and how the money spent. Things like impact fees don't drop to the bottom line. They just offset existing cost as are most of the things that they claim would be additional revenues. Avalor taxes are separate from that, but Avalor taxes have been going up and the Lee County tax appraiser had said at the last town council meeting that we expect to continue to see the revenues come in, if not increase, despite the fact that there's been some pullback in the market for our tax revenues. So, I think we're in much better shape than they claim to. And I view that as I fought IBM for years in my commercial life that that's fear, uncertainty, and doubt. And I think that should be not be part of the equation that if we want to talk about the financials, let's have our town manager working through the uh our town financial director to describe what those issues would actually be for the town without conjecture about how they're actually going to impact us. So again, uh thank you very much and uh keep an open mind and I trust you to do your jobs appropriately. Thank you.

Thank you, Tom. Is there anybody else who wishes to speak right now? Ellie, good morning. Morning. You you just pick that up and hold it, Ellie. There you go. All right.

Hello. My name is Ellie Bunting and I've lived on this island for over 70 years. In 1970, the first condominium in Leonardo Arms was built here. Before that, Fort Myers Beach was a community of small cottages, family motel, and open shoreline. But in just 20 years, from 1970 to 1990, nearly 100 condominian developments were built on this narrow island. The level of growth didn't happen slowly. It happened rapidly, and it permanently changed the character of this community. At the same time, just across the bay, citizens were fighting to protect what became the Astero Bay Aquatic Preserve, the first aquatic preserve in Florida. The effort was about recognizing limits. In 1995, the community acted on that lesson by incorporating as a town to take control of growth and ensure that mistakes would not continue. Out of that came the comprehensive plan. The plan is a promise to respect the limits of this island and to protect its character. Today, we are living with the consequences of that early development. traffic congestion, strained infrastructure, and increasing vulnerability to storms. This is a barrier island. There is no expanding it, no adding lanes, no moving it inland. For every decision you make now adds to what is already here, and the margin for error is gone. History teaches us that unchecked growth changes a place permanently. Incorporation was this community's way of saying we have learned that lesson. You now have the responsibility to uphold it because smart planning is not about stopping everything. It is about recognizing when enough is enough. And on this island, enough was reached a long time ago.

Thank you, Ellie. Okay. Now, now I'm just going to have I'm going to lay out the rules of the land today. No applause because your applause though some people will agree with you, other people will not. and we don't want and I you know I love Ellie but we we're not going to applaud. Um it can be intimidating to others to speak. So please hold your applause until maybe the end whether you like or dislike our votes. Um this is going to be a long uh meeting. Well maybe probably it's probably going to be a long meeting. Um for you folks in the audience there we are going to take a break um after item B on the agenda. Um, the LPA is going to go upstairs and take a break. And for you folks in the audience, in the little workroom, there are some sandwiches and cookies. There's bottles of water. If anybody feels a little woozy in between now and then, feel free. Um, but please, uh, no booze, no clapping. Uh, we're all in this together. Literally, we are. And, uh, so let's just be supportive of everyone who speaks. Okay. Thank you. All right. Anybody else want to speak after that lecture? Go ahead, Terry. Appreciate you being here, Terry. Thank you very much. Is it on?

Oh, it is. It's green. I haven't been here as long as Ellie, but I've been here 50 years. My name is Terry Kaine. For those of you who don't know me, you have a guide book, and you know it well. It's called the comprehensive plan and after what we've just been through reviewing and renewing it, um I hope that tells you what the will of the people are here on Fort Myers Beach. People do ask for deviations from the comprehensive plan. And I just want you to remember, and I know you all know this, but I have to say it because I have to get it off my chest. Um everything you do needs to be for the greater good of the community. Anita just said it. We're all in this together and it's the whole island, the residents and the businesses alike. This means balance and fairness. As you review the project and listen to the presentation, please remember, and this was already touched on, cost or profit is not your job. It's not your job to recommend changes that the presenter should make to make the project more appealing. But you already know this. Again, I say I just had to get that off my chest. Um, please review the merits only as the presenter presents. And I know you do that. I was very open-minded when I was reviewing this plan because someone had told me this is a good organization and um it brought a a memory back to me when I was once called a car abuser by my mechanic and uh I feel this um I looked at this and I went wow this is really land abuse and it boggles the mind how much use is expected on this tiny parcel of land. The intensity of this project is overwhelming. From the 12 requests for deviations to ask for special exceptions for construction in the environmentally critical zone to build a bar closer to the neighbors and extra height. The height of the building should not be approved and you all know this. And the parking is lacking. When considering 196 units and 46,000 square feet of retail, when I figured out two cars only for the dwelling units, one car for the hotel units, that left only

98 parking spots for 46,000 square ft of retail. To me, that's not a lot. Where will they park? In the neighboring condos and the neighboring businesses? I don't know. Uh the people of this community are used to change. We've been told that we're not subject to change. We are. We've been here through a lot. Um, not all change is good. Some change is good. We've got two new bridges. I wasn't here. I was here when we had the second bridge. We didn't used to have sidewalks. There's a lot of things we didn't used to have that we have now. The intensity of this project leaves me wondering how much water pressure will be left for the rest of us. The traffic, the flushing, the water, and the parking all affects us from the whole island, not just this end of the island. Um, I'm concerned about the continued strain on our infrastructure and um and the uh overdevelopment as it continues. I want to thank you very very much for your time on this. I know it took you all a lot of time. I know you all have a lot to think about and in the old days we had a saying when we started this town and it was don't east coast the west coast. So thank you very much.

Thank you Terry. Is there anybody else who'd like to speak right now? Okay, seeing none, and you'll have plenty of opportunities throughout the day, we'll move on to the next item on the agenda, which is an overview of today's activities by London Bay. So, um, this is a presentation by 6200 EO Boulevard Investments LLC.

Good morning, sir. Good morning. For the record, Richonovich, on behalf of the applicant, uh I'm new to your town, so if I Well, welcome. You're going to have a great day. I'm I'm looking forward to it. So, if I if I somehow uh break with your norms, please tell me and I'll Don't worry about that. Just

um the way we were proposing to do our presentation is to uh to save time, we would like to present both the comprehensive plan and the PD at the same time. Obviously, you will consider them separately, but I talked to your your attorney instead of duplicating both presentations and we think it's very important for you to hear the whole picture when considering first the comprehensive plan which is legislative and then considering the PD and the other applications which are quasi judicial. We don't want to make the same presentation twice for the PD and the comprehensive plan. So with that, we will ask at the end of our presentation and the beginning of the PD presentation to incorporate the comments we're making during the initial presentation as part of our PD presentation so you don't have to hear the same presentation twice. I hope that's acceptable. I think it'll be more efficient and will give everybody a better picture of the totality of the request. So, if that's acceptable, uh, Nancy, I think it'd be best if we swore in at least our witnesses. Now,

we'll swear in everybody, but Nancy, do you agree with this? Um, I do. And Rich and I, Mr. Yavanovich, we had to um, Miss Stuper Rich, so we got that itch at the end, right? Um, we we discussed this. The intent was to um to give your client, London Bay, an opportunity just to introduce themselves to the community if they wanted to at this part of our presentation.

Okay. And um this is the time that we had anticipated that could occur uh to be followed up by a few minutes uh of conversation from me regarding what the procedural rules are for the LPA as far as the differentiation between a legislative and a quasi judicial proceeding um as stated on in the agenda materials. So, I just want to set the kind of the baseline of of who our applicant is and kind of what the rules are, the differences between um a legislative forum and a quasi judicial forum so that the the residents are all understanding as to how this this project is moving forward because it is a big impact on the on the community. Um, so if you'd like at this time if if he wants to say a few things maybe um to reintroduce himself. I know that um I think there was some media coverage over the weekend. I don't know if everyone saw that or or what. A significant portion of our presentation is about London Bay, my client,

as well as additional information they want to present as part of the overall record for both a legislative and quasi judicial decision. Our intention was to do I would just do a brief overview of the five different petitions that are here. Then we would immediately launch into the London Bay story and the London Bay uh plan for this property and who London Bay is. We'd prefer to do it that way.

Mr. Yvanovich, let me get this. Let me just see if I have this clear in my head and if anybody has a question, uh, please ask. So, um, so what we'll do if as as what I'm understanding you're saying, you want to talk about the text amendment and the future land use amendment in concert with the CPD. So, you're going to talk about the whole big picture and then then we will vote individually on all of those items. We will. Yes, ma'am.

Okay. And so your part of your presentation is a discussion about London Bay as a company and your participation in this community and everything else. Absolutely. So, so we'll just skip this little overview part because the overview is part of your presentation and if you'll just give us a minute or two. Nancy is going to uh do a presentation and then we'll call you back up. Do I have that clear? Uh yes ma'am. That's exactly how we want to do. Okay. Does everybody agree with that? We do. Yep.

Okay. Okay. So, I just wanted to um kind of do a little um reminder to our LPA members as well as let the public know some of the information of how all these hearings and all these applications that are before the LPA and then ultimately before the town council, why we're asking questions, why we're following this particular type of procedure. So, the LPA has adopted procedural rules and on page 13 of 244 pages that's in the packet there, you'll see um a part that talks about the conduct of the LPA meetings. Um and within that section of their procedural rules, it is divided into uh legislative hearing procedures as well as procedures for quasi judicial. So you may be familiar with those terms, you may not, but there is a legally there is a difference um as to the level of participation by the public as well as the burdens that are on the applicant to in order to get ultimately an approval. So with that said, I want to go ahead and talk about just generally um the LPA during their meetings, they will allow for public comment, but the public comment is limited to three minutes. However, that can be modified by a request to the chair and a subsequent approval by the um LPA members. Public comment is really not intended to be a back and forth um question and answer. However, if there is something that um the LPA members are just dying to ask a little bit more about, they can do that. Um again, it's this the reason we have these procedural rules is to try to conduct these hearings in a very orderly fashion. So, with that said, I want to talk a little bit about the order of

presentation for legislative hearings. Those would be the first two items that you have on your agenda. So, the chair will open the hearing. The title would be read, the staff and uh there would be a brief overview of what the ordinance is about. Public input is taken and then public input is closed. The LPA members then ask questions among themselves. They discuss the ordinance including changes, deletions, make they make findings that the ordinance is consistent or not consistent with the comp plan or if it is otherwise in conflict with the land development code. A motion is then made to either recommend approval of the ordinance to the town council as is or with modifications or to take some other action. If the motion to approve fails, then there could be a motion to recommend denial. And if there is a a a motion to recommend denial, the reason for the denial should be stated and then the motion is discussed and it's voted upon. Different from uh or unique from a expart um a quasi judicial hearing which I'm going to talk about in a minute. There is no need for exparte uh disclosures in that legislative forum simply because it is legislative. It is policymaking. There is really not a wrong answer. It is a preference um which is not the case in quasi judicial hearings. The format um and the procedure for for quasi judicial hearings is different but it kind of follows the same format. So at the beginning of our quasi judicial hearings uh the matter that that the council is looking at will be uh announced and then I will read a script of what constitutes the basic fundamental fairness rules and

procedures regarding quasi judicial hearings that have been established in Florida law. Um, and then I will ask if any of our members of the LPA have a conflict that would prohibit them from voting on this particular item. And then if they do have a conflict, they have to file a uh disclosure uh form. At that point, our town clerk will swear in all the witnesses who want to testify regarding that particular matter. If someone is stating that they are an expert in a particular area, the uh area of their expertise would be asked on the record and the LPA would make a uh would take a vote to determine whether or not that person is an expert in the area that they are identifying. At that point, the chair will announce the specific quasi judicial item that is up before them and then she will ask if any of the LPA members have had any exparte communications regarding this. So exparte communications is any type of contact whether it be in person, by email, by telephone outside of this hearing room. As you heard the prior speaker this morning, um the LPA members regarding the the quasi judicial matters have come to this hearing with un with no biases without having made their mind up first regarding how they intend to vote on a particular item. At that point, the applicant has the opportunity to come forward and make their presentation. Um after that um staff will provide their report and their summary of the matter and then there'll be um an opportunity for questions back and forth

to the applicant to the staff and then public comment will be um provided. The um the staff would make any closing comments. the applicant has the opportunity to rebut anything that they've heard that they disagree with to get it into the record. Um, and then at that point, the public hearing is closed. And once the public hearing is closed, there's no additional input. That is the opportunity for the LPA to discuss among themselves what they think the vote should be on a particular um item. And then they vote. and then we move on to the the next item.

Thank you, Nancy. So, that's the summary. Are you do you all feel smarter now after hearing all of that? Um, so what I'd like to do now, Nancy, could we go ahead and swear in anybody who's going to speak today just to take care of that?

Sure. That is at the request of the applicant and I don't have any reason not to. If there's anyone in the public that does not want to be sworn in, um, please state that when you come up to the record. The reason we're doing that is because we are accommodating the applicant to incorporate any of the comments for the legislative matters into the record for the quasi judicial. And you know, if it sounds kind of legal ease, it really is. uh because in the event that there is some type of challenge, we do need to make sure that we have a very tight record regardless of which way the vote goes. So, if you want to speak today on any issue today, if you want to talk about anything, I'd like you to stand, please, and be sworn in.

And that includes public comment. Yes, that is that's public comment. That's anybody who's going to speak. Okay. Okay. If you'll raise your right hand, do you solemnly swear and affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? I do. Thank you all. And if those of you who did not stand and you all of a sudden get the itch to speak, we'll we'll we'll fix that for you later. Okay. Um so madam chair in a u legislative matter it's generally staff that would proceed to um to kind of give an overview and of course giving the uh the applicant um the opportunity to present and then um members of the public.

Okay. Well, I'm going to uh read the title of the first ordinance. Uh this is ordinance 2604 CPA 202400067 6200 EO Boulevard the outrigger resort mixed use CPA text. This is a comprehensive plan text amendment and it is legislative in nature. An ordinance of the town of Fort Myers Beach, Florida, amending the text in the future land use element in the town of Fort Myers Beach Comprehensive Plan 2045 adopted December 1st, 2025 to include outrigger resort mixed use land use category, providing for clarifications as necessary, providing for conflicts of law, scriveners errors, severability, and providing for an effective date. Um, you know, I'd just like a point of clarification here right now because I'm announcing that this is what we're going to talk about, but Mr. Yavvanovich uh wants to talk about this and I'm guessing the future land use map amendment as well as the CPD. So, oh, should I announce all of them at once? And this is like issue.

No, I think that it would be preferable just to incorporate by reference anything that he says during this item when we talk about the uh future land use map. So comments are going to be on the agenda items that you're addressing each individually. Do you agree, Mr. Ivanovich? Hey, Nancy, unless you have Sorry, Miss Dupri. Unless you have an objection, you can call her Nancy and I'll call you Rich, please.

Okay. Thank you. Don't call me anything else. You call me Richard, I'm going to start ducking. Uh but um I I think we should hear both the text amendment and the map amendment at the same time instead of doing two separate hearings for that. You can vote separately if you want, but they're both legislative. I agree. We should hear the uh CPD and the others separately, but they really under the small scale complaint amendment statute, you have you do the map change and you can have a text change along with the map change. So I think they both have to be together. I preference I don't have any issue with that other than um we just need to clarify for the record when the hearing for the text change has ended and then you can just go right into your

uh map amendment if you want and incorporate by reference what you said. I mean in your presentation I'm sure you're going to give the overview first talking about the text and you can say and now I will begin the text amendment. Yes. I don't want you to do that because I don't want you to I don't want you to muddy the waters here. It you can I'm going to let you speak, Rich, about whatever you want to talk about, but um let's let's dispense with number one, then dispense with number two. You can wrap them all together if you want, but I have just read the title of the first case. And so, we'll vote on that first case, and then I'll read the title of the second case, and we'll vote on that one. Do you all agree? Yes.

Okay. There we go. Thank you. Go ahead, Jason. Did you want to say something? No, I'm fine. I was waiting for you to Are you finished? Yeah, I am.

Okay. Thank you. Uh Jason Green, Community Development. As was mentioned, just a brief overview. I won't go into analysis or anything at that point. Uh just to give you a framework, when you do a text amendment of the comp plan, the comp plan is made up of goals, objectives, and policies. And in our previous plan, in our current plan, there's a section for uh mixed use. And there's multiple categories within that area that's recently been adopted that are considered mixeduse. The pedestrian for which is essentially downtown. That's an example of a mixeduse category. This application in the text amendment is to create a new district for the property um that's described. There's a legal description involved and that would go as um functionally underneath that mixeduse umbrella with the other categories. So, it's creating a new area, new category, and to your next um agenda item, a new color on the map, so to speak. So, um that's essentially what what the request is to do. It doesn't affect any of the other policies, goals, objective, and policies of the plan. It's sight specific uh to this site in this application.

Okay. Okay. Thank you, Jason. Rich, where are you? I'm hiding. Okay. Don't don't hide. It's a small room. It is. So, Okay. Well, we'll we'll we'll do our best to uh keep everything separate but yet together during our presentation. Wonderful. We're going to provide you all a copy of our of our presentation. It's very lengthy as well as uh letters of support that I think you all have received, but I'm not 100% sure that you've received all the letters of support for the project. Thank you very much. And that's what's being handed out to you now. Thanks, Ken. Um Rich, just can you hold on one second? and letters of support.

Nancy, uh, can we, um, just say for the record, should we do that now the emails and everything else or this is legislative, so we'll save that for the CPD? You can save that for the quasi judicial matters that are coming. Okay. Could I ask is do you have that electronically? Is there any way that our It should be presented if someone could. Yeah, if he can get it on the screen for the members of the public so you can see what everybody else has. I'm pushing a button, but I don't know if I'm pushing the right button. Which one?

There we go.

All right. So, thank you. Uh, as I mentioned, my name is Rich Yvanovich and I'm here on behalf of the applicant. Mark Wilson is the president and CEO of London Bay Development Group who uh is is the developer of the proposed project as well as the actual owner of the land. Alexis Crespbow and Fred are expert uh planners that will be providing testimony. Ted Tish is our expert transportation consultant. Elizabeth Fountain and Brandon Fry are two of our engineers uh that will be addressing two separate areas of expertise during their presentation. Um and then we have our uh architect Miguel is here and uh we'll be addressing any questions you may have about about the architecture associated with the proposed project. Um I know you're all familiar with where the property is. You can actually see it from right here. Uh right across the street. The property is a 9 acre parcel of property. Um it's on the west side of Mura Boulevard. It's about 9 miles north of Big Cypress Pass Bridge and about three and a half miles south of Time Square. Um, I think it's important to uh understand that your comprehensive plan is a living and breathing document. There is a process by which property owners have the right to come in and petition and ask for changes to the comprehensive plan. It's a legislative decision. I don't disagree with that. And your decision needs to be based on data and analysis. And we're going to provide you with both uh we're going to provide you with what we believe is sufficient data and analysis to support every one of these petitions and in particular uh the requested change to your comprehensive

plan. You have several petitions in front of you today. You have two proposed comprehensive plan amendments. You read the title to the first one which is at is the establishment of our outrigger mixeduse district. I think it's important to to recognize that that text amendment only applies to 3.55 acres within the town. It is not a global change to your uh comprehensive plan. It is not a precedent for anybody else who wants to come in later and say you approve outrigger you have to approve our request change the comprehensive plan. It is separate and distinct. It is only applicable to this 3.55 acres. Your next petition will be the actual map change as Jason pointed out is where you put the color on the map saying these are the 3.55 acres that the outrigger mixeduse uh subdist applicable to the property. As part of our initial presentation, we're going to take you through the reszone of the property. The current property is this entire nine acres is zone CPD. Right now our request will be to reszone 3.55 acres consistent with the change to the comprehensive plan to a CPD a commercial plan development that will be mixed use. It'll be 196. Oops. It'll be 196 total units of which 150 will be hotel rooms or hotel condominiums and 46 units will be multif family. Currently you have 144 uh room hotel approved on the property and 10,000 ft of commercial. Our request will increase the commercial to 46,000 square ft.

26,000 square feet of which will be a private club and 20,000 square feet will be public use. And we'll get into greater detail about what all those public uses are associated with that 20,000 square ft uh for the benefit of the general public. I think it's important to understand that the 20,000 square ft can only survive and be beneficial if the public comes and uses those facilities. We would have had much smaller facilities within this project if we intended them to be only for the hotel and only for the multif family. We sized these appropriately to attract and let the people use the beach. And when you see the design of of the project, you'll see that we made access to those public facilities easy for the general public to get to. We're not forcing people to walk through the hotel lobby to enjoy the facilities. There's separate access through a public beach access that allows people to comfortably come and use these facilities. Um, so the CPD is is is uh simply on the 3.55 acres. That's when we'll incorporate everything we're about to say in the record as part of the comp plan into that hearing as well. Our intention is to after you vote on those, we'll do a separate presentation on the two special exceptions that are associated with the overall project. The two specialist se sections deal with uh the beach bar, the cheeky hut bar that will be open to the general public as well as where we can serve alcohol on the property. and and we'll go through in detail where each of that those uses can occur on those property recognizing that the original Outrigger Hotel already had uses seawword of the coastal construction

control line and all we're seeking to do is actually reduce what was previously authorized seawword under of the coastal construction control line consolidate it into one structure And that will be an actual reduction of 150 square ft that was previously authorized seawward of the coaster construction control line. And then finally, we'll be asking for a variance related to the setback related to the uh to the cheeky hut. As I mentioned initially, this red area is the 3.55 acres of the total 9 acre site that is applicable to the comprehensive plan amendments and the uh CPT reszone request. Obviously, these two parcel this these three petitions and that 3.55 acres is landward of the coastal construction control line and we'll be going through all those in in greater detail. Um, and as I just briefly mentioned the other petitions, the special exceptions and variance apply to the 5.45 four or five acres of the property that are seawward of the coaster construction control line. And you'll see through our presentation that there is a significant reduction in use of the lands that are seawward of the coastal construction control line. So when all is said and done, the white area will be where you have the CPD and the complaint amendment. That the zoning will be CPD and then the CPD. The red area on here will be environmentally critical, I

think, is the category that you zone uh that property to be. So that'll be a reszone from the current CPD. We and and Mr. Wilson will take you through in great detail the public outreach that we did as part of this process and we made changes to what was originally cons uh submitted for review as part of that public outreach and feedback we've received uh through this process. We've reduced the number of stories at the highest from 17 stories to 15 stories. uh the frontage and you'll see this in the presentation along ET Boulevard. A significant portion of that is three stories, two stories of which is parking. So we've reduced the scale and the feel from the street. We've increased the setback for the tallest building to be 250 ft from a stereo boulevard. We have street level hotel access to improve the pedestrian scale. You'll see all this through our exhibits. Uh we've increased public accessibility. Initially there was 10,000 square ft approved. We're asking for 20,000 square ft uh and providing substantial public benefit as part of this project. Uh we've incorporated a wave dissipation structure to ensure uh the safety of the beach, the safety of the building and also to be able to provide public restrooms as part of this uh public benefit. Initially, we asked for 300 parking spaces. We've uh increased that to 340 parking spaces. I think what's important to to recognize is that the units, the hotel units and the condominium units are 100% parked. Where we there is some sharing of facilities that occurs when you have the

hotel units and the condominium units using those same amenities. So where you see some reductions in the parking, it's related to the commercial uses because the people who are living and staying there are using those facilities as well. So we've asked for a reduction related to that sharing of uses and we are providing shuttles. Um we are providing golf cart parking and other mechanisms for people on the island to come and use those facilities that are there for their use and enjoyment. And one of the other issues that we've we've recognized was was a was an issue and I think it was in one of the comments that I just recently seen saw from one of the neighbors is we've eliminated a proposed water taxi on the Charlie's property. There will be no water taxi going up and down those canals. Uh there will be uh we'll have a water taxi if one exists to another marina and then we'll shuttle people from that marina to to the hotel. Um at this point we're going to go where you originally wanted us to go and have Mr. Wilson come up and give you the overview of London May overview of their vision for the property. After Mark speaks, uh, Alexis Cresbow will come up and give you, uh, some professional planning testimony and we'll get into our engineers and our transportation consultant. And that will be the conclusion of our initial presentation. Uh, I'll ask your indulgence. I know you can ask questions whenever you want. We're going to hopefully answer most of your questions in our presentation. Feel free to interrupt us if if you if you choose to, but otherwise perhaps you can give us an opportunity to go through the presentation and then if there are questions after the presentation, we're happy to answer them. But we'll do whatever is easiest for you or whatever your preference is. And with that, I'll turn it over to Mark. Um, okay.

Good morning everybody.

Welcome and uh thanks for having us. For the record, Mark Wilson, president and CEO of London Bay. Glad to be here this morning. So I want to start off by doing what Nancy suggested and that's kind of giving the background to London Bay. So London Bay I started 35 years ago now actually 36 years ago uh in Fort Meyers and the very first home that we built was in St. Charles Harbor on the river and since 1990 we've been fortunate that the business has grown dramatically and today is one of the substantial uh development companies and building companies in Southwest Florida. But I think it's really important to understand we're local. I have now lived here a lot longer than I have in England. Yes, I still have a very strange accent, but I've been here 42 years now. And during that time, I've my whole time I've lived in Southwest Florida. So, we kind of understand the fabric of Southwest Florida. All of our management team is local and all of our alone ownership is local. We're fortunate because of the success of the company, we've been able to build an excellent team of professionals that have the expertise and the knowledge to execute both homes, our other businesses, and large scale projects. Over those three decades plus, we built a reputation for integrity in the way that we deal with people. Uh we are only operating at the luxury end of the market. So we are renowned for customer service and how we look after our customers. I think the next point is really important. We believe that design

really, really matters. So whether we're designing a home or whether we're designing a project, we think that it is our responsibility to use the very best people in the marketplace to assist us to design something that we understand that will be around for decades and therefore we probably spend a little bit more time and a little bit more money on design than others might uh deem necessary. Uh a really good professional team as I mentioned. And the next point I'd make is we're very fortunate that over those three decades we've built substantial financial capabilities. And why does that matter? And I'm going to digress just a second. For a project of this size and the other ones that we do, you need to have the ability to go through downturns. You need the ability to make sure that as the economy changes, you can withstand what is coming at you. and we're fortunate that we've got that. But if you're going to do large-scale projects on Fort Myers Beach or anywhere else, but especially today on Fort Meers Beach, because we haven't seen new projects moving, it is very, very important that you can turn to a really strong balance sheet. That you can show people that you have a record of doing what you say you're going to do and you have the capabilities of doing that. And you can show time and time again that you succeed in doing it. Banking on this island is going to be very tough for anybody because of the lack of activity. So if they're going to fund anybody to do this, it's going to be somebody with track record, a professional team, and the financial capabilities of doing it. Last, it's important to us that we think about the wellness and and how our employees and

team do. We've been a blue zone company since the blue zone came in. um to Southwest Florida and uh we try and make sure that our team, we know they work extremely hard for us. We like them to be healthy and well at the same time. So, as I said, I've lived here for 42 years. Kind of a local lad, so to speak, with a funny accent. Um I first came down to Fort Myers Beach in ' 81. I moved over permanently in ' 84. My wife and I used to come down on our Jeep Wrangler and have beers on the beach and see the sunsets and really really enjoyed it and have done that for many many years. As I said, the team is local, management lo is local and shareholders are local, the ownership is local. And again, why does that matter? Because your alternative is to have out of town developers that come down. They don't really care about the community. They don't really care about the fabric of Southwest Florida. And they just come in, do a project, and leave. Uh we know that we we've been here for 40 years. I hope I'm here for another 40 years. It depends on how all this theory of longevity goes and what pills people give me to live a bit longer, but we'll see. I think the other is how committed we are to the community. Um there'll be lots of comments of and there has been lots of comments of you know big bank developers just here to make a profit and then disappear off and I'd suggest that that is not true. Um over the last three years alone we've supported over 40 charities. We are part of the community. We care about the community. We give to multiple children's foundations because we think education for kids and raising kids up is super important. We support the Everglades

Foundation because we think water quality in Southwest Florida is absolutely essential and without that lifestyle disappears. We've supported captains for clean water for the same reason and over the last couple of years have also been supporting uh friends of lovers ki uh which I think is important to the beach and lifestyle on the beach. Sorry.

Oh, sorry. I'm I'm ranting on and not clicking but hopefully you're hearing. Thank you. Um so about London Bay um we've got a deep expertise in development as I mentioned um we do community development and obviously largescale development and we've got an excellent development team um still have a very substantial home building company um that design and build luxury homes. We have a remodeling company. We have an interior design company which is now 27 28 years old and our own architectural department to help us through um projects. So let me just take you uh through some of the projects to kind of give you a feel of what we've done. Um this is across the bay. This is the Ritz Carton Residences Eststerero Bay part of the overall Salt Leaf community. uh when built out um well at the moment this project alone sits on about five acres. The first tower is now completed. Uh we had our opening party just over a week ago with over 250 people. It was a super event and our first residents move in um uh right at the beginning of May. um all of the amenities, the marina, we built, the lagoon, the pools, and on the right hand side, a restaurant open to the public, which is one of the first new restaurants that sit on the water. They can actually get a view of the water and enjoy um a nice meal. And that is now open and has been open for about six weeks. This is looking at the sunset bar and um a deck that overlooks the marina and overlooks the lagoon that we've built.

And you see again the Michael Mina restaurant on the left hand side going inside the amenities. That was good. My apologies. Yeah. Going inside um what we call the oasis. This is the bar for the residents. And on the left you've got a catering kitchen. And on the right you've got an exhibition kitchen. But point of this we're used to doing luxury. We're used to executing projects at a very high end. Most of you are aware that we built Grand View at Bay Beach. Uh this was the first project to be built as a um a 10story over parking project, a condo of any sort for about uh 14 years when this came online. So this was a significant investment on the island. But it also proves that we're not new. We've been invested here a long time and hopefully we will be for a long time to come. Again, design mattered for this. We wanted to bring a lobby at a level that hadn't been seen before, entertaining spaces outside that people could enjoy, which we thought was important. This is an interesting project, another project of scale, which is in Naples. This is Morris Park, Grand Lake, and happens to be a senior living project that looks nothing like a senior project living project. Doesn't live like a senior living project. And what we're looking at here is the pool and the clubhouse on the left hand side and one of the buildings going up on the right. And again, this is a project we've been involved with now since 19. We bought the land. We started the first building, I think, in 19 or 20. Currently, there are 14 buildings either

built or under construction. 12 buildings complete, two buildings under construction, and we got two buildings left to go. 284 um units plus all the amenities plus assisted in memory care. Um sizable half a billion plus of investment by London Bay and uh as is the Ritzkart Residences at a very similar level invested over half a billion uh dollars today in that project. So I think we can tick the box to say qualified and have financial resources. The um homes that we do obviously some on the golf course, some on water. Excuse my clicker. There we go. One from the front. But that again, we're still doing lots of home building um in the marketplace. I think it's important to express what the core values of London Bay is or are. Uh we are huge believers in teamwork. Um both internal and external and everybody that we work with. Uh we believe in treating everybody with respect inside the team and everybody that we work with outside. Clearly in projects like this we get people that disagree strongly with us. I think it's important that we have a dialogue and that we are open to discussion uh that is respectful. We don't expect everybody to uh agree with us all of the time. Um deal with people uh with integrity. Do what we say going to do. If we commit to something, we do it. And because we work at the high end of the market, quality has been and always will be very important. And again, I talked about having a bit of

fun. On the left hand side is us a charity event. In the middle, every month for the team, we do a food truck in the parking lot that everybody chills and gets together. Right hand side us out out on the water on Bonita. uh coming into Asterero Bay with the team and then down bottom right that's uh women in construction the group and this is our own team that participate in that middle was the opening of u the Ritz carton but what I hope and what we work for and what we strive for is that if we are all working together and rowing in the same direction we can get some really cool stuff done and I think We do. And talking of getting stuff done, we also believe that our projects can become and I think this project can become a significant economic accelerator. Where we have done these projects, the neighborhoods around us, their prices have gone up. They've succeeded well. We've seen people sell better around where London Bay does a large scale project and property prices um generally rise nicely. And I hope this is an embedded video just to give you this is kind of progress in motion of the RZ Carlton project since we started this. This took us 28 months to do this level of construction. And it shows that when we do apply ourselves and we bring the right teams in with the right contractors, this happens and this gets done.

And I said that's uh now first tower is completed. Second tower is halfway through construction in terms of the structure. Um first residents moving in in this May and the others will be moving in in the second half of next year. So, let me just go back to the commitment to Fort Myers Beach. Uh, we're deeply committed to Fort Myers Beach. We have been deeply committed to Fort Meers Beach. Uh, Grand View uh was a significant project created um significant jobs during construction. Over 400 jobs um and more than a million dollars was paid in impact fees uh and one to one a.5 million uh in tax revenue a year. uh Grand View at Formmy Beach, as I said, I think was the first of its scale in about 15 years. It was 11 stories, 58 uh residential units. Um we did a great amenity center featuring bar, catering, kitchen, lounge area, great outdoor areas, and obviously it's part of Bay Beach. And again, just some of the pictures um of the uh project. Um that's a couple of the bedrooms. That's the outdoor living uh areas up on the second deck. So, pretty cool, pretty cool project. But I would just take a moment to say here what we've experienced was what the rest of the south end of the island have experienced since the hurricane. The project was selling really, really well. I mean, we thought we were cruising to getting this finished, sold out, and not a problem. And the hurricane came along and the hurricane caused us about nine months of delay, substantial financial losses, but again because of the company and the way that

we structured this, we had no debt on this project. We did not have a bank breathing down our throat. Um, so when the hurricane came along, uh, we weren't at all pleased with the financial loss that we took. But I think more importantly, sales came to a grinding halt and sales on the south end of the island are still incredibly slow. Velocity has gone down and prices have gone down. And that is a shame. And I think when people come around and look at this project, they go to us, "Hey Mark, we love the project. We love the units. We love the amenities, but there's nothing to do on the south end of the island. There's nowhere to go. There's nowhere to eat. There's nowhere to drink. We can only go to the beach so many times. Um there isn't a lifestyle. And I think what we're suggesting is the project that we're proposing brings lifestyle back to the south end of beach. So as I mentioned, we have a very significant investment into Fort Myers Beach. Uh obviously the Grand View project that we've completed outrigger that we're talking about today, we own the other piece of land on the other side of the road that was known as Charlie's and we also own the Sandpiper project further down the beach that we will uh bring at some stage in the future uh with plans. I think it's also important to note that London Bay will keep an investment in this project. We'll own and operate the hotel and the restaurants for some significant time. Uh we like to own assets. Um it's we think it's a good thing to do and if Fort Meers is a thriving community, we hope that will be a good hold and a good investment for us. And I think the success of Fort Meers Beach and the success of the

outrigger is important to the beach and also important to London Bay financially. All right. So, that's my London Bay positioning, Nancy. So, I think I've probably covered the the point. Yes.

Thank you. All right. Let's talk about um Outrigger and what is it that we're going to do and how are we going to go about it and what are the changes that we made since last time. So, over the last 12 18 months, we had an original project planned. We had an original design planned and over the last 12 to 18 months, we kind of stepped back and I think we did what developers are meant to do. We came forward, we talked about it, we met with LPA members, we met with council members, we did numerous public meetings. Ed had me on the TV a couple of times. Um, and we met with those that wanted to meet with us and we got their input and we said, "Okay, we need to think about this and we need to look at making changes to the project and reacted to some of the input that we got and at the end of the day I think we have a better project and we're thankful for that participation that we received from those that gave us." Rich has touched on this, but I think it's important to kind of go through. We listened, we changed, and we're back with the changes that we made. We reduced the building height um of the tallest building. It's only one building that was 15 stories over two stories of parking. We've brought that down by two stories. Um next to Asterero Boulevard, we originally had eight stories and we've reduced that down to seven stories. But I think also important is we've um improved the massing which I'll show you uh very shortly. But the hotel wing was covering up most of Astera Boulevard and we've now reduced that down in size and it's about 2/3 of the frontage is now the hotel and we reduced the event space down to one stories over

parking to create space and to create actually a great view if you if you're in the conference room of this building upstairs. Uh we enhanced public access to the hotel. We got some criticism that the hotel entrance previously was in a courtyard and it wasn't pedestrian friendly and it wasn't very friendly to the neighborhood. So we said, "Okay, let's look at that." And we now have the entrance to the h hotel right on Eststerero Boulevard, two stories of glass basically that says we're open. Please come and join us. uh we expanded the best restaurant restaurant and bar options uh today that we've got over 470 total seats and I think the important thing that we wanted to do was size this so there would be plenty of places for our local neighbors to come and enjoy. They won't have one restaurant. They'll have multiple restaurant opportunities and multiple places to have a drink. We upgraded the event space. I we met with other hotel owners. We said, "How are you using your event space? What do we need to do? Uh how should we do it?" So, we've done that to better accommodate small, medium, and larger community events. When I say larger community events, talking to those other hotels, a large event for them is 60 people, not several hundred people. So we've positioned this so that we expect community events uh different community organizations to use this for events and obviously we hope to see weddings and birthday parties and the like um from people that are local using it. Uh we've incre improved the mobility and parking 40 additional spaces from where we were, but we've also included uh 71 spaces for bicycle and golf cart and that's clearly

the local community uh coming to the building. Uh Rich mentioned the wave mitigation wall. Uh we've gone through the first part of that and got our CLR approval. But the res but resiliency really matters and the first floor is up at 21 and a half feet and the wave mitigation wall further enhances the protection not only of our building but of the community behind it. But it, you know, if we're going to invest in this and we're going to do a project of this size, we know another storm will hit. So, we need to build a resilient building that in the event of a storm, we can make sure that we're up and running not in 12 months, not in 24 months, but within literally hopefully weeks by building a resilient project where the mechanicals are lifted up and we think really carefully about resiliency. And the last one is we agreed to no boat shuttle on the local canals. Uh we were planning to use uh the residential canals closest to us for a boat shuttle. Uh we got a pretty good whacking around the head by Dawn and Mike. They did a very good job. Um I met with them said, "Okay, we've taken that off the table and also spoke to local residents and got an agreement with Fishtail Marina that we could use Fishtail Marina to shuttle people back and forth. um have a a golf cart shuttle to go back and forth and even inclement weather uh we would have transportation uh by um obviously uh some sort of van again. Rich touched on this. There we go. What was the outrigger? It

was 144 hotel rooms. the pool and the much loved Tiki or Cheeky Bar. Uh what will it be? Uh 100 hotel rooms, 50 hotel condo units, 46 condo residences, and substantial amenities that I'm going to talk about. There we go. So, I know we're going to have the discussion of what's an amenity um and thinking about what amenities are, but I'd ask you to think about after the hurricane, and we've had this conversation over and over again with the local community and our neighborhood associations, is what they really feel is that lifestyle has gone away. But part of the fabric of the beach was meeting their friends either on the beach at Outrigger or other places. Uh being able to go to restaurants, being able to go to a bar and have a drink, have a coffee shop and places to go and that has disappeared. So prior to the hurricane, I think people would argue that what you're doing isn't necessarily a public amenity. I think public post hurricane most of the neighbors or many of I'm not fair unfair to say most many of the neighbors that we've spoken to have said probably the most important amenity they can have is bringing their livestock back. So we believe that the public benefit that we're offering is very substantial and the amenities that we're offering is very substantial. First of all is a shaded public park which is the

beach access down to the beach. Um which will be a very nice entrance down to the beach for everybody. Um and at the included in that will be public restrooms and washrooms so people on the beach have somewhere to go to the bathroom. Uh we've spoken about bringing back the cheeky hut, the outrigger bar, the muchbeloved outrigger bar. There's great photos of everybody enjoying that. We want it back. The community wants it back. and we think is important and then obviously we can activate that and have beach games and fun on the beach and organize events through the hotel and so on. Um a signaled crosswalk uh going so it's safe to cross the road. uh public access to uh not only the golf cart and biking, but by car. Everything will be valet parked uh to allow people to come in, get the cars off the street and get them parked. We've added a lobby bar and terrace as you come into the hotel that will look straight down over the walkway, the gardens, the pools, and the beach. So, it' be a lovely place uh if you want to just pop in to the lobby bar, sorry, to the lobby terrace and bar. Then there is a lobby level restaurant. We've put that right on the be view. This overlooks again the pool and the sand. Indoor outdoor dining about 200 seats, three meals a day, breakfast, lunch, and dinner. We have a graband go cafe and market. So, this is a place that the neighborhood can stop by hopefully after walking the dog or while walking the dog, meet up with their neighbors, grab a coffee in the morning, uh either have something healthy or or a donut, whatever it takes first thing in the morning to get you going and hopefully in the evening stop by for wine and cheese maybe on the way home or something like that. Um, in addition to the cheeky bar, we've

also added a rooftop bar and restaurant which is about 150 seats and I'll talk about that a little later. Ballroom and event space I've spoken about and again this is for uh medium, small and larger events. Um, but we put that on the front of the property and it brought it down to one story. um that has plenty of meeting spaces and boardroom type facilities for local people uh to use if they want to have a meeting or a local community association and I've spoken about the wave mitigation law but I think it's important to say look we haven't sized these amenities for the hotel I don't need all of those things to run a hotel and do the residences we've done it because we think the best use of the land is a mixeduse community and for mixed use bringing all these amenities that I speaking about I think is absolutely critical for the south end of the island. There's no arguing that there's plenty to do at the north end of the island and it's coming back nicely. That can't be said about the south end of the island and lots of people don't want to get in a traffic jam for over an hour to go and get a drink on the north end of the island. Um, so we've designed this mixeduse project with the community in mind. Um, we think the south end at the moment has very little little here. Delighted that there's a new restaurant in Santini Plaza. That's absolutely fantastic and they're doing really well and so they should. But I hope there's lots of restaurants and lots of bars for people to use on the south end of the island. And more than anything, as I said, the thing that we keep on hearing about is people getting lifestyle back. So, let's touch on the economics of the

project. Just during construction alone, there'll be over 111 million 110 plus million of construction wages um for the project. Uh there'll be quite a bit of off-site best you know low estimate of a million of off-site wages and 3.7 million as an impact fee that comes in right at the beginning. Once we go into permanent operations, about six and a 6.7 million of annual taxes coming in, a million and a half of that is the portion that goes to Fort Myers Beach and we'll get about 15 million in salaries and wages to the people that are working on property. So a significant impact to an island where again one of the propositions that I would make is it's important to get new growth to increase uh property tax income to the community. Um I've touched on this. I I won't go through it all again. Many different choices, many different ways to enjoy the food and beverage at the property. and with a total of 470 seats. So significant. So a few pictures. Um this is kind of where were we coming from. As you going down to the beach, we could clearly have just done a strip of concrete with not a stick of landscaping on it and got people from A to B. We said that isn't the right thing to do. We want to create a linear park. And here's a picture of what we're thinking to make sure we got benches. We've got the bathrooms at the end as I spoke about. Then being able to activate the beach when you get down to the cheeky hut and activate the beach and making sure that um that's a nice environment for people. Obviously using

native landscaping, salt resilient materials uh and making sure that the pathway um and the landscaping still exists in the harsh conditions that we can have uh in southwest Florida. And this is more of kind of resilient plants. Once you get to the end of that nice linear park, we'll have the outrigger bar. Again, much loved by the community. Fun place to be. And uh we think uh this will be uh a very enjoyable 50 seats or thereabouts on there. And once we have got that open again, it allows us to activate the beach at night. Not during turtle season. I get it. Uh but when the turtles have gone swimming out to sea, uh we can have some events and some nice time night events. And um as I said, just make sure that we activate the beach. Um the event space and ballroom. Again, we see this more for community events, weddings, local groups, birthday parties um to enjoy that space. and the hotel. Hang on. Yeah, the hotel itself self to be kind islandy feel, right? People come down to Fort Meyers Beach because they want to live in flip-flop shorts and t-shirts. We totally get that when I'm going down to the Caribbean. That's what I want. But I think what we want to do is what I term as kind of casual elegance. Uh, you want to be able to be sitting around in shorts and a t-shirt, but get excellent service, excellent food, and a very nice environment. And the same for the lobby. As you come into the space, comfortable,

inviting, but casual. The graband-go cafe and market. As I said, hopefully this becomes a great meeting point. If you're walking in the morning, come in for a coffee or in the evening on the way home, come in and grab a bottle of wine perhaps to go home with. The restaurant uh that will sit out on overlooking the beach will be indoor and outdoor. Uh three meals a day, breakfast, lunch, and dinner. Uh that will be a necessity to have the right hotel uh in this location. The pool deck uh will be very nice, very inviting. Uh during season, we'd expect this to be occupied by uh residents. Uh but um offseason, I think we'd probably do passes uh for the neighborhood to use. The rooftop bar and terrace up on the 10th floor looking down the beach to the south. Brilliant uh sunsets. obviously think this will become one of the favorite walking holes. Um as I said on Ed's program um yesterday the outrigar is absolutely fantastic but when those noiums come out the ability to jump in an elevator and get get upstairs and away from them might be uh very very enjoyable. Next I'll show you the kind of balswood massing of the building um in a second. This is just this is just a bulsa wood massing. On the left hand side is the Eststera Boulevard. Obviously on the back is the beach. Uh the tallest building is the uh condos that are way back off Eststera Boulevard. 13 stories over parking. The event space bottom right on the front of the uh of the

boulevard is one story over two stories of parking. Um the hotel um in the center is seven stories over two stories of parking and then it steps up to nine for the hotel and condos and the little um step up halfway down uh is the rooftop bar at 10 ft. This is coming in from Eststerero Boulevard. And this shows in the middle. The glass is the twostory uh uh entrance to the hotel that is for the neighborhood to come in and enjoy all of the amenities that I spoke about. Um and to the right is the onestory structure. Um that is um the event space. And as I said with this, it opens up the structure and the way that it's presented to Astera Boulevard. This is kind of a bird's eye view looking down at the pools. There are pools for not only the hotel, there's pools for the residences that are separated and they're separated by a really nice walkway that bisects the property that is very inviting for people for the lobby to get to the beach and from the beach back up to the hotel. And inside uh the residences, there will also be a beach club that will have uh its own food and beverage outlet and that will be two members only. The residents that purchase here will have that availability. Local neighborhood people can join as members. And we think that it'll be a very nice place for people to have uh a a very nice membership beach club. And then looking back from the beach um to the buildings on the right hand side,

you've got the kind of two-level podium uh which allows everything to be parked. You have the tiki hut on the front at the right hand side and just above that is the restaurant that looks out over the views. So clearly um we've thought about uh the experience in mind. Uh the purpose of this uh slide is really to take you through the height uh which I've already done and all of the different amenities um that are numbered. So I won't take you through that again. Um here is the linear park and this is going uh from Esto Boulevard uh down to the beach with the cheeky hut at the end. Um again this could have been a really simple walkway. This is 30 feet wide going down most the most of this. That gives us the ability to put landscaping on both sides and create a really nice experience and also we've thought about traffic and clearly traffic on the island is an issue. Um traffic on the island has always been an issue. When I came here in the 80s traffic was an issue. When I came down in the ' 90s, traffic was an issue. It is today, and I'll guarantee you in 20 years from now, we'll be sitting in meetings like this and saying traffic is an issue. I think the question to London Bay is what are you doing and how can you help improve it? So, we thought about that and we said, you know, certainly for the neighborhood, let's make sure there's a good supply of bicycle and golf car parking, uh, which we've done. uh make sure that we encourage ride sharing so that people coming to the airport will use Uber or Lift and don't feel like

they have to rent a car and make sure that we do a DRA program or do not rent car program to make sure that they get um something back when they check in to encourage them to do that. Um we've got a trolley or tram stop Lee County right outside of the building. Um, we've designed the entrance now to be inviting, but also to make sure that we can get cars off the street, valet parked, and out of the way. Um, as I said, we've done the boat shuttle now to Fishtail Marina that can people bring people from off island onto the island um and make sure that they're not bringing cars and have that golf car shuttle running from Fishtail to um the property. But in addition to that, making sure that we have golf cart shuttles at the hotel that can run people probably within a couple of miles uh of the property without getting in the car. So, there'll be bikes available, there'll be a golf cart available, and we've thought about responsibly how do we reduce some of the traffic impacts. So, let me hit on height. I know we're going to hear about height from others and probably rightly so. And part of the critique last time was we showed a perspective drawing that showed what the building was. But this is kind of this is a black and white the absolute height of the south end of the island. Um with our project at the end the tallest bit being 15 stories over two stories of parking and it's 18 98 ft. If we go to the other end of this, you've got a Pototerero resort built in 86, which is 15 stories and 158 seats. And you go, "Ah, well Mark, you're 40 ft higher than Pototerero, even if we think the height's fine. Why

do you have to be 40t higher than a stereo bul stereo pointer?" The answer to that's pretty easy. They're start at the ground floor a little bit above the sand. We start at 21 1/2 ft in the air and we have to lift this up to be a resilient structure. In addition to that, back in the 80s, if you build 8 8 1/2 ft floor to floor, it was perfectly acceptable. If I tried to sell anything today that is brand new with those floor to ceiling heights, I'll be around for an awful long time and I wouldn't sell a thing. So, we need to do 10 foot floor to floors. Um we've reduced it down from 15 to 13. And then the rest of the project, the next highest point uh in the project is 158 uh feet. The same as point of stero. But as you go along the beach, clearly the single family on the south end on the north end to us. But then if you go up there, you've got 77 feet, 122 feet, 32 feet, 68 feet, 68 feet, 136 ft, 138 ft, and 158 ft. So I would say to you that if you agree it's a great project and if you give it approval and if um height is appropriate anywhere I think there is a very strong argument the south end of the beach is different from the north end of the beach or midtown on the beach. So, let's look at kind of architecture of the project. And this is showing you more renderings. Again, we want the style that fits in with Fort Meers Beach. Uh part of that Florida look. On the right hand side is the kind of one-story um event space. And then it steps up to seven and nine for the condos at the front. But I think the

thing that shows out more than anything here is the landscaping. The landscaping is really important. We We've got to do two stories of parking. Let's make sure that that isn't hitting people in the face and we do our best to make it as attractive as we can on the street. Uh for this and all of the projects we do, we think that landscaping is a great way of enhancing a project. And this is if you're walking down a stereo boulevard uh coming uh north to south uh with the tiered landscaping up against the car park uh that you can see helps it disappear. And then the little step in of the drive is getting you to the driveway and the front entrance of the hotel. And next, as we go to the south end of the project, there's a plaza there that is inviting that takes you to the linear park that gets you down to the beach. And um here I I believe that art is also important in the town. Uh we've included a bit of public art. Uh I picked a balloon dog. I love balloon dogs. I got a little balloon dog at home. I can't afford this one, but it's very nice little boon dog about this big. But I think something that's really fun and makes people smile is appropriate uh for the project. This is actually going down through the linear path. GFside 12 on the right on the left our project on the left. And again, nicely landscaped, nice wide access, easy to get up and down to the beach with some benches uh that people can perch along the way if they want. Then as you get down to the beach um you get to the outrigger bar and the outrigger bar um I think will be just as popular as it used to be and something that we've heard again and again that

people want to see that come back. This is the uh outdoor deck of the main restaurant. Uh looking over the sand, looking over the water and out to the Gulf and great indooroutdoor dining. Um uh 200 seats. This depicts the part of the outdoor restaurant and a fairly wide walkway bisecting the property that's very again very inviting and nicely landscaped and uh we think will be a lovely way to access. Hopefully we see several weddings and people after they get married coming back up to the event space. Uh, who knows whether I'll be wearing black tie or not, but coming back up to the event space to have a good function. And then lastly, the rooftop bar looking down the south end of the island where people can dra grab a drink in the evening, have some food, uh see the sunsets, and uh hopefully meet up uh with friends and family. And then last is that perspective that I spoke about. If you're out on the water looking down the beach and thinking about does this fit with the south end, I think our answer to that is yeah, I think it does. Um, so I think it's important to talk about estimated durations. Obviously, we're here today for LPA. We hope to be in front of council in May. Second hearing, hopefully still in May, but probably going into June. And if the project is approved, you've still got design and

construction documents to be completed. That's going to take us 6 to9 months. And then we need to do our pre-sales of the condos and the hotel condos. And typically, we want to get to 50% pre-sales. And in this market, with this economy at the moment, with the sales on the island, unfortunately, that won't be done in one season, it'll probably take us two years to get to our pre-sales. That means that construction will not start until 27 or 28, and it will take 2 years to have this built, which takes us to completion 3031. And in a way that's with that's the fastest you can go. This is with a qualified development with a great team that will have a great GC that knows what the heck we're doing and it's still going to take that long to get this done. So some of the projects that have been talked about if they don't have the ability to do it I think they will find it very very difficult to get out of the ground and be built before us. So not withstanding the first comment uh from Mr. Brady, I would like to talk about the economics of the island because I think it's an important backdrop to talking about why we probably need a few larger scale projects and I think it's time for a candid conversation. I think we understand the emotions post hurricane and emotions really matter and we think the culture is really important and we think the culture really matters and we think that feelings are really important and feelings really matter but I think it's really hard to avoid the facts um of where we are economically

and the island has to be economically viable. It's got to have the ability to bring in more revenue than it's spending and we need to pay attention to it. So, let me take uh you through where I see things and people don't have to agree with me. It is uh my perspective and our perspective um on this. But there has been not a single, not one large-scale purchase of land in the last two years. Very recently, you had an auction for Gulf View Colony that failed. They didn't get a single bidder. And what's the message that that is sending to the community? Clearly the investment market, the real estate market has a serious concern about the viability of investing in the island. Otherwise, there would be bidders for that and would have seen other land being purchased. And what is some of the concerns and what are we seeing since the storm? about $2 billion of value has been lost in taxes um and taxable value. About 37% of all accommodation has gone and there's been a big decline in population about 33%. And that means that we're not seeing the level of tourism. local businesses are not being supported in the same way and um the kind of economic flywheel of the island is still sputtering. Tourism infrastructure is still broken because we haven't brought back hotels and vacations uh spaces and the outrigger is one of the very few places that you could bring back a hotel in a mixeduse community. Um there's only two

on the south end of the island. There's the Windham and there's Outrigger. And if neither of those come back as hotels, you won't have the catalyst for tourism on the south end of the island. There won't be the economic catalyst that I discussed. But clearly, we've got a lot of rooms that were destroyed that hasn't come back. And what does this mean? You can argue a little if you want to about the numbers, but you can't argue about the effect of this. Fewer rooms, fewer visitors creates less revenue that has the potential of raising taxes, but also has the potential and I would suggest is lowering property values and slowing down sales. And again, just to make the point that I think is important, fewer hotel rooms and vacation rentals, reduce visitor capacity, fewer visitors, decrease revenue for local businesses, decrease business revenue, reduce sales tax and property tax coming in. What does that result in? Budget pressures. That's probably going to require either an increase in taxes or a reduction in services. What does that do? Creates further pressure on property prices. And what does that do? It continues the spiral of lower values result in a smaller tax base which puts more fiscal challenges um to the city. I think the proposed budget's about to move from 66 or was proposed move to 56. But again, just remember where we were for the last several years. We've been very fortunate that we've been getting federal and state money in. But today, tax base is reduced, tourism taxes down

significantly, 48% or thereabouts, sales taxes down, FEMA reimbursements are just about done, federal disaster relief is done, state emergency management funds are done, and insurance claims have been collected. So, I don't think that it print it paints a particularly pretty picture of the island. And that's kind of a repeat of what I said. I've also had people come to me and say, "Well, Mark, all the restaurants that are open are busy." And I said, "Yeah, damn straight they are. There's one on the south end of the island. I'm delighted that they're busy, but there's nowhere else to go. And I'm delighted for Mike and Dawn that their restaurants are huge success on the north end of the island, but it's because a it's a very nice place, but also if you have a lack of choice, then people are going to go to whatever is open. And I think it's time to break the cycle. And I think it's important to get the economic engine of Fort Myers Beach going. And I think it's important for the south end of the island to get its mojo back. And I think that can be done. And one of the ways it can be done is through strategic investment. And clearly there's only three ways that you can kind of resolve this problem. One, you can raise taxes. Two, you can reduce services. Or three, you can expand it by making sure that you're getting more tax revenue in. and you do uh tax base through strategic thoughtful development and I think that what we are suggesting will be a catalyst for that growth on the island and I don't really like to kind of talk

um about us and what our capabilities are um and I don't often do it but I think in this case it's essential But the market investors, bankers and other developers are looking at this project and the outrigger outrigger to say is Fort Myers Beach back on to the path of success. Is it going to be positive in the future? And I think our project will act as a catalyst for people to invest in homes, smallcale projects, and hopefully we'll see some of the projects that have already been approved actually get going and get moving. So, as I said earlier, I think we know the undesirable facts of where we are. And I think one of the solutions to this is strategic development that will help stabilize the community, expand the tax base, create revenue, bring lifestyle back to the south end of the uh island, and help in the economic recovery. And with that, that's my presentation, and I thank you for your time.

Thank you very much, Mr. Wilson. Yeah.

Good morning.

My name is Alexis Cresbow. I'm the vice president of planning at RVI Planning and Landscape Architecture here on behalf of the applicant. Um while the first item we are taking up is legislative. Um because I'm speaking to the um resoning as well which is quasi judicial I would just like to enter my credentials into the record. I'm a certified planner with the American Institute of Certified Planners. I have been uh practicing as a land use planner in Southwest Florida for over 20 years and I have had the pleasure of uh presenting to the LPA and town uh council on previous uh compreh comprehensive plan amendments as well as zonings within the town and I would like to be accepted as an expert today.

Um uh Miss Cresbow, you have or you have not been previously qualified as an expert here. I I have been at at previous hearings. you have been. Okay. Very good. Thank you very much.

Thank you very much. Uh well, Mark is a hard act to follow. Um my role is to walk you through the applications um with focus on our two comprehensive plan amendments as well as the uh commercial plan development resoning. And he's shown you the vision of the project. He's walked you through a lot of the details. I'll try not to be redundant to that. But I think what's important is um for you all to feel comfortable as well as those in the room that the commitments, the vision you just saw will be memorialized through your comprehensive plan, through our text amendment, through the map amendment and then certainly through the implementing plan development um zoning ordinance containing conditions of approval. Um and because we are a sightsp specific text amendment and map amendment, we have been able to include all those safeguards, protections, limitations that you've heard about in terms of density, intensity, height. Those are all rolled into not only our zoning, but the comprehensive plan. Meaning if there's any such time in the future where Mark wants to ask for an extra dwelling unit, asks for an extra 5 ft of height, he will have to go and reopen the comprehensive plan and go through this process all over again. Not just a simple zoning change, but really redo it all start to finish. So we um I I call it putting our money where our mouth is when we're actually rolling all these um safeguards into our comprehensive plan as well as our zoning. Um so you've heard that uh these two or three initial applications only apply to 3.55 acres of the site. The s the remaining 60% will be within recreation future land use and EC zoning. So this would only apply what is landward of the CCCL. We're looking to again establish a sight specific district called the outrigger mixeduse district. Um and relying upon your

mixeduse development framework in the recently adopted comprehensive plan which does provide uh an ability to seek sight specific um amendments uh based upon the merits of the application, the context of where that project is located and the ability to interrelate sensitively with neighboring properties. And also a key theme throughout your new comprehensive plan is contribution to the public realm. And we believe we're doing all these things as we'll walk you through. Um the implementing zoning is resoning from commercial plan development which was adopted by Lee County um in the '9s resoning to CPD to allow for a maximum total of 196 units. That would be 150 hotel hotel condominium units 46 multifamily condominiums and then 46,000 total square ft of commercial uses. As was noted, um 26,000 of that will be the private beach club. Um so that would be an offering to residents of the project. Also, off-site residents could uh pay a membership. So that's included as technically a publicly accessible component, but it is not retail heavy traffic generating type retail uses. That would be contained in our 20,000 square feet. That's where we're having shops, restaurants, bars, and the amenities that that Mark walked you through. And we are also seeking a maximum building height of 195 ft. So to start with the um this slide is your existing future land use map as recently adopted um within the new comprehensive plan. You can see um the property land word of the CCCL is within the pink color that is the renamed medium density residential category. This uh limits density to six units per acre. It also has some allowances for commercial when those properties above

Astero Boulevard. You can see um and you know from uh living on the on the beach that lands to our south are also within that medium density residential limited to 16 units per acre. And I would I would venture to say the vast majority of those are above density uh are much higher than the uh future land use map and future uh land use element would allow. And the decision there from watching your comprehensive plan update process was to maintain the map as it is today and have the framework of the mixeduse development category where you all can legislate the comprehensive plan, the vision of the town on a case-byase basis. The next slide is our zoning map. Um from a from a technical standpoint, if you look at the Lee County um commercial plan development resolution, it technically applies to the entirety of the property, which is a total of 9 acres. Of course, once the town incorporated, they were very careful with their beach area and areas seawward of the CCCL. Um so um as we move uh forward with our petition with the town those areas see where to the CCCL would be converted to EC but we um do have a CPD zoning district that encumbers the entirety of the property. The other thing I'll point you to on this slide is what I'll call the dynamic nature of the surrounding um zoning districts. Uh the town has uh commonly had three major sections of it. You've got your really tourist resort oriented northern end. You've got what what's called the quiet center uh lower density single family neighborhoods. And then this property really emerges to the transition of that high high-rise resort uh portion of the town. And you can see that through the zoning map. We have the yellows um on the base side of the which are your

single family residential areas. There are single family residential to the north of the site as well. The orange areas are your commercial resort. You also have um or rather u residential multifamily. You've got commercial resort in the reds and then commercial boulevard lining a sterile boulevard. So um again a a mix of zoning districts uh within the immediate area as you transition towards uh the high-rise portion of the the town. I'm going to look at the surrounding land uses from a larger context, but for the purposes of this slide, we'll uh show you our immediate abuing land uses. I've touched on those. To our north, uh is a vacant residential single family lot. I believe the the property owners here today. Um some of these lots have obviously been um raised post Ian, but there are some single family uh homes uh to the north. And we also have single family um further to the uh Bayside of Eststerero Boulevard. Along Eststerero Boulevard, you have um longstanding commercial uses that serve the area, some of which have been redevelopment been redevelopment redeveloped. And then you also have uh the building we're in today that's emerging as kind of a civic node of this portion of the city. And then as we move to our south, we have a mix of of multifamily residential uses. And it really starts and continues for over a mile as you move um south off of Asterero Island is where you have, as Mark showed you, just building after building of mid and high-rise uh multifamily uh resort uses. In terms of multimotal infrastructure, we're going to talk through how we're looking to vastly improve this as part of the redevelopment of the site, but uh the town has done a good job in concert with Lee County in terms of really increasing the multimodal infrastructure

over the years. There are transit stops in close proximity to the property uh both northbound and southbound with pulloffs. We are looking to relocate uh the southbound as part of our project to facilitate uh better access to that. You have your multi-use pathways on either side of Astero Boulevard uh providing uh bike and pedestrian accessibility uh throughout uh the area. You also have um an existing beach access that uh formerly biseected between uh Gulf side what is today Gulf Side 12 and uh the outrigger property. um not very well marked um not uh enhanced to a great deal. I believe it was a crush shell um type condition and so certainly looking to significantly enhance that as part of the project. There's also bike lanes as noted um within the boulevard right ofway. All right, so getting a little bit into the South Island lane use pattern. This is quite critical to our case. Um before you again sight specific uh mixeduse uh development districts need to take into account the surrounding land use pattern the built form of development in the area. Would this project be appropriate anywhere on a stero island? Certainly that would not be my testimony. However, when you look at this transition to similar high-rise resort type uses in the area is where this project um certainly makes sense from a um density, intensity, and height standpoint. Uh this concept was captured very well in the previous comprehensive plan. This is an excerpt from the the original uh plan the town adopted. It's been since removed, but it even went as far as characterizing this area um south of the

quiet center as an area where there is taller buildings um resort multif family exceeding um the established densities of the town. This is just another depiction of the heights in the area um and how they uh very quickly um range in height from on our south end to up 12 13 14 stories in height. Point of as was noted at 158 feet in height is less than half a mile uh south of our property. So the character the built form of this portion of the island is certainly not uh low density intensity and uh lowrise buildings by any means. touching on the historic zoning approval. This was approved by Lee County prior to incorporation dating back to 1995. You all know from um being on the island that the outrigger far predates that zoning approval. Um the resort I believe opened in the late60s. um opened with 140 rooms and the the beloved tiki bar. Uh over time as they were looking to make expansions, alterations and modify that vested development approval, they were required to go back through um the plan development zoning process in Lee County. So what um runs on the property today and vested through that approval is 144 hotel motel rooms. Um if if you can find a legible version of the MCP, um you can see that's a a mix of hotel rooms as well as efficiency units. Um there's also 10,000 square feet of commercial uses including the bar cocktail lounge you've talked about, consumption on premise that was um in no way limited by that zoning approval. So that coop or consumption I promise not to use acronyms um extended uh the entirety of the beach area when you review the uh zoning resolution as well as the binding master concept plan and

associated uh liquor license and permits um that London Bay was provided by the previous owner. So there was significant significant commercial use of the property seawword of the CCCL um as well as commercial non-residential uses and there was also a parking deviation allowing approximately 30% reduction in required parking um chiefly for the commercial uses on the site which um we have brought forward in our um zoning. Uh this was memorialized in the comprehensive plan noting that the site itself and the developed portion um was well over the adopted density of the future land use map at a 37 units per acre when you take the 144 units across the site. Uh again finding a legible version of the MCP can be challenging. We were able to actually get the physical copy of this um from Lee County. Uh the outrigger was a mix of four uh three to four story buildings, surface parking um with uh encroachments into the the beach area through the the tiki bar. I don't believe I'm able to point on the screen because it's a TV, but um on the bottom of the screen um to the left hand side, you can see uh the recreational activity structure that long existed there. So, several structures um within that beach area. This is a copy of the uh COP or consumption on premise permit from Lee County as well as the state um with the entire site uh plan attached to it indicating the limits of domain um associated with the alcohol consumption. So much more permissive than what we are seeking through our um application package is my the point I'm making here.

Um, we also had a letter issued by the owner uh previous to London Bay indicating their um longtime service of the beach area um for um alcohol consumption as out of that that tiki bar area. So further uh documenting uh past use of the property and the intensity of the beach area. This is a survey. the the highlighted structures are uh in the center of the drawing. Uh the the structure is the tiki bar um where the alcohol service occurred. The red line is uh roughly the CCCL and then the um bottom highlighted structure that's uh blown up in that circular inset. That is the recreation building um where there would be uh beachfront activities and rentals and things of that nature. And so um total uh area of encroachment there um exceeded uh 800 square feet uh when combined with with the tiki structure. And so we have 725 total of the outrigger bar. Only 150 of that actually uh encroached into the EC or beach area seawward of the CCCL. And then the activity building was about 805 square ft based on the best available survey data. So combined that's 955 square feet of total encroachment per the previous permits and approvals um and developed conditions of the site. I can't think of that.

All right. So, moving into the specifics of the request. This is a smallcale map and text amendment. We are proposing a newly created mixeduse district applicable to the subject property only. This is not a new category that could be applied to other properties. Certainly um it would be tied to the legal description outlined in the text amendment and to our site exclusively. It establishes the maximum densities intensities. I noted the safeguard, the belt and suspenders if you will of memorializing these things in the comprehensive plan as well as the zoning. Um, so all of those parameters that I've noted before are included in our proposed text amendment. That is again 150 hotel uh hotel condo units, 46 exclusive multif family, 20,000 ft of publicly accessible uh commercial uses and 26,000 ft of private beach club uses. We've noted the height limitation and we've also made reference to the public benefits directly into the comprehensive plan text amendment. Those are further enumerated chiefly in condition seven of the CPD uh conditions um that staff attached to the staff report. We are more than happy to expand upon what is in the comprehensive plan text if it is the pleasure of the LPA to further detail those. But we certainly enumerated the different public benefits wrapped into um the proposed mixeduse district um within our comp plan text. This would be um tied to a companion map change uh where the outrigger district would be um memorialized on your future land use map. I'm just showing that in a kind of a white color. And this is a triedand-true framework for allowing for redevelopment within

the town. This is not a new mechanism. Um we didn't uh create this as a mechanism. It's it's actually we're standing in the arts and theater mixeduse district. Um that this district before that the town located their building was intended to help provide some entertainment and different commercial activities to this portion of the town. it's now being anchored by a civic use. So, some of that uh commercial availability is um not being realized in this specific district that could be uh provided for through the outrigger district. I'll note that. But you have several other um mixeduse district. All of them have varying densities and intensities. So, there's not a a static F attached to these. They're sight specific based upon the context of where they sit on the island. Um there's also u most of these districts I believe all of them actually um don't limit the height in the comp plan text. So they do limit F there's density limitations but the actual height limitations it defers to the land development code or other documentation. And so we again went a step further to solidify the maximum height within this district. The next uh and I've noted the art and theaters district as as evidence of the framework just immediately um across the street from where we are or we're standing in it rather across the street from the site. This is um an excerpt of your new comprehensive plan um related to the mixeduse development district. And I just want to note some some key items. Each mixeduse district is prescribed a maximum density intensity. So it's very clear that the intent of the district was to uh look at each site individually and and deem what is appropriate based on infrastructure development pattern um size and scope of the project.

I want to move into the CPD which again is very repetitive and duplicative of our uh comprehensive plan text amendment but um this will enable me to walk you through the master concept plan. Mark showed you the different uh use areas the public amenities um and so uh you do have the benefit of a binding master concept plan here to u make all these requirements. I'm going to speak from the illustrative version. I think that might be a little bit more user friendly um for folks in the audience. And this is just a plan view of of the project. Um in terms of access, there's going to be segregated access for the condominium building. That would be the northernmost access point or the top of the screen. That's where residents of the condominium will enter the site. This helps alleviate congestion of one access point where you've got residents coming um transient day guests coming hotel overnight guests coming all at the same place. We've we've tried to separate those very logically um to provide um clear uh access to the different use areas of the site. So the northernmost will be the uh ingress egress to the condominium building. You can see the drive aisle leading uh back to the rear building. Um as you move south, you will be able to um have your uh valet and main hotel entrance to get to the the lobby area. The hotel exit will actually um be further north of there to allow for that looping of circulation. And then we have additional um emergency vehicle access um through that uh southernmost access point to the beach park. That would only be for emergency vehicles that would be um solely a pedestrian access at the south end of the site. And there'll also

be a service area um ingress egress point just immediately north of the um beach access. So again, separating those access points, obviously supplemented through signage to make sure people can get in and out of the project and to avoid congestion associated with the sole point of access. Walking you through building heights. Um I'm going to start at at the top right hand side with the building closest to Astero Boulevard, which is on on the right hand side of the screen. That is a a one-story building over two two floors of parking in the podium. So as this was a significant part of our redesign was to bring the height way down on a sterile boulevard and break up those heights and massing of the buildings. Uh so that will be um a a hotel service type building for service activities and again um a total of three stories uh one over parking. To the rear of that will be our tallest building that will be uh the 15story building which is 13 over two stories of parking. and that will be predominantly where uh multif family uses will occur. That's where the 46 um units will be located. The ground floors of that will be also used as uh private beach club uses which would be again open to others outside the project. As you move south, uh the the next building closest to that one-story hotel service, really in the center of the site, centered along our frontage, will be the main hotel arrival lobby area, and that will be um seven stories over two stories of parking. As you move south, then you get into areas for hotel uses. And this is where we're really activating those commercial commercial um and publicly accessible commercial areas. the different restaurants, the bars will be either um within the ground floor of the hotel or up on the rooftop areas um to again provide substantial um

community benefits that are oversized uh for the number of units in this in this project. So certainly with um room to accommodate the public and those building heights will range from 11 to 12 stories. You'll notice in the center of the drawing there is a green area with some palm trees around it. that will be an event lawn space. That was another change we made. Again, helped us break up uh the buildings a little bit more and create different use areas. And this can also be a really nice public benefit where there could be outdoor weddings, um events um within the project. As you move towards the beach area, you can see a number of different pools. The northernmost pool at the top of the screen would be for the the private beach club and then the lower pools would be uh for guests at the hotel. Uh Mark showed you some really nice depictions of the linear park um a minimum of 30 ft wide. We've actually provided um a draft easement document that was asked for by your staff um showing that we will have that area reserved for public access. It enumerates the public amenities that are allowed in that area. Seating, landscaping, trash recepticles, artwork, things of that nature, storm water management. So, all those areas. And it also prescribes maintenance, construction costs, all uh by London Bay um in perpetuity. So, not um putting this back on the town um and having them maintain it long term, but have that be um a requirement of the developer. as you make your way down the linear. Well, one thing I want to note before I move on from that, at the south uh east corner of the building, right when you're entering into the linear park, that's where we're going to have 72 spaces reserved for bicycle and golf cart parking, a mix of parking spaces. And those are, as was said early in our

presentation, really oriented for those residents of Fort Myers Beach. They don't want to go to the hotel. They don't want to go to the lobby bar. They just want a beautiful uh beach access to get get down on the sand. So, this is where they'll be able to not mess with parking in a garage or valet, but drop off their cart, drop off their bike, and be able to walk down a a well landscaped linear park to our beach facilities. As you get towards the beach, um this is where public restrooms will be provided and then repurposing what was the wreck building. um certainly it's no longer existing, but uh repurposing what was a structure in that location for the tiki bar. Um again, fully publicly accessible. I'm going to move over to landscape offers now. So, we are proposing um enhancements to landscaping chiefly along the sterile boulevard. Um so, you already have great infrastructure. We kind of walk through there's bike paths. There's really nice multi-use 8 and 10 foot wide paths along the roadway. It's not very well vegetated and it's very hot in Florida as we all know, especially during the summer months. So, what we're proposing um the code does not require a buffer along the frontage. Um, we certainly understood that would not be acceptable to the town, but we are proposing um to install a type D right-of-way buffer with a mix of canopy trees and understory trees as well as shrubs along uh the roadway to uh meet the visuals that Mark had um uh presented to you earlier and also just really invite the pedestrian to to to the property, make a comfortable environment for them to be able to um uh arrive by foot or bicycle. So, we're doing again an enhanced 15 foot wide type D along Astero Boulevard.

Our northern buffer is a modified type C buffer. Um, so we're modifying that in terms of not uh we're omitting the wall or requesting a deviation to omit the wall in that location. We are increasing the number of trees in this area. So, we're doing a again a mix of canopy trees as well as understory trees that helps create a greater level of opacity. Um, where trees are most effective is where their greenery is blocking the view. So, if you have your tall trees and then you have shorter trees that don't grow quite as big as the tall trees, you're creating a continuous screen much more significant than if you did palm trees or just a row of canopy trees. are actually filling in a lot of that space to soften the building and then obviously block views. The reasoning and rationale for not providing the wall along this property line is the garage podium will in effect serve as a wall. We're proposing that um 20 foot off the property line in accordance with the CR zoning district requirements and we'd basically be walling a wall. And so our proposal is to put in more plantings um higher density of plantings, different stories of plantings to to screen the building and create um a nice visual appeal for our abuing uh property owner. Similarly, um along our south side, we are proposing a modified type C that is actually wider than a typical type C buffer because we have the the entirety of the linear park to work with. But that would be a 30 foot wide type C buffer with um again 18 shrubs uh per 100 linear foot and then a mix of canopy and understory trees. Mark has shown you um these visuals and this is the built effect of the proposal. This is um what the

development parameters, the setbacks, the buffering um proposed undulating building heights will result in um as you're passing down a boulevard. So you can see in the foreground our singlestory building or one over two floors of parking. You can see the uh pedestrian scale of the hotel and the um mixed building heights along Astera Boulevard. And then the highest structure um in the rear of the drawing is our our condominium building and that is upwards of 250 foot setback uh from the Astero Boulevard rightway. So putting the tallest building as far away from the roadway as possible and trying to um really uh create a pedestrian scale along Astero Boulevard. And this is a view um from the beach in relation to our surrounding uh properties with the setbacks. Um the linear park as you can see on the right hand side of the screen. Um view corridors through the center of the site um created by our ground level amenities event space. um slight delay. We are seeking um 12 deviations from the land development code. The bulk of those are from commercial building design standards. We do have our architecture team who have worked diligently on designing and redesigning and then redesigning again um the buildings and the and the site plan. So they are they can speak to those. Um that is deviations 7 through 12. We are seeking uh a parking reduction. Uh I noted that the previous or current CPD approval awarded by Lee County is a 30% reduction. We're requesting a 38% reduction. Ted Tree is here from TR Transportation. He prepared a parking me memorandum. Um so he and

he'll be speaking shortly after me and can walk you through uh the methodology of arriving at the proposed um number of parking spaces and that's further offset by the 72 golf cart bicycle parking spaces. That's further offset by uh airport shuttle, the do not run a car program, uh ride sharing and the um fishtail marina uh shuttle to get people from boats and shuttled to the site as well as um there is a condition to have just golf cart shuttling within about a 2-m radius I believe of the property. So um doing all we can to have people not arrive by car and make it a really pleasant place to drive through multimodal avenues. We are seeking a floor area ratio uh deviation. Uh we are uh seeking an alternative um definition of how that is um defined. your code is is fairly restrictive in terms of how F is defined and we are seeking um a deviation to allow for what I'll call dead space or areas such as parking um mechanical equipment type areas to to be deducted from our calculation. I would submit to you that uh we may be your most challenging project uh when it comes to F. Um there's a couple reasons for that. uh this property and this project is truly vertically integrated mixed use. Your definitions of F um speak to non-residential. We have non-residential and residential mixed in virtually every building on this property. So trying to divvy up what is contributing, what is not um has been challenging. So we counted everything. We counted all of our residential, all of the non-residential, all of the amenity. It's all thrown into that 3.0 0 number you're seeing. So, we did want to give you I'll I'll call it a worst case

scenario, but the vertically integrated nature of every single building on this property makes it very very challenging um to calculate in in a way that's standardized. Um and so there has to be some um discretion in that regard. The other um key area that we're relatively different from the other projects you've seen is our just expansive property that it does not contribute to this calculation. We are nine acres in size. Our building area is 3.55 acres. So we have 60% of our site about five and a half acres. That's totally removed from this calculation. Uh so um that makes us quite different than areas with smaller smaller properties, smaller beachfronts um that um don't get to contribute to that. Thirdly, I'll note is there's a bit of a circular um situation with the fact that our key or one of our key public benefits that we're proposing through the application is F. So, one of the the many list of benefits we're providing is publicly accessible commercial restaurants, bars, entertainment, beach activities. That is what we're bringing as as part of the required contribution to the public realm. that is F, that is square footage, that is building area. And so we're we're being taxed on one hand uh by looking aggressive with the F by providing what is what we've heard is a meaningful public benefit. So we'd ask you to take that into account. I'm sure we'll dig into that when we get to the the Q&A, but I think

Rich, I'm being so careful right now not to say anything because I have about a gazillion pro questions, but I'm gonna keep I'm gonna keep being quiet. Go ahead. Go ahead.

Um, all right. We are um also requesting a deviation from this CR commercial resort setback standard. Um, in your code when you're a plan development, you don't just get to create your own standards. You have to abide by the closest zoning district to your proposal and then seek deviations. So, we do need a deviation from our setback uh on our north side. that is for upper floor balcony uh balcony structures where our principal structure is meeting the setback. It is just third through um 15 floor balconies that would encroach into that setback area. So it's not a ground level encroachment or the principal structure that's encroaching. And then I've noted um the modifications to this type C buffer requirements, elimination of the walls in exchange for uh a greater quantity of landscaping. And I'm going to wrap up and turn it over to someone else to talk for a while. But um just closing out um again I' I've referenced we we have a list of public benefits that we've worked diligently on um through the community outreach process meeting with staff uh meeting with you all to arrive at a diverse list of benefits. It's not one thing. It's not just the publicly accessible commercial. its resiliency with the wave dissipation wall which or structure which we're really excited to walk you through in detail because I think there's a lot of kind of misinformation or a misunderstanding on that but but creating a resilient project for the benefit not only of this property but neighboring properties uh a public beach access um with significant landscaping a significant sense of place um fully at the cost of uh the developer maintained in perpetuity by the developer beachfront public restrooms. Um, and staff was very careful with us on this. They be until we got our clo,

they were like, "Don't say you're giving us public restrooms if you don't have an indication that FEMA and the different regulating agencies are going to allow you to build those." And so, fortunately, Elizabeth Fountain does a great job and we were able to supply um that uh first step towards uh permits on that public restroom um visa v the CLR for the wave dissipation wall. uh redevelopment of the historical outrigger bar um and an activated beachfront. We've heard a lot from residents of the Bay Beach area and I think we've we've done gosh dozens of community outreach meetings at this point and um having use of this beach and uh facilities to enjoy it um has also uh been built into the program. um 20,000 square feet of publicly accessible restaurants, bars, cafes, um astero boulevard, landscaping improvements, crosswalks, and um traffic mitigation measures. All these are memorialized through conditions in the the CPD as well as text in your um uh comprehensive plan amendment. With that, I'm going to turn it over to Elizabeth to talk more about coastal resiliency. Thank you. This was not a good idea. There's

Good morning. For the record, Elizabeth Fountain. Elizabeth. Yes. Have you been um accepted as an expert in your field by the LPA? Yes, ma'am. I have. Okay.

Thank you. And for the record, um senior vice president with J.R. Evans Engineering. I am a professional licensed uh Florida professional licensed uh engineer and certified flood plane manager. So I'm here to talk about the uh coastal resil resiliency aspects of the project um primarily related to the the wave mitigation wall that we've been talking about and the results of that implementation of that um structure. So, I want to highlight that as as Mark and others have alluded to that the site is subject not only to the Florida building code and flood resistant construction criteria, it's also subject to um the Florida Department of Environmental Protection's criteria for for constructing buildings located seawward of the 1991 CCCL coastal construction control line which is p really located along Ederero Boulevard. So it anything that happens seward of that line needs to go through the review of the state and it also needs to meet those requirements of chapter 3109 in the port of building code which employs additional uh criteria for structures regarding their foundation elevation things of that nature. So what will be built on this property is going to be subject to those standards which is higher and greater than many of the other structures that exist today that were built you know in the late 70s and early 80s. So in addition to that criteria the project is proposing to do a what we call a wave dissipation structure and we've located it in the upland area. So, it's not in the active beach. It's on the landward side of any of the dune uh enhanced dune that's been implemented by the town or any of the dune vegetation.

It's it's also landward of the 1978 CCCL, which is also referred to as the setback line. The goal of this structure is to really to improve the long-term um stability of the upland properties behind it and to reduce the risk of damage caused by coastal wave during a high storm surge event. Typically it comes with a tropical storm or a um hurricane event. The benefits the benefits of this structure as I mentioned before it reduces upland erosion by dissipating the wave energy and it's you know something I want to make sure everybody understands this isn't a structure that's 6 8 10 feet tall it's a very low structure much like a like a knee wall that would be out of the ground maybe two to three feet above upgrade. It's really meant to trip up the wave energy that's coming across the shore and lower those wave heights, lower the energy and thus lowering the risk of damage to the structures located on the landward side of the wall. It stabilizes the back beach area which also results in protecting infrastructure and anything you know landward of that particular feature. It shields upland structures and roadways from wave related impacts. Um the design also incorporates elements to reduce the potential for scour and erosion. I know there's been some discussion about well what happens around the ends of the wall. We have built in specific design elements to handle that and reduce those risk. Um, and because this wall is such a lowlying wall, we've intentionally designed it to

make sure we don't get close to more adverse impacts that come with a higher wall. Because when you do a higher wall, then you start talking about have to deal with wave runup where waves can actually grow on top of the wall and get higher and and create hazards on the landward side. That's not what we're talking about today. This is a very low wall. In terms of if we get a high surge event, it it will likely be over topped, but it creates an interference with the wave with a column of water sitting on top of the wall that it causes that wave to trip up and reduce the energy. We thought it would be good to show you some real world examples. This is on Hickory Island at the north part of the island adjacent to the Bonita Beach Club condominium property. Um they've recently finished completion of a wave mitigation wall structure and this is actually a extension of a buried retaining wall that was already on the site. We added a structural cap to it to increase the height and the board, the condominium board's goal was to increase the resiliency of the property to coastal wave impacts. So that that's the primary purpose of this wall. And you can see that it it um it's not an obtrusive structure. It's pretty pretty low wall. These are recent photos from from last week. So, they've the wall's been completed. They they've completed the the sand in front of the wall to help further stabilize the beach. And there's they should be doing the plantings this week and through the end of April. This is a good um perspective because you can there's actually a few people standing on the sand and you can see

that the top of the wall is just barely at their knees, slightly above their knees. As mentioned, um, as Alexis mentioned, we have gone through the process with FEMA through a conditional letter of map revision effort. Um, one of the benefits of this this feature is that it it can be certified as um a flood mitigation structure in the eyes of FEMA, meaning that it can effectuate flood map changes and actually change how properties are designated on FEMA's flood maps and what flood risk category they're located in. So for the outrigger piece, we were able to demonstrate to FEMA that through implementation of this structure, we could take the property from a zone VE to an AE, which um reduces the risk for that property. Um and it's all based on a 100-year storm, which is a 1% annual chance storm. Uh for the record, Hurricane Ian was probably slightly it was probably a higher storm event. I I think some areas um were close to 100year, but in most cases the surge levels were higher than FEMA's predicted 100-year elevations. Uh but being in a zone AE opens up flexibility for um what types of structures and uses can occur on that property. Um, and so that really affects how you're able to provide such things as like a a public restroom structure on the property. If it's in a VE zone, it has to be completely elevated above the required elevation. So, you're talking about lots of infrastructure to try to lift those restrooms up above that elevation. Um, being in that AE

zone, you're able to put those restrooms on a more accessible, closer to the ground level. Um, so it creates, I think, a better um as long as, and I will caveat it, as long as that that restroom facility is uh properly floodproofed, um dry floodproof, so that's considered watertight, that's what it would have to be. So, but again, you're you're able to do that when you're in a an Azone and not a VE zone. So, we were able to get the um the CLR approved through FEMA um which took a little bit of time. We had to go through a technical review through their experts. Um if you don't know, FEMA hires, they hire contractors to review the applications that are submitted for these types of projects. and the contractors are engineers just like myself. Um, so we we had good conversations and uh discussions on the project and how it was supposed to meet their requirements. Having the the mitigation structure will also provide opportunity to do some more enhancement to the existing dune area located seawward of it. Um this is a recent photo of the completed dune vegetation that the town has um just finished and this is right in front of the outrigger property. So you know one of the one of the potentials is that we could further enhance that and make it a very robust dune system that will thrive will also provide better resiliency. This this is a plan view from the town's dune uh vegetation management plan just to show the outrigger property and the specific layout of the the dune plantings.

This is a graphic that I had put together really to try to visualize what we're talking about as far as having the high energy waves come from the Gulf. you know, enter to the wide sandy beach, the existing dune that's vegetated. Then you have the wave mitigation wall which lowers the energy of those waves before it gets to the landward structures. I think it does a good job of illustrating um what we're talking about today. And I will hand it over to Mr. Trice for transportation. Still morning. So good morning. My name is Ted Trice with TR transportation. Um I have been accepted as an expert in transportation transportation planning in front of this board previously. just briefly like to go over the uh analysis that we completed as part of this application. I've been involved with this project for a number of years. We conducted the transportation analysis as part of this project. Uh the traffic analysis that we conducted, our base traffic volumes that we utilized uh that we started with were all prehurricane traffic volumes. So we started with the traffic analysis looking at the volumes on Astera Boulevard uh prehurricane Ian and looked at the buildout of the project uh at at our buildout year which was I believe uh 2029 or 2030. Uh the volumes on this section of Aura Boulevard are lower than on the north end as you are aware. So we have sufficient capacity on a boulevard uh in front of this project. uh the level service issues on stero boulevard are experienced further north closer to

the town square. So there is sufficient capacity and available level service on this section of stero boulevard to accommodate uh this project. Again uh the traffic volumes that we started with were prehurricanean volumes. The other thing that we did as part of this application was uh as Alexis said is we looked at the parking uh utilizing some data from uh the IT uh parking generation uh the urban land institute. uh they they uh did a study in conjunction with IT uh several years ago studying mixeduse projects and and how those projects park in terms of when you have multiple uses on a property uh where you have patrons that will visit and use multiple uses on the property uh rather than have uh parking generated for each use independently. And so based on the uses and the and the available amenities that we're going to have on this property and the reductions that we've applied, uh we're showing that we are going to be able to provide sufficient parking on this property. And as Mark and Alexis went over, all the uh amenities that are going to be provided and everything that is going to be provided on site uh with the reductions that are being applied with the additional uh golf part, golf cart parking and bicycle parking uh the additional services that are provided uh the recent improvements along the boulevard that Lee County has provided with the multimodal uh amenities that are provided uh the shuttles that are going to be provided from the adjacent marine arenas. Um the facil or the facility options that they're going to provide on the site in terms of the airport shuttles, uh the options where they uh promote the do not rent a car options uh for the guests that are staying on property. All those options

play into impacts of reducing the parking uh demand on the project. So all those went into account in our analysis showing that the parking spaces that are being provided and again as Mark indicated uh was increased from 300 spaces to 340 spaces uh would be sufficient uh for this project. So that concludes the comments I have and I'd be more than happy at the end of our presentation to address any questions that you have. Thank you. Thank you sir. Hi. Good morning, Brandon.

Brandon Fry, for the record, um, I've presented before you a number of times, but, uh, would ask that you qualify me as an expert. I'm a professional engineer. I've been practicing for a dozen years or so now, um, in the state of Florida. So, storm water management and utilities for the outrigger project. Um the storm well both systems are relatively standard but the storm water management system will be engineered. Can you lift your mic up just a little bit? Sorry. Thank you.

They make me a little taller but uh uh the storm water management system is engineered and it'll be reviewed and approved by the South Florida Water Management District to um comply with with regional and state water quality standards. Um it'll be handled via underground malt system. So all the runoff um within the site will go into drains and then those drains will go into vaults underneath the buildings where the water has a chance to attenuate, settle out um solids, nitrogen, phosphorus, trash, other nutrients that there may be before discharging to um the town storm water management system along the boulevard.

That's a picture that's an example of what it might look like. So, it doesn't um on a site like this, it doesn't exhibit itself as a dried detention area or a lake that you might see on on other properties. It it's all beneath the facility. Um utilities. I know that there was a concern somewhere in here, but about utility capacity. Uh we did receive letters of availability from both the town of Fort Myers Beach utilities who provides portable water service and Lee County Utilities who will provide sewer service to the site. Um there are existing water manes and forest manses along Eststerero Boulevard uh that we'll connect into to provide those water and sewer services. So uh no issues that that I see from that perspective.

Happy to answer any questions after we finish the presentation. Thank you Brandon.

Yes ma'am. Again, Alexis Crespbow, for the record, I'm going to close us out on uh comprehensive plan and land development code consistency and then um Rich will conclude, but we are almost done our presentation. So, um in terms of comprehensive plan consistency, we've included narratives in your uh backup materials. Um we are seeking the mixeduse district which is again a a a framework within your uh comprehensive plan. This is allows for sight specific density intensities where um land uses are sensitive to surrounding um residential areas and where there's contribution to the public realm or public benefits. Um, this land use category encourages vertically integrated mixed use, meaning a building with both commercial and residential uses um, together. And we've certainly done that um, through the, uh, proposed application and through the proposed site design, the varying in massing, varying in heights, um, the the buffer placement along the perimeters, enhanced um, landscaping in those areas. um addressing the compatibility component along with the pedestrian scale. We will get into it within with our applications relating to the special exception variance, but there are safeguards in the land development code, hours of operation limitations in our conditions um to ensure that after hours music noise or in compliance with the land development code and not exceeding those 9:00 p.m. time frames on the beach areas. You have not adopted yet a public benefits ordinance. It is a policy within the new um comprehensive plan. We believe we're implementing the intent of that through our proposed text amendment as well as the implementing um CPD

zoning district where we are again providing a diverse list and menu of public benefits ranging from publicly accessible commercial uses um uh different uh transportation mitigation techniques uh landscaping uh pedestrian scale uh public beach access to um incorporate the intent of that into the the project. In terms of commercial locations, there's guidance in your comprehensive plan about where commercial um uses should go. Um they should be oriented towards a Sarah Boulevard and they should be designed in a manner to coexist well with the residential character within the beach which uh through the proposed binding concept plan and conditions um uh we submit. We have met our density calculation uh complies with your transient density calcs that uh is currently in the land development code. This is something the town is looking to phase out, but we have applied the different square footage calculations to our proposed density uh uh for the 196 units. We are consistent with the policies relating to improved and enhanced beach access. Certainly through the relocation of the beach access easement um and the substantial um increase to landscaping um and improvements within that beach access area um along with golf cart and bicycle parking adjacent to it. We think we've more than met our burden in terms of of meeting the policies related to improving beach access for the residents of Fort Myers Beach as well as future residents and patrons of the project. The redesign project addresses view corridors in terms of our tiered building heights um with the center of the site being relatively low in height um as well as um breaking up the massing of the buildings um to allow for uh view sheds uh from the adjacent public roadway. In terms of dune walkover structures, there is a prohibition in the believe

it's the special exception um conditions where we are prohibited from a dune walkover. We are in agreement with staff on that condition. As Elizabeth uh testified, uh there is a breaks in the dune plantings to accommodate access to our beach without having um the more obtrusive structures incorporated into the design. Um, as also as um put on the record by um Elizabeth, there's significant uh private development resiliency measures incorporated into uh the project visa v the wave dissipation uh structure that we're proposing. Um certainly in line with a lot of the new policies you've worked into your comprehensive plan related to resiliency and as Brandon testified um as well as Ted, there's infrastructure policies throughout your comprehensive plan. We will connect to water and sewer. We have letters of availability for those services. We provided the requisite traffic study um and are also mitigating u traffic through the proposed conditions. In terms of uh land development code reszone um consistency, we are going to have to reopen this uh hearing for the zoning when we get there. Um u we are in compliance with the land development code in terms of those criteria um that were consistent with your goals, objectives and policies within the updated and recently updated comprehensive plan. We will exceed the performance standards and location criteria within the uh plan based upon our location in the uh high-rise resort context zone, the southern end of the island that has traditionally been underserved, our adjacency to boulevard and the really kind of dynamic mix of uses around this site. There are urban services available to serve the project as we have provided for in our application materials. the resoning will protect and conserve the beach area. It's actually pulling back the CPD zoning district um just to the

lands land word of the CCCL and then um we are overall reducing the footprint of structures within the EC from what was historically developed on the site um through the previous outrigger resort. In terms of compatibility with existing and planned uses, again, we've redesigned the site, uh maintained uh varying building heights across the site, um have paid attention to the buffering treatments through our landscape plan along the north and south property lines um to ensure uh mitigation of impacts of uh the proposed project. Will not place an undue burden on existing uh transportation facilities. Again, we have submitted a traffic study into the record um noting that the um roadways can um has capacity for the project and also will be mitigated through the numerous conditions related to ride sharing, shuttle services, etc. The proposed mixed abuses is appropriate at the subject uh location based upon the surrounding land use pattern, the transition to the high-rise resort district on the south end of the island, and there are sufficient safeguards in place uh through the uh proposed conditions attached to the CPD staff report as well as your special exceptions um to ensure that all of these parameters being proposed are are fully met through through the different approvals. With that, I'll turn it over to Rich to conclude.

Thank you.

First, I I've got to acknowledge that your stamina is incredible. Any any other jurisdiction I work in, we've already had a couple of bathroom breaks. There you go. So, that's Remind me to tell you an expression my father had that you you'll really love. I'm I'm not going to share it because it has a swear word in it, but you're really going to like it. We all know it.

Um, there we go. I'm going to be really brief because we gave you a very detailed presentation. Uh, when we get to the comp plan discussion, I'm sorry, when we get to the PL CPD discussion, we're in agreement with all the staff's conditions that they have in that ordinance. I think that's important for your consideration for the comprehensive plan knowing at the end of the day what are you going to get if you do recommend approval of this proposed comprehensive plan amendment as well as the map change. I think there's no question that London Bay is quality. You will get a quality development on Fort Myers Beach that frankly I think is going to spur future investment on on the island and in the town. Uh the the project as Lexus has testified to and Mark has testified to is consistent with uh other projects in close vicinity uh with regard to height and intensity. Uh I think the benefits to the public are significant. They're meaningful and will uh improve the lifestyle of the southern portion of the island. uh we detailed the goods and services that will be provided as part of this project uh which again I think is going to uh provide uh the residents with uh needed amenities for for themselves to enjoy uh living on the island. Elizabeth did a really good job of explaining to me through this process and hopefully to you all how the wave dissipation wall works because I had envisioned initially a 10-ft wall uh that would be obtrusive and and and and scary. But as you can see what we're proposing actually is minimal but very beneficial to uh providing uh wave dissipation not only for our project but for our neighbors. Um, you know, Mark has gone over the significant positive economic impact and that is one of the factors that you can

consider when amending the comprehensive plan and we believe that our proposed amendment is consistent with your comprehensive plan and your comprehensive plan specifically allows for a process to amend itself and we're going through that process. Uh we believe the data and analysis that we provided uh supports what we're requesting as a change to the comprehensive plan by creating our subdist as well as the map change. And that concludes our presentation for just this the uh two compliment amendments and the CPD. uh we'll take your questions and uh address how you want to do your votes and take that into consideration as we go forward over the remainder of our petitions.

Thank you. Thank you very much. Um LPA members, I'm just going to ask you, do you uh we had planned to take a break at noon. Um would you how would you like to proceed at this point? Would you like to take a break right now, then come back with questions? Uh Amy, are you shaking your head? No. Thank you. Oh, Elizabeth is not back yet. Okay. Okay. Um, anybody have any input on Well, we'll wait. We're going to wait a bit longer. Um, okay. Uh, Jason, are you going to say something now or would you like us to begin with questions? No, I'll say. Okay. Thank you.

Yeah. Um, hi Jason Green, Community Development. Yeah, I'll say just a few remarks. um much shorter in my remarks, but just more food for thought as we go through this process. Um some of the challenges with it's a complex application. You got a lot of moving parts. So, um I'm going to speak mostly on the comprehensive plan uh element or the text amendment that we're talking about, but and I think I've said this to a couple people in the last few weeks, it doesn't mean we can't use the other applications to inform ourselves going forward. Right? So, I just heard at the end of the presentation a comment of uh they're in agreement with the conditions in the in the CPD that staff has presented. We didn't present those as coming from us necessarily. Those are edits and back and forth between an applicant and ourselves and making recommendations. Um I would suggest when we get to there, there could be a whole host of other conditions that should be applied and thought of depending on the comprehensive plan and depending on the the the elements that get finished here. Um, I had an old colleague that used to say, "We don't zone land. We don't zone ugly, we don't zone pretty kind of conversations." Um, and I say that because there's a lot of presentation that you just saw that is not memorialized and codified in any of the documents that are in front of you. Uh, there's nothing in here assuring that quality component other than the people standing before you and saying that. So, I just want you to think about those things when you're thinking about policy and when you're thinking about the other components of all of these applications such as the CPD conditions and those sort of things. uh timing and phasing. Um I'll I'll stick with the comprehensive plan policy. Uh there's a height limitation here that they've presented as 195 feet. Uh I don't know how that compares to the ones that were given you as an example, but that 195 ft is above the D flood elevation. So our estimate is that's really around 210 212 ft above somewhere. So

20 ft, right? It also is written as a policy that applies to the site. In the policy, there is no limitation across the site on that height. the CPD may address that through the site development plan. Yeah.

But there is not a limitation on the height of one building or other buildings in the policy. Um so those are just a couple things that I would like you to think about as you go through. The other part to that is from a density and a um multiplier and a of hotel rooms and ratios and all these other things that you heard. This is a unique development. And so as staff, we tried to step away from the way the current code and and comp plan tried to address this multiplier thing because that's that's evolving as our plan has has been adopted. The new plan has been adopted. I would suggest you just look at the raw numbers that they've provided in the policy. It was 150 hotel condominiums and then 46 multifamily units. Again, the the guardrails is which the comprehensive plan policy is supposed to set. Uh there is no guardrails on the 150, that ratio of hotel versus what they're calling condominium. Uh there's also language in here that talks about time share and uh vacation clubs and those sort of things, fractional ownership. Those are all uses that are being introduced as the policy, but don't have any specifics as far as that ratio of the 150 in the policy. Again, the CPD further down may kind of address some of that, but there's always concerns once you once you approve you and the council will approve the language and the policy. You know, there's always a fear, do they draw a CPD and then come back with a revision, right? You you got to make sure that if you're going to have specific policy related to a site, let's work on the specifics and ratios that you really want to see that then bleed down to the CPD. Does that make sense?

It does. Um, so that's my food for thought for there as you go through. Um, I would suggest at some point probably walking through the language or at least your concept of that ratio or mix or density, intensities, all that. Um, and then we can help help you with those those discussions. So, I'll leave it at that. If you have any questions for us, be happy to answer. Okay. Um, anyone have We really need to decide. I need your decision on take a break right now or keep going through the uh through the comp plan amendment. Jim, what do you think? Break.

Break. Everybody, any break? Let's break. Let's break. Lette's back. We're going to break for a half an hour in that little conference room. Uh, and everyone is invited to There's water, there are sandwiches, there's cookies, there's napkins, there's plates. Enjoy. Madam Chair, could you please announce the time? It It is 11:49 and we will return at 12 12:30. Thank you.

I um uh thank you very much for the indulgence of the break. I hope you enjoyed your break. We're back here. It is 12:30 and we're going to continue um with this hearing. And what we're going to do is kind of now that we've had this very global and detailed view from uh the folks at London Bay, we're going to go back to the beginning and um there'll be a lot of questions, a lot of discussion, a lot of opportunity for the public. The fir back to our first item which is discussing the comprehensive plan amendment. And first I wanted to ask you Jason, do you have any any sort of overview comments that you want to make before we go further into this? And since we're going to be specifically talking about the comprehensive plan amendment, um Rich, I'll also let you specifically talk about that if you care to. Okay,

Jason. Jason Green and the public. Yes.

Uh not really. But I think it's just I before we broke took a break, I think I mentioned a couple of those comments of food for thought, thinking about now that you've heard the presentation and the theme and what they want to accomplish through the CPD and construction documents and all that. Um, do you have enough information in the in the policy uh to feel that you can judge whether that's being carried out or not? Um, and then the other thing I wanted to mention that I forgot to mention before was through comp plan policy, you you assign general uses. This one's a little bit more specific. Um, and it's got a mixture of different things that we talked about like time share and condos and and all that. I want to be sure that everybody understands that even if it gets adopted as policy something a use and I'll use the tiki power just as an example because it's a it's a glowing thing sitting out there that is not within as as applied for. It's not within the boundary of of this amendment, but I just want to use that as an example. If something gets adopted or approved into policy, but later on they can't get a permit for it, they can't get meet FEMA regulations, they can't meet town flood regulations or zoning codes or other things, it doesn't guarantee them that use too, right? I just want to make sure for the record that the public understands that this is not a variance or blank slate.

It's a special exception or anything to those other uses. They still have other steps and other things that they would have to go through. Um, not that that's they may be able to get it, they may not, but it's again guardrails and general parameters um with some specifics uh to what is being allowed on that three and a half acres. So, but that's not unique. No, no, this is this is unique in that it's a sight specific. Understood. Sure. So, normally I would say be careful of specific language in a category that you're creating or you're amending that's part of your overall plan that could be used in multiple places. Uh you don't we don't like as planners we don't like to encourage land development code level language in comp plans

for example the height spec very very detailed specifics about the structure you know necessarily or types of balconies or you know design criteria those sort of things but I think with this being sight specific um and all of these components have to match up I I would say that's acceptable to have some level of detail within that um I wouldn't use the same argument that I use as general category when it's a site specific for this project category. Um how much detail that's that's up to you guys. Um but again the height the again when we talk about height are we talking about height from grade height from uh from sea level or are we talking about height from DP's flood elevation level? Right. Those are things that I think

are we talking about one building or are we talking about sitewide? Correct. Correct. And I and I mentioned the the height and the stories uh to you before the break. There's a limit in here, but it's not specific to one building or the building on the west side or or what have you. So, if you want to get into that detail, you can. Again, the CPD, the whole goal of this is to get the parameters adopted as part of the comp plan and then your CPD is the implementation of that. It's the zoning that's implementing it with with pictures. Um, so I'll leave it at that, I guess. Okay. Um, anybody have questions for Jason before we'll let Rich touch on this at all?

Don, anything? Just one question with respect to the um what was allowed prior that there so we had four stories above including the ground floor before I I believe so. Yes, I think it was um I think the applicant mentioned that in their presentation that there was I think it was four stories 144 hotel rooms. Yeah. But we didn't have a height there's no height the height require I'm asking what the general height requirement is on the on the island for four floors or three floors above parking. So is there a maximum No, I mean that's that's based that's usually implemented through zoning. So you've generally looked at three stories 30 feet above base flood is kind of a guardrail 52 55

just like most of your typical categories on the island right now have a 1.5 F except for the pedestrian right those are kind of parameters that you've established in that 2045 plan u but zoning is usually where you implement that and that's where through CPDs you can deviate from that somewhat or establish a new height. Sure. Okay. My early point was when you say 195 ft, let's be clear if we're talking from grade, from sea level, from right the 20 foot elevation that D is going to require, which is from sea level, right? All of those things, there's nuances to that. Yeah. And my question was more around if you do 195 divided by 13, that's 15 ft roughly. So you're that I was just trying to get a reference for what we're we're looking at on

Yeah. You typically don't see stories at 15 feet across an entire structure. um you see 10 to 12 is is pretty typical. Yeah. But again, you might have a down a main floor that's 16 ft and then depending on your design, but um Right. Yeah. And then there's appurtances and stuff that are on the roof and I think this one it calls out to the mid midpoint of the roof.

Right. And I think I heard 21 ft or so. I heard 21 feet earlier in the presentation I think on the first level. I I would say the biggest discussion we get into probably on a regular basis is not just the stories but what can go on above the stories that doesn't count as a story but maybe below the height uh outdoor pools and and reception areas and and um places to host weddings or or what have you right that's been a so those are things and decks and all that kind of stuff so I think some specificity in that and understanding what you're creating these guardrails for what your intent is would really help us down the line when we're trying to review and implement not just the um not just the CPD but also the DO part which is the DO for everybody is the development order that is the site engineering design of the site where everything's formally going to it's construction documents essentially

right thank you okay can I add um you've gotten a lot of information from uh the applicant as well as from staff but at this point we're actually looking at the text language and that's on page 25 and 26 of your agenda packet thank you Nancy Um, Dunlap, are you Yeah, just one thing, Jason, for followup comments you made before uh the break. We and certainly the public have been accustomed to looking at the the documents you create that are published. You have a list of staff recommendations on them and other criteria that are typically accompanying whether it's a recommendation or approval or denial, what happens to be. You talked about what we should be thinking about with the ones you have at the end of this section

and how they were arrived at and whose authorship they are of. Can you just touch on that again to make sure we can process it through your intent? Sure. Most of the text amendment that we're talking about for the for the category is from the applicant. Uh we've had some conversations with them about verbiage and and so it's their application to create this category. Um, so I I I would say to your point, you know, you want to get more detailed about the mixture percentage or ratios. There's lots of ways you can use as a measuring tool. Um, but we want things the rule of thumb is from planning. You want measurable and predictable. We want to be able to say this application later on we know it meets this because we can measure against something, right? So that that's why I made the reference about the 150. Uh, but this text is is the applicants. Okay. Thank you.

With with some feedback and input from staff. Um, Doug, any questions for Jason? No, ma'am. Okay. Jane, questions for Jason? Not. Not right now. Jim, questions for Jason? Ed, not right now at all. Questions for Jason? Okay. Um, I'm I'm going to hold off still to Jason. Um, Rich

um there is more specificity in this document when you actually go look at your your agenda package materials. For instance, we do specify how you measure height, where you measure it from and and where the low level to the high level. So there is a definition of how you measure height. There's also a specific measurement of the density. We say 100 to hotel rooms. We say 50 hotel condominiums and we say 46 multif family units. That's that specificity is already in the document. If you want more specificity, we have no objections. I I I practice a lot in Ky County and I had one comprehensive plan amendment that you would have sworn it was the PD document and it was the county wanted so much specificity in the comprehensive plan that they basically incorporated the PD into the comprehensive plan. So, you had I had I literally had a I had a subdist that I created that was probably 10 pages long because it really was a regurgitation of the PD, which we're perfectly fine with doing. One of the beauties, it used to be in the old days when you did a comprehensive plan amendment, you were not allowed to concurrently do the reszone. So local governments were really concerned about I'm going to give you this broad baseline in the comp plan and Rich you're going to come back six months later and you're going to say under quasi judicial you got to give me this because it's consistent with the broad guidelines now that we can bring forward the zoning at the same time you know exactly what you're getting. So if now, for instance, if you want to take the conditions in the PD and put them into the comprehensive plan language, we're fine with that. Whatever will give you the comfort level you need to know that you're getting what we presented today,

we want to give that to you. If you want to have a master plan that shows the building heights and how they vary as part of your comprehensive plan amendment, we're happy making that an exhibit, the comprehensive plan amendment. The reason we wanted to present both of them together, the reszone and the complent amendment, I think it was important for you to see how the comprehensive plan language that you're going to talk about now in greater detail is actually getting applied. So, I thought it was very important that you see what the zoning was going to result from the comprehensive plan amendment. We're fine if you want to marry the two documents to where they're identical. Whatever will give you the level of comfort that the pretty pictures we showed you are part of the comp plan, we're all in. Um, so what whatever is your pleasure, we're fine with.

So that's that's how I would that's the that's the caveat or preamble to uh when you start firing questions off to us. Do you have any anything else you'd like to add relative to the comprehensive plan amendment? No, I think we we did a pretty detailed presentation about uh what what the comprehensive plan amendment entails. And again, if you want to include what we talked about for the PD into the comp plan amen language, we're fine. Okay. Thank you. Um are you leaning in because you have a question for the gentleman? Jim? No. No. Um Ed, any questions for for Rich? No questions. How about you, Jane? Not at this time. I want to How about you, Doug? Uh, not this time. How about you, Don? No, thank you.

Good for now, Jim. Okay. Well, I have a few questions. I have a few questions. So, Rich, um you know something that Jason said prior to the ba the break I had not contemplated and that is that in the comprehensive uh plan amendment you say the maximum building height is 195 ft and the CPD plans we see that one building reaches that maximum height but this comprehensive plan amendment would allow you to have 195 ft F feet for every building because it's your maximum height. So you could utilize that height across the board.

And that's exactly why I said what I just said. If you want to go ahead and attach the master plan that's in our PUD or PD, I'm sorry. We're happy to do that. Comp plans are more general and PDs are usually more specific, but we're perfectly fine with putting into the PD, I'm sorry, the comprehensive plan amendment, those those varying heights that we presented as part of the PD. Can you tell me how you calculate the 3.0 F? What is included and what is excluded from that? Are you what we did was we and I don't think we should have done this. We actually included the residential square footage as well.

And in your comprehensive plan is very clear. It talks about non-residential square footage. So we included the residential square footage. But aren't you obligated to do that with a CPD because it's all in that box? Not. No, I don't think you are because your comprehensive plan and your other mixeduse categories say non-residential F non-residential uses is 2.5 for Santini. That's what it says. Okay. So if you excluded your residential parcel, what's your F?

If we took out our if we took out our residential and we took out basically I think Neptune was just recently adopted that you take out the parking as well. If you took that out, I think we're at like was it 2.25? We would be at 2.25. So eliminating all the parking and eliminating the residential. Are you counting the hotel condo units or only the Nope. We're counting We're counting that. We're counting the 26,000 square feet of private beach club. We're counting the 20,000 square ft of public amenities. We're we're including that. So,

but we're also excluding under deviation too all of the other areas that would normally be considered an F. And that's why I just said if you want to go with your Neptune deviation, the Neptune definition of F, the only thing you exclude, it's my understanding is the two parking levels. All right? You would include the two, you would exclude the two parking levels and you would take out our residential. If you just took those two things, forget about everything else we asked to be excluded. We would be under your definition 2.25 25. And that's just the is it 50 residential?

We take out the 50 residential condos. Condos condos. Yeah. 46. Sorry. Yeah. 46. Hold on one second. Rich. Jason, can you take that microphone over to you and the No, grab that other microphone so we can have a conversation and you could take it to your your table and so you can sit there and talk to. I'll do. Who started this? Instructions holding it. Well, instead of the getting up and getting down and the other Jason might have something to add. So, let me make sure I'm clear on what I'm saying. You take the you take the two parking levels out and you take out the square footage associated with the 46 multif family units. We're at 2.25.

The two parking levels of because it's in two build or three buildings, right? There's parking level two levels. It's two levels. Do you do you agree with that, Jason? No. So yeah, um we the the purpose of that policy is you don't count single family, duplex and triplex type structures. They don't have F.

So there is no F established by zoning districts. If you look at the RS or RC it when you do a mixeduse project or a commercial project, they're considered commercial buildings essentially. Even under Florida building code with the multif family, it's really, you know, um so that gets excluded. F is the is the building is the impact of the building, the size of it relation to the lot. So I would disagree with the excluding that's just doing math a different way, right? So normally we just what is the size of the buildings and we want if you want to exclude something that's part of the reason why I have a problem with some of the exclusions not theirs in general is we're just doing funny math you know it's residential condo but residential condo high-rise how do you calculate that

it's the it's the building mass in relation to the it's the box in relation to Right. So especially in a mixeduse project you count everything. I'm talking about standalone. I know. It doesn't have F. That's my point. But this isn't standalone. Understood. And I think that building, that 15 floor building, it it's mixed. It's not just 46 units in that 50. Is it is there only 46 in that 15story building or are 46 units? And the private beach club, which what we included that private beach club, but there's there's no condo units in that building. So that 15story building is exclusively residential. And the private beach club, right? But we counted that square footage for the private beach plan towards our FN. Right.

Look, I can only read I can only read what your comprehensive plan says. And I'll read from you from the time square mix subd district

and it says the nonresidential floor area ratios in the TSMU shall not exceed 2.5. And then it even goes further. It says transient residential hotel and military shall be counted as non-residential. Why do you put that language in there? you put that language in there to tell you what counts as non-residential. If you're residential, you're not non-residential. So, I think that's you may be applying it differently. And I'm not saying you're not, but what I'm saying you asked me based upon how the your comprehensive plan is currently written, it would be it would be 2.25. That's why we actually did include the residential which bumped it up to to to the number they were asking for which was to be 3.0 and the and what we've asked for is the definition is the same definition that Ker County applies. They basically take out non-airconditioned space. So it's not like we made up this definition. It's it's an accepted definition.

No, I understand the definition. I I I understand all of that. But you've presented a package for us to contemplate and all of the elements are indivi are they have individual uses but what makes the individual uses function is the package. So otherwise you would have said you know what we're going to separate this lot and this is going to be a residential tower. Well it is a residential tower. I understand that but you didn't separate the lot. You've created a commercial plan development. the entire parcel is a commercial plan development. We don't have to argue about this. I understand what you're saying. I just don't agree with you. Okay.

So, if if um so you've taken out the parking, you've taken out the residential, and with everything else, it's 2.2. You're saying 2.25. And Jason, would you agree with his math?

I mean, I I think it's a moot point because they've set the criteria for their category, right? They've said three and it includes all of what? That was your question. So for FA the purpose of F is to try to measure and and understand building mass, right? So to say we're going to exclude a 47 unit building in eight stories or whatever it is, why why what are we talking about? Right? So at the end of the day, you want to know how much mass is this creating so we can somewhat compare it to other places. Um and I understand that. So my question is they said they set three. Your question was what goes into that three? I still didn't hear that clear answer. I heard we've excluded a bunch of other stuff and we're 2.25.

They're saying they're going to be up to three. They're allowed up to three. What's included in that? Otherwise, all you're comparing is what their policy is created. I believe I was asked a question. If we were to use your definition of F, what would we be at? And that's when I said, if you use the Neptune definition, which excludes the two level of parking, and you take out our residential uses, we would be at 2.25. We're not hiding from our 3.0. No, I understood your question to be what would it be under our current definition of F. That's what I heard the question and that's what I thought I was answering.

Your 3.0 without deviation number two will be greater than 3.0. Probably 3.5 or four. Okay. And same thing with Neptune. Neptune would be greater than what they were. That's not we we're not comparing apples to oranges. could if I could just explain something to you, Rich, since it's been a while since you've been here. When I ask these questions, I ask them because I look at the faces of the people in this room, and I want them to be very clear about what we're either approving or denying. I don't want to leave here and have somebody say, "What did he mean?" I want them to understand it. And that includes all the people who are watching it on TV. And I want to be clear,

it's very important that this is clear because this is an important project and nobody's nobody's discounting that. Um, okay. Any other questions on the F from anybody for Rich? Okay. Um, okay. Um, yeah, that's what I'm going to do. And then we're going to come back. Uh, Rich, do you have anything else to add? Because I'm going to open up the public comment. Thank you. Nope. Because this is legislative. This is legislative. Um, so, uh, folks, I eliminated that microphone, so you'll have to come to this. It's okay, Jason. That's all right. That's okay. We might need you though.

Yeah, you stay there. You stay just just stay there. Um, so a some people did fill out cards and so I'll have Nope. Never mind. Okay, here's what we're talking about right this second. We're only talking about the comprehensive plan amendment. only the comprehensive plan amendment, not whether or not you like where the tiki bar is, not in any of those particular details, just the amendment to the comprehensive plan. So, who has comments on this? Madam Chair, it might be helpful again to reference that now it's page 26, but what is in the comprehensive plan amendment are the permitted uses, the height, and the stories, the intensity, the density, and the development standards.

Would you all like me to read that to you? Do you know what it is? You're okay, you're good. Go ahead. Um, and when they come to the podium, if they could just state whether or not they were sworn in at the onset because this will be incorporated by reference. So, who'd like to speak first? Uh, yes, ma'am. Come on up. Don't get your feelings hurt if I stop you if you're saying something that's not relevant to this case. Okay. Okay. Because I probably will. That's all right. Just so long just so long as you don't get your feelings hurt.

Okay. Yeah. No, they won't be. Okay. Um my name is Lisa Wisman. Hi, Lisa. And in all honesty, um having never testified at a meeting like this, I'm not sure if I'm up here at the right time, but based on what you said about this amendment, um all right. So, um cut me off. Were you Were you sworn in? Yes, I was. Earlier, we're off to a good start.

All right. So, I own a condo in one of the eight wide buildings on Bay Beach Lane. Um, I have not lived in Fort Myers Beach as long as 70 years, 50 years. But I think it's important for the LPA to hear from newer residents like me because there are a lot of us. And like an earlier public commenter said, the LPA needs to address everyone who owns here in Fort Meer Beach our concerns. Um, I rented in Fort Myers Beach for six years and then I bought four years ago and um, I sunk a significant amount of money for me into purchasing my condo and I pay almost $8,000 a year in property taxes. So, I'm invested in this community. I care about what goes on. In good faith, I actually purchased after Ian um trusting that Fort Myers Beach would come back and would be back better. Um I'm very much in favor of this project. Uh as was said earlier, I can attest the lifestyle quality has gone away. And while some really good things have happened, they haven't hap not enough of them have happened and they've happened too slowly. Um, I'm deeply concerned about the economics of Fort Meyer speech as was presented earlier. I I it it's common sense. It's all common sense, not to mention a lot of data points to support it. Um, but I'm also worried about my economics and I'm worried about the value of my property declining and I'm worried about my already high property taxes, which I'm happy to pay going up. Um I as far as my so I'm in favor of this project. I think it's a beautiful project. I think it offers a lot of value and I think there was a lot of data to support it. Um as far as the

variances go that they've requested. I Okay, I don't see a problem with the height variance they're asking. I mean, like I said, I'm right off of Bay Beach Lane. We've got countless condos that are 12, 13 stories high. they don't offer the aesthetics or the value along Eststerero Boulevard that this project will. I'm also um don't have a problem with their request to reduce the amount of parking. And when I read that uh I was like it it surprises me because where I come from, the city I come from, our our planning agency limits the amount of parking um because and I I don't understand why we don't do more of that here with our traffic issues. So, I'm really impressed with what they're recommending in terms of traffic mitigation and reducing use of cars. We don't need more parking spaces. Thank you. Thank you, Lisa. You did a good job. Okay. Who'd like to speak next?

Uh, yes, sir.

Uh, good afternoon. My name is Arnold Shramml. Um, I've been on we've owned a house on 240 via since 2010. So, kind of in the middle between new and people that have been here for a long time. Um, we're all for a rebuild of something at the outrigger, but this is just way too much way too much density in a small small land. Uh, you know, and there what I don't like is some of the misinformation. You know, according to what Beach Talk Radio reported on August 5th, quoting Matt Campbell, the total assessed value on Fort Myers Beach is 4.6 billion, which is higher than preian. So, when Mr. Collins says we're at 28% reduction, it's just not true. It's just not true. The other thing that comes out is in the last year and a half there's been 2,000 condos approximately 2,000 condos damaged structures that have been returned to the tax roles as inh inhabitable after posttorm reviews. And we all know here who've been living on the island for a long time. These 2,000 condos are both people living and heavily rented during the busy season. That's why it was much busier here this year. So, we're asking for in my case extreme deviations from our current comp plan for 150 hotel rooms. I mean, yes, we lost the wind and we lost the outrigger. We lost 350 hotel rooms. We've just brought up back on just in the last year and a half over 2,000 condo units on this island. And again, most of these condo units are heavily rented out during busy season.

We don't need Would it be nice to have another 350, 400 hotel rooms? Yes. We're going to have to wait eight years for these 300 hotel rooms. In his case, 150. Again, I'm all for redeveloping the outrigger. what's proposed here today is just way outside the comp plan and that's why I would urge the LPA to vote against it today and ask them to come back to a more reasonable and they should be giving some dispensation over what the current comp plan is but not the extreme deviations they're asking for today. Thank you. Thank you sir for taking time to be here. Were you sworn in previously?

Yes, he was. He's been here since the beginning. Um, who'd like to speak next? Uh, Dave, Terry, hold on. You're after you're after Dave Nusbomb. Nancy, you know there's some chairs up here. Okay.

Hi. For the record, my name is Dave Nusbomb. I live at 6610 Boulevard. I would like to point out I am president of the Island Winds Condominium and I'm also chairman of the MURF and I am not talking for either group. I'm talking as a second generation owner who purchased from my parents who bought here in 1988. My wife and I retired down here uh in 2005. We purchased our unit from the family in 2011. We grew up, our daughter grew up on Fort Myers Beach. She's 40ome years old. She's never missed a year coming down here. I state that because I've been involved in this island a long time. I've been involved in the 6,000 block a long time. The Outregger property was an iconic property that was part of the fabric of the 6,000 block. It's gone. We can't bring it back the way it was. It'll never come back. But we have an opportunity to bring it back um and offer it. I've written a letter and you've all received it outlining what I thought were five points that were very key points. I had a resident contact me and say which of the five points were the most important? the beach access, the restrooms, the the commercial aspect. And I said, "They're all important. That's like trying to pick out your favorite child. What's really important is that we have to do something now. We can't wait for another kick it down the road, bring it back, kick it down the road, five years from now, open it up, and then it's five years after that before we're done. We can't wait a decade." The south end of

the island, as I said in the letter, had 15 restaurants walking distance from my home. Today, we have less than five. And there's nothing on the books other than one that I can talk of that's coming back. And finally, from an environmental standpoint, please remember this. The Outrigger and the Windom were the only two public restrooms on the on the 6,000 block with a tremendous amount of people. They're both gone. We all know what happens when people are on the beach and there's no public restrooms. Secondly, we need children in the school. There are going to be 4 to 500 people working at the outrigger. Where do you think the kids are going to come from to go into our school, which is a necessity on this island? I support this. I support what they're requesting. Please move forward. Thank you.

Thank you, Dave. Terry Kaine. Dave, were you sworn in? Yes, I was. Perfect. Thank you. And Terry was also sworn in. Terry Kaine.

Terry Kane and I was sworn in. Um, can you put the aerial up of the property line that? Because I just want to bring it to your attention that um, their property line when you put it up there according to the Lee PA is not what your property line what they're quoting as having nine acres. So, if you're considering your thoughts on that nine acres, um it's not accurate, just to let you know their property line, if you pull up lepa.org, look up the property, you'll see where their property lines are. They do not go to the wet sand. For me, and those of you who know me, my whole life has been about protecting public lands. So, I kind of feel like they're taking our public lands because that aspect is in their plan. So, if you approve this, is that going to be to the wet sand mark? And I'm very concerned about that. And you'll see it in a few minutes. There you go. That go back one. So, the property line is actually not the white, but do you see the black line in the green? That line is the property line. The red line that goes all the way to the wet sand, that is not theirs. That's our public lands. That's our public beach. So that's one of my concerns that if this gets approved that they will be that'll be in the maps. So that's a concern. Also the wave wall. I do not believe that the town has um decided on what they're going to do with wave walls. So I think this is a bit premature because that discussion has not been extended any further than um the M&P just recently. And um most of you probably know my point of view on wave walls is all they do is erode the beach. They might protect what's behind the beach, behind the private property lines, but then we get no beach in the front. There's definitely scouring and we lose the beach. Um, so I'm concerned about those things being included in this as this uh goes forward. Thank you very much.

Thank you, Terry. Would someone else like to speak? Nancy, are you waving your hand? And and then sir, you'll speak after Nancy. Okay. Hi, I'm Nancy Walker. I was sworn in. We bought here 25 years ago. We've been coming here since the 80s. We live down here in the south end. Nancy, talk into the microphone. Okay. Thank you.

Um I read the comprehensive plan last night, 2045 version. It was kind of interesting. I admit I skimmed over a lot. Um but the first part is your vision. And first of all, my first question is why are we changing the comprehensive plan of the whole town for one entity? Why do they have the right to ask us to change our comprehensive plan for their whatever they want? And I'm not saying they're bad people or anything. They they look very professional. It looks like a beautiful rendering. I think it's too big. That's my problem. So when you look at the comprehensive plan, write on your first page with your vision, neighborhood character, preserve small town character and community identity. That's a note on this one. Limit high density. And I'm reading it. Limit high density development and new highrises. That's exactly what this is. I mean, there's no going around it as far as increasing the F. Why? It says in here 2.5. they want to go to three. Um they want to decrease the recommended parking amount by about 40% at 38% and um you know increasing rooms, increasing condos and all that. And then we're talking about a shuttle that they're going to bring to Fishtail for their exclusive residences at Salt Leaf and they're going to be running golf carts. Now they said they're providing golf cart parking. That's great. We don't have golf cart lanes. They're in the traffic. They slow the traffic. It's 30 miles an hour down here if you've been behind them. And we've probably all been stuck behind them. I'm happy for the people on vacation in their golf carts, but it slows things down. I live on Ibis. If they're going to be shuttling people every half hour to their private beach club from Fishtail, I'm never getting out of my street. Um,

and I just I just don't believe this this jives with our comprehensive plan. I have a lot more to say, but that's going to be on other issues. And Terry brought up a great idea. Their property line does go to the mean high tide line. It depends on how you define the mean high tideline. I'm sure there's a definition somewhere, but I'd look very carefully on their uh their picture, their their rendering of it. And just you represent us in the town. This is our town comprehensive plan. This is what you have to vote. Does it meet the comprehensive plan? And it doesn't. I hope they do something there. I hope they do something because it looks really nice, but it needs to be of a smaller scale. Thank you. Thank you, Nancy.

Good afternoon. I swear I've been sworn in. Yeah.

I'm Tom Harris. I live at 4142 Bay Beach Lane. I've been a resident here for 25 years. Um started out kind of part-time. Uh became full-time. I retired uh and uh am a resident now of Florida and resident of baby of for of baby's lane in Fort Myers Beach. You know, I just want to say a add to a few things that have already been said. Um and I think that we all want to live here as efficiently as we can and go up and down our streets as efficiently as we can, but we also understand that we like to go to the beach again. Now, like the gentleman be uh couple before me said, you can't go to the beach all the time that you want to go to the beach because there's no restrooms, there's no restaurants. So, I think it's important that we deal with a company that um maybe isn't corporate. Um as we see the presentation here, this is a local company. This is a company that has roots right here in our own community. Okay? And I feel that's important. If we're going to deviate from something, why not deviate from someone we could trust. Corporate sometimes, not all the time, but sometimes you never talk to the same people that you have a presentation here, you go three months later, you might not have the same people in front of you. So, I think it's vitally important that we consider this this uh this process here and this program to be a part of Fort Myers Beach. I thank you very much. Thank you very much for being here. Uh yes, sir.

Thank you. My name is Kevin Poli. I have been sworn in and I'm uh live at 4142 Bay Beach Lane, Grand View. Uh and I just want to make a couple of comments if I can. One on London Bay. Uh being at Grand View, I'm also the president of the association there. Um, I have to say that London Bay did live up to everything that they said in the sales prep going into it. Uh, they did build they did or they did not.

They did. They did. Yes. Positive. Um, they did uh live up to everything that they that they said they would do. And even beyond that, um, they have continued to support the building even though they don't have to. I mean, they control the board. Uh, as an example, last year we had a $120,000 surplus thanks to some good in negotiation with the insurance companies. That $120,000 surplus could have been put to reducing our dues for this year and saving London Bay about $40,000. The owners had asked, they said, "Okay, can we do two things? one by a AI based water monitoring and shut off system which will reduce the possibility of of a water problem in in the building and two take the remaining money another $50,000 $60,000 and build our reserves as a new building we need to build our reserves London Bay agreed to it they didn't have to right they could have saved themselves a bunch of money they could have said nope you know what make our insurance premium 5% deductible rather than the 2% % that they allowed us to take. So just going to London Bay, uh their integrity, their support, when we have issues, they're very quick. So they stand by their word and I think that's really important to know. Um two, with the amenities on on the southern end, you all know we need these amenities. They are public use. Some people say, "Oh, you know, you know, they're not going to be available to the public." They are going to be totally supported by all the public. You see that in Santini now with with the one restaurant there. Um, and it's also going to help reduce the traffic going up to the north end because we all now go up to the north end when we want to have a drink or we want to go to a restaurant. Um, and the final thing I wanted to raise was um, the economics. So, I was chief financial officer at some of the largest firms on Wall Street for years before I came down to Florida.

And there's an old accounting joke and it goes from an old accountant. It goes, "What is 2 plus two?" It's whatever you want it to be, right? And I think that's the way it is with the numbers. We can argue the numbers all we want. All right. But the facts are we do have a lot of pressure in our tax base. We do have a lot of pressure on maintaining a reasonable property tax rate. And that's fine. We'll always have that. I think inflation goes up, property tax is going to go up. You can't get around that. You can't argue with the fact that the values of our real estate is going down. It's not going up. So you're going to see appraised values coming down next year coming up. I think a lot of people are going to argue that. So I would just say the economics are really important. You need to be with a developer that is effective that can meet the requirements and I think London Bay will do that. I think the property the design is great. Yeah, it'd be nice if it would be lower, but that's just not economically feasible.

You're asking people to spend a couple hundred million dollars. Not feasible. So, thank you for your comments. Thank you very much. Appreciate it. Uh, yes, ma'am. I think I need new glasses. Because I'm looking I'm going I think I I Yeah. Hi, my name is Sarah Peek. Hi, Sarah. In um I live at 6100 Eststero Boulevard, which is literally across the street next to the outrigger. We are a unit of 24 owners. Unknown caller.

Oh, and we have not been consulted at all. There was an open meeting about a year and a half ago at the Diamond Head, which some of us attended. Other than that, we have not been contacted. The first thing I notice in this c in this plan is the walkway that has the wonderful vegetation and 30 feet now has been moved to the other side of the property along our property line. They're putting up trees and bushes. I don't know how much of a of property that is what the line is. The outrigger had a fence. We would at least like a fence so people cannot walk from their property into our property. Probably park at our property to walk to their property. We envision having to put up a gate at our entrance to our parking so that people stay out. We thought maybe this would happen with the town hall, but it hasn't. But it surely will now. Um 15 stories is way too tall. We are five stories on the north side. If you looked at all of their renderings and they had two with the silhouette of the skyline, they don't even have our building. And we are the closest building to the property. We're actually closer than Gulfside 12. We're worried about the mitigation wall. That's a separate issue. If they lower their ceiling, they don't need 10ft ceilings. The outrigger that was there had normalsized motel rooms, old-fashioned Florida motel rooms, and they made a very good living. They were full all the time, year round. Margaritavville has similar rooms, a little bit bigger, and they're full a lot. So, this is way overcale. Way overcale. Our line of sight is going to we won't even see the sky. Thank you.

Thank you very much. Appreciate your comments. Uh, yes sir.

Thank you. My name is Jim Post. I've been sworn in. I'm an attorney uh Florida attorney, but I I am here representing my clients Cameron Nick Nikki Post who are residents of 198 Kuru Street just nine houses away from this property. My clients object to development proposed a day and we have submitted to the LPA three letters um already uh through email on April 10th, April 13th and this morning. We'd like those like those letters be part of the record of all the applications that are being heard today consolidated. Um, in short, um, I I'll, in my, in Nikki's words, my husband and I purchased our home at 198 Curly Street for $1.5 million with the intention of making it our future full-time residence. As we approach the retirement, we have spent our careers 28, 26 and 20 years respectively with a large company and that home represents not only our financial investment but a long-term life decision for our family. We chose the specific location because of its character as a quiet, low-scale familyoriented beachfront community. We have two young children and this setting provides the type of environment we value for both our current use and our future plans. We reside here full-time. I think this property from their perspective is way oversized. It's a commercial venture. It it it it destroys and impairs the integrity of the residential nature of of this of this area, their home, which they have uh uh have already they they were here before the hurricanes. They they they fixed up their house. They um put all the solar panels in that were permitted by the

city and they and they want to raise their children here in a manner that it it keeps the residential community. Having a a normalsiz operation across the street makes sense for their perspective. U whether it's whether it's condominiums or or a restaurant or or a facility like that. But this is a commercial venture that belongs in in South Florida or um where I come from, Jacksonville, Florida. Um not not here in Fort Myers, according to my my my niece and nephew. I I I respect that. We we've we've hired a a planner. We're going to be part of the process that this matter goes to the town council. We respectfully request that you not approve this as proposed. And u we hope that um we hope to be um if if you do if you do um if you if you don't u approve it then of course we won't we'll u we would appreciate that. Thank you very much.

Thank you sir. Who's our next speaker? Come on. Come on up.

Hello, I'm Marca O'Brien. I'm a full-time resident of Fort Myers Beach. We live at 6240 Eststerero Gulfite 12 right next door. Um, we were never contacted either by London Bay just to get our input, our view on on their uh proposed project. My concern, I am opposed to the amendment. It's in a medium residential district. That property should retain medium residential. It can still have commercial activity as the comprehensive plan allows for. Those um commercial activities need to be um not intrusive. They need to be compatible with residential and having multiple bars and restaurants 50 feet from our pool is not um compatible and is definitely intrusive. The comprehensive plan also um states that it's to protect and save residential areas and um I just think you know this area needs to remain residential. That's what it is supposed to be. So, I hope you don't approve the amendment and keep it presidential. Thank you.

Thank you very much, Marca. Marcia, have you been sworn in prayer? Yes, she was. Thank you. Is there anyone else who'd like to speak right now? Yes, sir. We got two people coming at once. Blue shirt first. Black. Okay. Come on. Black shirt. Hi, my name's Dennis Alfieri. live at uh 165 Flamingo. Been here for 12 years.

And uh I my my feeling is that this overall plan that we're talking about was done. It's a great plan for the town and how it's going to grow. But that's all before this storm hit. Nobody expected the storm did what it did to this island and it destroyed it. And right now it it's coming back so slow it it's not really livable in the south. There's nothing down here. Absolutely nothing. And this project to me looks like the start of the revitalization of this whole island. I I think can do nothing but help. And it might you might have to break some of the old standards, right? We got to go higher. We got to go do this, do that. I think it's well worth it, especially with the fact that we're going to be dealing with somebody local, a local person involved. You know how much that means? Someone else brought that up and you get someone from outside of here, they don't give two what's about what's going on. These guys are from here

and we know they do great work. They've seen all the work they've done. They do good work. They're reputable. And to me, I I think it's just crazy not to go forward with it. I don't think you'll see anything happen here for years if something doesn't happen. That other thing going on down the road, Seagate or whatever it was, that's that'd be 15 years the way they're going. These guys have the backing. They have the money. And there's nothing like having someone that has the money that can do this and get it pulled off. It's no joke. It's the truth. But, uh, I'm all for it. And I hope that you guys vote for it all the way. Thank you, Dennis. Dennis, were you previously sworn? I was.

Thank you. Thank you, D. Hi, my name is Dave O'Brien. I'm a full-time resident of Fort Myers Beach and I reside at Gulfite 12. I'm one of the board members on the association. And sir, were you were you sworn in? Yes, I was.

Uh I'm opposed to the requested comprehensive plan amendment uh to change it from mixed use or mixed residential to mixed use. Uh hopefully you'll indulge me because a few of these might be uh outside of the realm of this, but I think it's all tied together. Uh wedging a a mixeduse special district into the run of residential properties that spans at least a half mile to the south and more than a mile to the north. Uh really does not fit with the the surrounding residential properties and allows features that will be detrimental to the surrounding residential property owners. Some of those features are building heights that are 300 to 500% greater than allowed by the comprehensive plan. Buildings of this size are incompatible with the immediate surrounding area. The plan number of rooms is 57% greater than allowed in the comprehensive plan with unit sizes twice the allowed square footage. This means that the density will be far greater than 57%. This is will needlessly add to the problematic traffic issue that we have on the island. The plan commercial space is 460% more than allowed by the comprehensive plan. All the commercial space in the surrounding area is east of a sterile boulevard. And why they can't put 360% of the 460% overage on the east side that's you know in a commercial area. I I don't know if anything was any consideration was ever given to that but should the developer uh or the e excess I already sorry the developer has a beach access path planned on the south side of the property probably as a public benefit. There's already a beach access path on the north side of Gulfide 12 which we had to put in as as part of uh adding a fourth floor on our

property. Do we really need, you know, two beach access paths side by side? And is there really a public benefit to that path? There's three planned open air venues on the south side of the planned development that will all serve alcohol. Do all three all three do not provide adequate noise buffers and are all within 50% of existing residential prop property? It is unacceptable to approve variances that allow serving alcohol in venues with this proximity to residential property without any noise buffers. The noise from these venues will adversely affect the residents in all directions. Um, I think I'll I urge the LPA to not approve the comprehensive plan changes, the variances, and the special exceptions at this time, but rather require the developer to make changes that will allow the develop development to be more compatible within the residential area that it's adjacent to. Thank you.

Thank you very much, sir. Uh, yes, sir. Come on up. Hi, my name is Tim Sweeney. I was previously sworn in. Thank you, Tim.

I am a full-time resident of Fort Myers Beach, living in the Coina building right next door to the proposed site. Um, I vehemently oppose this proposal. Um, one big thing that never seems to get addressed is the ability of this island to continue to sustain these large developments. We have issues with water pressure. We have issues with drainage. We have issues with plumbing. And this never seems to get addressed. There are no studies. We need before we approve something scale that should be done. Um, I would stipulate that London Bay is a good neighbor, good corporate neighbor. My issue is not with the company. My issue is with the proposal. The scale is simply too big. It furthers the encroachment north. We we have to take into consider what was there before. We are going from three stories to 15. And we're moving this height from two more lots heading north and this will be the highest point in all of this development. So I stand opposed to it and I would just like to reiterate that we are not this block of people who are impervious to change. We don't want change. We're the residents of Fort Myers Beach. We understand that change is inevitable, especially after something like Ian, but we want a voice in that change. And I don't like this change. The scale is too much. There's a point where the residents get their

needs met and London Bay needs get their needs met and we're not there with this proposal. That's all I have. Thank you very much for your thoughts. Is there anyone else who'd like to speak right now? Okay. Uh do what? Tom, three hands.

I have been sworn in. Tom Brady, protect FMB. I don't know if this is specific to the CPD, but since we're talking about the project as general and the presentation really incorporate everything at the same time and the only reason why you would consider uh a change to the CPD was for some of the things like public benefit. You mean the comp plan? Comp plan. Sorry. Yes, sir. No problem.

Um first of all, I I think that if everybody could agree to throw out the the uh financial decision, I would too. I'm still say you're dead wrong about the financials that you present. First of all, they only ought to look at incrementals for that property. They look at the the entire revenue generated. That property generates revenue today for the town and will continue to do so even if we're developed to the current comp plan. So, we only need to look at incremental. We also need to look at the expenses associated with those revenues and they offset those revenues in most cases. And then you've got to look at if they're unoccupied and sold until 2020 2032, then you're not going to see any revenues form anyway. And if you have a short-term problem, that's going to not going to solve it. We really ought to move this to the financial group inside of the town, though, or let's swear in some financial people. I worked at Fortune One. I ran a $300 million business. I have credit credentials, too. But it's all just us nonsworn and experts speaking to it. Maybe we ought to just put it all off to that. What I do have concerns about and I would I would if I were an LPA member, I would say things like the water taxi. Okay, so it's not moved, but so what? The town doesn't regulate that. Can somebody at some point in the future come in take over that property and change their mind? Or can um can the condominium association when they take control of that come in and say, "Okay, we're going to run that taxi up and down the Charlie's." What happens if the agreement was just with the Millers and the Millers leave the island? Then is there any reason to keep that kind of Texas handshake in place? So don't count benefits that can't stay forever. There was a lot of discussion about per permanent benefits for public benefits to the town and I think they should be permanent. I have the same concerns about the tiki bar in that they control the tiki bar. It's not a town tiki bar and businesses support themselves. If that if they decide that they don't like that tiki bar, I buy a condominium there. I decide I don't like that tiki

bar in there, I can raise the price of a beer to $12 or $30 and I can chase all the riff raff out if I don't like the people coming into my tiki bar. Again, I think that that public benefit for that piece of property for that linear park, which I hate that definition, but I think five feet of that is already a public um access to that beach. So what have you added and do you have to have a setback also? So is there a 20ft setback and a 5T and what they're really giving is an additional 5T. So I think those kind of things that didn't come out in the pre presentation and need to be looked at the permanency and I think the I think as far as the revenues are concerned you could look at you could potentially look at property values in the area increasing that's speculation and I can guarantee you though that the property values well can't guarantee you but my assumption is and the reason why people are complaining is the property values for those living in single family homes next door are going to go down, not up. So, some some will suffer. The island as a whole may benefit. Is that enough to give them an exemption for 195 ft? Thank you. Thank you, Tom. I I saw a couple of other hands. If you'd like to speak now, remember there'll be other opportunities. Come on. Did I see somebody else in the back? Yes, ma'am. You'll be next.

Good afternoon. Uh Dave Kelly. I was sworn in. I'm a resident 4142 Bay Beach Lane. also from uh Grand View. So, uh I'm here in support of the project. Um I certainly sympathize and can understand uh the viewpoints of the folks that are maybe im immediately adjacent to this property. Um however, I think the greater good of the town and specifically the south end of Fort Myers Beach desperately needs a development like this. Um, we basically have two opportunities uh on the south end of the island between the Windham and the Outrigger property. Um, to put in an anchor that will help this community. Um, it's why many of us bought here. It's why I chose to buy here, right? I used to live on Fort Myers Beach. I'm sorry, Fort Lauderdale Beach. Um, I know what it's like to live in a big beach town. This is never going to be Fort Lauderdale Beach. Um, we bought here because we wanted the vibe of Fort Myers Beach. The problem is I didn't get the vibe of Fort Myers Beach because of Ian, not because of anybody here, not because of anyone who is opposed to these developments. Um, but I really think it's critical um, for the lifestyle, as Mark has said, um, for my neighbors, um, that we get the opportunity to have these anchors in our community for the future. Um, I think it's interesting and probably about what I expected. I think if I kind of objectively looked at most of my friends and my neighbors, it's pretty evenly split. The folks that are are for this or against this feels public comment is fairly balanced on both sides of that equation as well. Um, so I would ask you look, we recognize the immediate impact to these neighbors. Um, I ask you to look at the greater good uh for the island as a whole and particularly for us residents of the south end of the island. Thank you.

Thank you, sir. Okay. Come on. Do we have any speakers after this lady? All right. Sum it up. You're going to sum it up. Okay. Hi, I'm Wendy Sweeney. Wendy, were you sworn in? I was sworn in. Okay, good. I also live across the street.

Yes. at 6100 of Sterile Boulevard in the condominium. We bought shortly before Ian. It has taken a long time to get things built back up. I don't have my notes or anything. I left them at home. But what I want to say is also what my husband said is about the water, the drainage, the going to the bathroom. How's there going to be enough? They're going to have this big thing. You know, we have enough problems with getting things back together at our condo and it's been quite a while since then. One of the things they built a new place on Flamingo. They had to drain underneath it. The water two weeks they were still it was flooding all of Flamingo. I don't know how all that got there. I don't know. Then the next building that the house that they're building on Flamingo, the same thing. big ditches along the side of it. I said, "Is that drainage?" I know it was drainage. They said, "No, but they didn't understand English." So, there you go. Yeah. Right. But I do not support this. We stayed at our outrigger. We stayed at the Windom. We stayed at the Peer View. We stayed at Neptune. We bought here because we love it here. We still love it here. Things are going good. Your business is wonderful. I love going there. Thank you. But this place is just too big. Somebody else said about how tall that I don't have ceilings that high and I don't touch the ceiling. You know, it's it's too big. It's just too big. Miami had something. The whole thing fell because of the structure underneath. And that's can goes with us of having more things underneath. Coino was built with

parking underneath. We were saved a lot from Ian because of that build. But this build is too big. The tiki bar doesn't look like it's on the property. When we first bought here, people from the outrigger would park in our parking lot and just come and go back and forth. Well, we will probably have to put up a gate. The thing of it is, if I bought there, I wouldn't want to have people renting. I live there full-time and people coming in and out for their vacation. That would take away my privacy, things like that. I just say no. I probably have more to say, but that's it for now. Thank you.

Thank you very much, Wendy. Okay. Okay. If there's no one is is there anyone else who'd like to speak right now? All right, seeing no one else, we'll close the public comment for this hearing. Um, and we'll um uh Rich, I'll give you a chance to uh address anything that was raised that you might feel the need to discuss. Um, I'm not going to go tit for tat, but I do want to correct one thing on the record. uh the one person who talked or testified as to what we own and what we don't own.

Yes, sir.

We have a survey. We own from the road to the mean high water line. So, everything we're asking for is on our property. We do own it. We provided the survey to uh the town staff as part of the review. Uh other than that, I I think that I appreciate everybody coming and spending their time giving their opinion. Uh I can tell you uh I've been doing this a long time and usually uh we don't have very many people coming from the public speaking in favor of projects. They're usually opposed but as you can see there are a lot of people who are in favor of this project and I think they see the benefits that we've explained to the southside and the economic benefit that will happen if this project is approved. The correlary is uh if this is not approved, I think there are some pretty dire consequences uh to the development or redevelopment or revitalization of the town. This is a good project. It provides a lot of public benefits and we're happy to address any concerns that staff has raised regarding making sure in the comp plan amendment. The standards are there so that uh you can assure yourselves that the the the CPD is consistent with the comp plan.

Thank you. Other than that, I don't think we really have anything else. We Thank you. You'll have another shot, Nancy. Don't worry. I'm sorry. We we did provide you with over 50 letters of support together as part of the project. I don't know if everybody has seen all those letters, but there is a lot of support for this project on both in person and in Thank you, Rich. Thank you very much. Um, okay. So, Jason, could we go could we go through each element here and we'll see if there's discussion on it and try to come to some resolution on whether or not to adopt this comprehensive plan amendment. Sure. So

I think Nancy mentioned Yeah. So you've got the legal description which is part of the sight specific component of that and then you have some categories of permitted uses, height and stories, intensity, density. Um let's just stop at permitted uses. Any objections from anybody on the permanent uses that are listed within this document? No. Okay, keep going. So the only thing in there that stood out to us essentially was the they they're defining in that if you see that paragraph the public benefits and that that they're defining what the public benefit. Yes. That that is a concern. Okay. So that that's including that paragraph I brought that up.

Does that uh does that memorialize or affirm that we're agreeing these are public benefits? I would say so. Yes. You would say so. Okay. It it it feeds into the CPD ultimately to say that's right we're asking for this this and this kind of an exchange for that. Correct. And it is a finite list. It is not including but limit but not limited to it. Is just this is what they are. Uh Jim, were you going to say something? No.

Okay. Um, so if that were eliminated, if that were eliminated, um, because there's also some questions about the the M wave mitigation wall, which is also memorialized here.

Yeah. I think that the challenge between the between the policy and the other applications that are going to implement it is elimination. And then you get to the CPD and you're saying you're asking what is the public benefit? Um and then you're discussing or negotiating that. I guess um that's the only downside to the elimination. But to your point, yes, there's this is memorializing some things that may or may not be able to be completed. So uh were you going to say something? I'll let you I am. But

no, go ahead. Go ahead. Go ahead. Um well if if we're saying that including that is part of this discussion then I would like to point out that several things actually that the public benefit definition in the new c comp plan excludes require uh code requirements from being considered as a benefit. Therefore, like landscaping, signage, pedestrian crossings, any road or infrastructure requirements should all be excluded from consideration as a public benefit. Um, and I think I would start with that. And if we're going to talk about the wave wall as part of it, I'll have a comment on that after we deal with public benefits. Oh,

and and if I may add to that, I just realized because I maybe I misread it, but I don't I don't think the bathrooms are on this list either, which was part of the presentation of the CPD is public restrooms. Well, my my my question is just why wouldn't this paragraph end with planned development reszoning period and eliminate the last uh the last sentence which includes all the public benefit uses and the coastal storm? Does that need to even be in there? But I mean, so then that would leave the your interpretation of a public benefit to the CPD essentially. Correct. Okay. Correct.

And actually, we still haven't got a clear definition on public benefits, whether they're exclusive to the public, whether they're mutual between the developer and the p uh the public, or whether they're perpetual or not. So, I would agree with the need. I think right because the different door by not ending this before this comment and that's because the 2045 plan if you remember calls for the um public benefits ordinance which hasn't been drafted yet. It's all part of the update to the LDC and so right now it's open to your discussions during the PD part what's reasonable and makes sense. Do you see what I'm saying?

I understand it but also trying to determine how we disconnect it. We don't move forward with this piece. What happens to the other pieces? Uh well uh we could still move forward and talk to them, but it's essential that this moves forward, which is why the conversation has to stay like this. Yes. Not like this. Right. Because this is the building block for everything else we're going to talk about in my mind. The rest of it becomes mood or at least ineffective. Well, if you want it to stay like this global, then this section needs to be removed because that's specific. Specifics.

Understood. But if we don't tailor the public benefit dialogue around our impact on our decision here and we don't approve this, when does it come in in the CPD? In the CPD, it won't work if this isn't done. The CPD can have the conversation, but it's moved to the decision not to move forward with the comp plan. If we don't move forward with the comp plan, what do we build off of? You can move forward with the comp plan without the statement of what public benefits are. So you're not saying it's material to your decision to move forward to the complaint. No, I'm saying that this doesn't belong in this section. I don't believe it belongs in this section. It's it's minutia.

Exactly. Exactly. If the entire like Rich and and and Alexa and every Alexis and everybody else said at the beginning, if this incorporated the whole CPD, then this is this is pertinent. But it currently does not. What we have before us is simply not simply not simply a comprehensive plan amendment. And so in the comprehensive spirit of a comprehensive plan, it should be broad in nature and not so specific especially identifying something like public benefit which the town so far has not identified.

Right. Yeah. We all agree on that. What I'm saying is you can't disregard the thinking about the overall project when you're making this first component decision. I don't. So, as long as we're agreeing all of this goes in the mix to make the cake, we just may not put this ingredient on the box, but it's going to be in there to bake it eventually. CPD right now when we vote on this one, we're going to eat what we what we cook right here. Correct. I don't want to eat the public benefits in this amendment. We can leave it out of the ingredients, but it's going to be in there in our thinking. I'll leave it at that. Okay. Okay. Does anybody else have any see what I'm saying?

Do did do you did you follow that train of thought? Dunlaps were mine. I did and I'm I'm not eating what he's cooking. You're not eating what Jim's cooking. That's a different story. It has nothing to do with this. You may eat it. Ingredients are not in the package. Okay. All Anita, I I'd have to agree with Anita because although we're are looking for public benefits when we get farther down the road here, here we're we're discussing things that we're not even sure, you know, retail, restaurants, uh, coastal storm risk mitigation improvements. I'm not sure that's a public benefit anyways. Correct. So, that's to be determined in subsequent

right dialogue. But for the comprehensive plan, what we're really to me what we're doing although it's medium residential now by right they have a right to build a hotel with 144 rooms. They do regardless. So I don't see it as that big a leap as it might seem going from it's not going from medium residential to this. It's going from 144 room hotel to this. Correct. Really? So my comment?

Well, plus the 10,000 square ft they were entitled to um under the existing CPD to the 46,000 square ft. That's correct. Commercial, right? Okay. Let's go on to height and stories. So, this says that the maximum building height is 195 ft. Measured from Florida Department of Environmental Protection, lowest horizontal structural member, boy, I had to look that up. Never heard it talked about like that. To midpoint of the roof, and 15 stories inclusive of parking on the first two floors. Anybody have any heartburn over this one? Yeah.

What is it? Well, it's 195t. I mean, it's I think it's actually more than 195 ft. Maybe it is, but from from ground level or ba it's 215 feet one inch. Yeah. But it's 195 from the lowest horizontal structural member

and and I think that I I contacted Jason earlier in the week. I think we need to have some consistency. Is it going to be ground level base? Is it going to be base flood elevation or is it going to be the FD? Because we should have apples to apples comparison. Um and that um the the graph that was sent earlier, you you can't tell from this what we're comparing to. Mhm.

And so I I think for clarity sake, we should at least mention if you're going to consider making the amendment that you should add language that layman understand not the FD. Were you just show were you holding up the graphic of all the south end? Yeah. Yeah. But they all are total I think they're all total building heights. I think that is from what level? From ground. Well, except theirs is except their We think theirs is not right. No comparison if theirs is. But we know the other ones are because they're all Do we existing? I know at least a couple of them.

I don't know because I think I got the information that from the staff that they don't have that information. So I I would Jason, could you tell us? I I don't know what they measured from. The the applicant provided that exhibit. So I mean it may be worthy to ask them if they could tell whether it was from ground or I think they did some aerial surveys of that. Yeah, we don't know what they measured from, but we know what the other buildings are measured from. I mean, I know winds, we know winds, right? I think there was some question as to any building that was approved before incorporation, that information may not be available. Oh, okay. So, any of these buildings that were built prior to incorporation,

I'm not sure. Um, I I would the applicant answer that, but I would assume that those elevations if they're surveyed from aerial or drone or something are probably from grade. Correct, Rich? I'm I'm Rich. Hold on. I'm just going to give you a rule right now. Okay. This isn't presentation time. This is LPA discussion time. So, you're welcome to address a question, but without propaganda. No, I wasn't going to. I was going to make a suggestion maybe about the Go if that's okay.

Yeah. One thing we do in Kaio County is we talk about zoned height which is measured from the minimum flood elevation and then we talk about what's the actual height as measured from grade. So my understanding is our actual height as measured from grade is 198t as measured from grade great but that's not what this says. Yes. That's not any of those.

There's two different measurements. Remember, from grade and from minimum flood elevation. So, what my architect is telling me is that from the grade it's 198, but as you measure from minimum flood elevation, it's 195. You just asked about that. Yeah, that can't be. There's a 20 foot elevation elevation. I'll let the architect expire from sea level. Okay. Correct. Correct. Thank you, Mr. architect. Have you ever been qualified as a an expert here? No, I haven't been here before. Well, well, please tell us a little bit about yourself.

Hi, my name is Miguel Campbo and I'm a design director of a company called 10 Design. I used to be known as SB Architects. We're specializing in mixeduse and hospitality projects like this one. Miguel, has anybody ever told you you look like a Doniote? Many times, including my wife. I'll bet. I'll bet you you've got you're like a perfect character. I I think that's fabulous. That's a Spanish connection. Exactly. It's a Spanish connection. Um uh may we please accept um Miguel as a um move. Thank you. Thank you. Go right ahead.

Um yes, we had an exhibit uh on the on the presentation which showed the the height measure from finish grade to the top of the crown of the building which was 198 and it showed all the other buildings alongside the code. How does that's real height. uh how the code uh measures it is. Miguel, are you talking about this illustration? Thank you. That's perfect because it can compare. Could you guys put this illustration up? Thank you, Rich. Really does look like Donkeyote. So 198 is the total from ground level from grade as a human would perceive it. No thinking code. Okay.

As a human. That's exactly right. As a human that's how we perceive height.

I can follow that. So, but obviously codes have definitions of how we measure height because there's minimum flood elevations that we have to work with as we build resilient structures throughout. So, um the code asks us to measure height from the design floor elevation. But, uh we've also gotten comments from planning officials to actually measure it from the real floor elevation which is the Florida FD Florida Department of Environmental Protection lowest horizontal structural member. It's a mouthful, but it just means that roughly about 20 feet NAV is where we start measuring height. And it's not really to the crown of the building, but in a pitch roof is to the mean height of that. So, there's a lot of nuances there that we're trying to com to you notify you as how we measure height.

But Miguel, then 195 or 198 or whatever is not from the ground, from standing with your feet on the ground. You got the measuring tape and boom, it's down on the ground and you're going up 195 ft. That's not the measurement. That measurement starts at 21 ft. Yeah, that's how the code is telling us to measure, but not necessarily from ground level. So, it's really 215. Yes. No, no, no, no, no. It's 198 from from finish grade. He answered a different question. So, they're they're talking about how the code says to measure. What we want to know is what how tall is the building? I want to know if you're standing like if I've got a vision on the ground going to the top of the roof, how tall is it? 198. How the exhibit shows is 198.

Yes. So the exhibit shows it and that's what you're planning. Correct. The exhibit shows 198. And that is the plan. Yeah. From the sand to the peak to the crown, right? To the crown. But that's not what the language language says. Adjust. Yeah. Yeah. So we can adjust the language. It sounds like but how this new anyway isn't is short that what is short so I I'm just going to tell you that this is what what the lovely Miguel just explained is not what it says right here

I know we gave you how you measure height under the Florida building code versus you asked two different things there's two different things yeah but the the height didn't change that's the problem right So I think what you're getting at Yes, Madam Chairman, is the 195 should have changed to one whatever 200 or it should have said 198. The 195 change to I think to 177, something like that. Yes, sure. That's right. Um the the other way Margaritavville I remember was from grade um or from from um design grade. So there's there's other examples that we've used in the past where you just said let's use a regular number to here, right? Yes, he is correct. We measure generally height in their codes from base flood, but this is a new policy that

but it's not 215 in any case. That's what it sounds like. I I think the right answer is if we use the words we have in our document today, that number should be 17. That's right. 177. 177. Yeah. Not Not 177. Not that I'm Thank goodness you're here. That's a big change. Yeah, it is a big change. But if you're comparing, you know, now it's 198 from grade versus that document, right? Okay. And that's the counted way actually. I don't care about those people. They they did put that in there because people were saying, you know, Rich,

okay, listen everybody, you you can't be talking amongst yourselves. That's not this time. So you won't get more cookies. Yeah, the reason Carter County added that is because people were saying, "You're not really telling me what it is at the tippy top." So, they wanted truth in advertising, which I think is what you were asking for. Yes, we'd like truth in advertising. That's a very good way to look at it. Yeah. Okay. All right. So, is everybody clear on the 177? Yep. Are you clear on this, Jace? I am. Now, it's back it's back to you if that's what you want. Yeah. Okay. Anybody have any objections to 177? Donlap does not. How about you, Don? Do I have an objection to 177 or the fact that that's what's in here?

177. Yeah, I have concerns with it being 177. Still taller than anything on the south end from grade. And uh how about you Doug? Heights on. Um I want to ask Jason one quick. when in our normal ordinances or or comprehensive plan when we talk about like stories are we talking above the base flood elevation or are we talking about the FD design flood elevation and our other interpretations from where we measure from typically with height um well it changes depending on where you are you are but on this side in the D area um they have a special study for this island and so we try to we measure from the

we measure height from that. It doesn't mean you can't measure, but standard practice to use when we're on the beach side to use the FD. Yes. Design flood elevation. Correct. Okay. It can be I mean, honestly, what you're looking for I think what I'm hearing you're looking for a fixed amount and so either way you do it is fine. Yeah. I'm just thinking 15 stories with parking above the design flood elevation. So, I don't know that you're going to get two stories of parking. Well, I don't know if we should go down that rabbit hole, but um I can't tell you how many stories of the parking they're going to get below the D number. I don't know.

Okay. So, they parking could creep into above that number 13 stories above 13 livable stories above the design flood elevation. Maybe it depends on how high their parking structure is. It depends on the roof of each of the units. That's why you pick a fixed point and pick a number from that point. Whether it's flood or whether it's grade, you pick the number 177 and they're stuck with that box. I mean, I'm okay with the 177. Yeah, I'm just So, we're changing the definition, right? If that number lowers that 20, if that number lowers because of site um study about 12t, it's still 177 above, right? If it goes up, it's still 177 above. So it's

and it's great even if you bring the grade up right like a lot of places you bring grade up to correct that flood DP number is whatever it is it is yes so if you Jason do you have any concern that wait before I go to that Jane did you have any do you have any concerns about 177 right um I I I think it's high and I think that you know I think the fact that it says 195, we have to change that. But um I I think that I think it is too tall. I just think it's too tall.

Jim, any concerns about 177? I think it should be 175 because the FD line is 20T1 in above grade. So if you take 20 ft No, it's not to 175. It's above the uh the NABD sea level sea level something like sea level. The FD EP line is 20 ft above grade. No, you got two engineers in a plan saying no. Sorry. That was in the material. Look,

it's a f it's a it's a fine point, but you have to remember that their their lot is not zero. their lot is four to five feet above sea level already. And then if they're going to 20, that's about 15 feet above their existing lot. And to the point that was made earlier, um, no structural fill can be brought in here because it's Vzone. So they're working basically with the well they would have to go through much more engineering, get pre-approvals to do it, but in general, you're not allowed to bring in more fill to build on on the Vzone. Jason, can you tell us who you are real quick? I I apologize. My name is Jason Smallley. I'm the senior planner. Were you sworn in?

I'm pretty sure I was. So, there was a lot of swearing earlier. Okay. So, Jim, any issue with 177? No. How about you? No issue with 177. Oh, I have an issue with 177, Mark. You've known that from day one. Uh I have an issue with that. And um and now let me throw a ratchet into this. Um, uh, does anyone have a concern that 177 is a blanket number across the entire parcel as opposed to just a particular building? Yes. Yes. For the record, I have a problem with 177, but I'm not opposed to something higher than the than the plan allows. I agree.

Just so I clear, but I but but like everyone expressed and people want to say, "What's the number? Give me the number." You know, Ed Ryan always wants to say, "Is 10 10 stories too high? Is it 15? Is it two? Is it whatever?" I don't know what that number is. It's sort of like, you know, the the proverbial question, how do you know something? And the answer is when you see it. And that's that's this um uh that's But we do have some comparisons. We do. We do have we do have comparisons. Yes, we do. And um we do have those are all south of this building of this site.

None of them are north. This would push the high-rise boundary north dramatically. It would uh So let me just ask the question, how could the height that you're stipulating here be limited to a particular building? because you have uh you've got what four buildings and 177 only pertains to the residential units as I understand it.

I think there's multiple ways to do it. My suggestion would be is to attach the exhibit that's the master plan because that master plan identifies the the the number of stories of each one of those buildings. So you would then know for sure that it's just the residential condo only building that is the 15 stories over two of parking. Then you have an exhibit that will show you how the heights vary and then you'll know that's the building that's 177 and all the others. We could probably figure out the calculation. Please don't make me do it right this minute, but you know doing the same calculation that we did before. Uh, one of the things I'd like to point out is all of those buildings were built a long long time ago. They were if they were knocked down, they're going up another 15t anyway to get to their their current height, you know. So, they're going to have to make adjustments as well.

So, I think we're probably consistent, but could I make a suggestion? Could I make a suggestion on the height and stories that the height and stories simply say um if the CPD is incorporated within the um uh the amendment or the amendments in or vice versa? Could the height and stories element of this amendment simply stipulate the approval as approved in commercial plan development ABC? Whatever. Do you do you all follow what I'm saying? So So we don't stipulate anything right here.

We say the height and stories is memorialized within the attached CPD. I don't know. Do you follow what Jason? I think so. I was trying to think is there maybe it's better way to list the buildings and what they are and the heights of them. Is that But then that's essentially the CPD. Yeah, but it's it's avoiding a picture being part of this. You can do it. It's just let me let me let me trying to avoid putting more pictures in here. Let let me ask answer you a question. Can

can we put a provision in here that basically says that one of the criteria of the comp plan is that it has to be adopted pursuant to the CPD adopted on the same date as the comp plan. I think that's I don't my first thought Rich is how do we deal with a consistency issue because it's the comp plan that has or the excuse me the CPD that has to be consistent with the comp plan yet you're saying that the comp plan is dependent on the well we would incorporate the CPD into the comp plan is what I'm saying that would be the consistency instead of regurgitating everything that's in the CPD otherwise I say let's just put everything that's in the CPD in the comp plan

well and I was saying if you Building one, 49 unit residential condo. That's fine. 177 feet. Building two, I don't know if they're labeled like that on the on the master concept. Jason Green's um proposal is a compromise. I mean, because it does identify the buildings and puts a limitation on the height of the various buildings. So, you may say that there's no more than X number of buildings. Um, and then but by memorializing that here, we can do that. And then we get to the CPD. What if somebody doesn't like that height on the CPD? They would have to come back and amend this. Well, so

that's why I tried to say that first. We don't do this that way with some specificity in here. We're going to come back or it's going to be unclear. Well, my my suggestion was specific but leaving it blank for you to have that next discussion. So the format of this could be building one, building two and what it is building one residential condo, building two hotel, condominium, building three, whatever it is, right? We could say the 15story building is restricted 177. We could say that the 11story building is I'm making I'm making up a number. I'll get you the real number is 155. We can we can do that to give you that specific. We're looking that up right now

so that we can we can get what Jason's saying and we can get that into the comp plan. So you'll know those numbers. What if that's what your desire is? What if we said the entire development was 158 ft was the tallest? I mean your other buildings are 158 taller than because you've got point of stero is 158 and you've got 158 on your other buildings. But but remember you're going to go 15 ft more if they I'm not rebuilding point of stero. I'm just talking about this one. I'm just asking would 158 for the development work?

I think what we don't like about that is we were trying to break up the massing of the building and it would look a lot nicer then if you make us go 158 the whole look of the project. We're not making you do anything. We're asking permission. Well, by the way, both places. I'm saying is I'm saying the consequence of a uniform 158 changes the whole look of the of the the whole

it could or you could maybe drop the other ones to 146 or 142 or whatever. Right. I mean you could still with the design of these buildings I mean you've got pitched hip kind of hipped roof lines, right? So there's I'm just I'm just asking I mean maybe there's something that maybe could garner some more support if we and Mark knows this because I've said it both times I met with him. I mean the height is going to be the one of the biggest issues.

So let me ask the team because we just went around the 177. This reminds me a bit of EIBC when we so valued the view corridors and they built their building accordingly and then they got turned down because it was too high. So we went fatter this way and view corridor disappeared. So if we take two stories off the tallest building and add it to the other buildings, do we feel better? Nobody said at it. I I'm suggesting it as a 177 micant. I mean, but I mean, do we solve anything?

But but Jim, I don't know that if 158 was the tallest again. I mean, maybe they the the one building that's three stories, maybe it goes to five. I don't know. That's what I'm saying. It could it could, right? But if it's I mean they've done a great job of stepping it back. So I mean there's probably another way. I'm just trying to find um maybe a win-win for I think to address your question and issue sir Jim was um I think you still got to list the buildings kind of as those heights right because not necessarily not if you're saying a maximum height for this mixeduse development so we're staying general is 158 ft. then you then you could end up with one building or two buildings that take up the

whole whatever that's that's the maximum height and then when we get to the CPD uh those heights could be identified within the CPD but I think what Don is trying you're doing this because you're finding a compromise of the high-rise developments of the south end of the island and saying here's a high point match it

yeah and I also understand the economics of needing the development to work and there's probably maybe another way that gets, you know, one comes down to 10 floors and or 12 or whatever and maybe something in the back. So, you know, there may be some compromise and, you know, I I think everyone or I think a lot of people would like to see a project move here and maybe this is a, you know, a step towards Yeah. And you you have guard rails anyways because it's 196 units. So, that's right. May I the re the reason we're we're opposed to doing that is

if we do what you're suggesting now we're putting the resident some of the residential units into the hotel building and our preference is to keep the residential and the residential building and the hotel and the hotel building. So that's that's the the method to the madness for how we stair step these down is so we can put the residential in a standalone building purely residential and then the transient uses will be in another transient building and that's yeah I get that. So could I ask one more question? How big are the condos in the 15story building? What's the square footage? Guessing between two and 4,000 square feet by the guess.

That's a pretty good guess. You guys don't know this. They're negotiating.

You got to be on the microphone. The short answer is most of the units are between 2 and 3500 and the pen houses will possibly go up to 4,000 ft. Mark, I I you know, you brought up the emotional the all of that at the beginning and you know, I usually reflect all of that and I I'd like to I'd like you to really listen to what Don is saying here. Uh this happened in the Margaritavville case at the dis of the council not at the LPA.

Um this happened in the Margaritavville and what the compromises accomplished was a unanimous vote by the council to approve Margaritavville and at the time it was highly controversial. It was important to have that unanimous vote. Um, and in this room you have heard great testimony from people who live next door to you, people who live on this island who they're not saying we hate London Bay because you have proven yourself as a commodity that Fort Myers Beach is proud to have. That's how I feel. That's how I feel

and I I understand. I appreciate that. But I I think you should consider accommodations. And I think you should consider them because um uh it's it's being offered in the spirit of maybe we can work this out and maybe everybody could get behind this project and that would be extraordinary. Okay. So you just think about it. Okay. Thank you. Okay. Um uh Jane

and bringing up um the comment about view corridor versus height in this in this situation. There is no view corridor because it starts at 21 ft. And so you there's no you know there's no way to have a view corridor for the public. Yeah. That I wasn't trying to compare two projects. I was talking about we asked them to give us a view. They went tall. Then we said we don't like tall. Now go short. No I agree. I mean, this has a lot of character, and that's much better than a big box. Absolutely. Yep. And that's what we're concerned to lose, right? Is is the character. If you if you say the maximum height is 158, you fit it in however you want to do it. You'll give us everything else we ask for

and you get 158 ft. We haven't gotten, right? But, but you're what? That's what I'm I'm asking. Look, we're we're all cards are on the table. Are we going to get a uniform height of 158 ft and get a unanimous recommendation not not tinkering with anything else? The number of units that we want the square footage we want uniform height of 158. We just got to find it. Is that is that is that the

I think you I think everybody's going to want you to find it in a similar way, right? Like you've done a good job with the project. The project's far better in the second round than the first round, right? So I think everybody's going to still want the character, right? But I I I think probably I'm not an architect, but I think you could find a way. And and maybe it's not 3500, maybe it's 3,000 square feet, maybe it's um you know, maybe there's five floors on top of the three-story building, but that may be what we do. you. What we're asking is, are you going to give us the flexibility to decide how to fit the units on the site without making sure we never go above 158 ft measure from flooring department blah blah blah.

We get the we get a very good chance we get the envelope and you fit it in however you want to fit it We still need to discuss ration few other issues. But that's why I made the point about the buildings because what I hear him saying is that CPD gets redesigned. Yeah. And it becomes we'll just we'll just we'll just we'll just do uniform maximum 158 ft. Listen, the takeaway doesn't work on this group. That that that psychology does not work with this group because they're too But I thought that's what you were asking us. Is

No, no, no. We're not No. Let me let me see if I can understand. Anita, you're asking us to take the residential tow tower down by two stories effectively. Right. Effectively. That's what I'm asking.

Two stories. And you are willing to give us credit and make sure that we can take others up so economically we can still make this work. I have a big concern clearly that where we were before we've already reduced it by two stories. We've reduced the hotel by one story. Part of that was from discussions with those that were here at the time and also from city council. So, we've been sensitive to that. We also heard that Seagate obviously got a lot of um um remorse perhaps by a lot of people after the event and that was um 17 stories and we said okay we're not going to uh put ourselves hopefully through the same grinder as that and reduced it by two stories. My my big concern is I started off by saying design really matters and we think that stepping down and moving up design really helps. I'd also ask you other than there's one building on the beach that's 158. Is anybody really going to know from the water or from the street whether you 158 or 178? And if and if the if the design is appreciated and it's thoughtful and it gets us to where we need to do economically, clearly a condo unit is worth more to me than a hotel unit and making sure that the residences have their own specific building is material to being able to sell them. It's not like I can go, oh, I'll tell you what. I'll plop those units off there and I'll put them over here because I'll have a different obviously a different use. So, so th those are my concerns. I mean, I'd like to hear if there are other asks and let's go through the list and see. So, I'm not negotiating point by point with

you. I don't think that's a fair thing to to do. I'd rather hear comprehensively what are the concerns. Let's get through those and then maybe we can address that. Is that fair enough? Yep. Fair enough. Height is a concern. So, let's go on to the next. Thank you. Okay. Let's let Do you want to say something else on that?

Well, related to the comprehensive plan um amendment. Yes. So, I would like to see what the group thinks about two factors here. one the other mixeduse zoning districts in the comp plan are all east of Esero so that the intensity and the density was not on the beach. Second, the other districts have multiple users, multiple owners. Is there any issue having a unique comp plan amendment for one specific site? And what kind of precedent does that set? So I I would like those two issues discussed.

Something light. Ed, you want to start in on that? Sure. Give me the hardest one. Um, I think he did I think it does start a precedent, but I think that what we've done with the comp plan has has made this path a viable path for developers and and and that's why I believe they're going this direction. Jane.

Well, um I don't like the idea of making something special for one property on the island because But that's what we do in zoning cases. Special. Yeah. But the difference is that we're not rewriting history in doing so. We're using our comp plan and it is the comp plan for joining is different than comp plan. That's true. That's true. That's true. Doug, do you have any comments on what Jim raised?

I I guess I have to admit I'm not sure exactly why we have to amend the comprehensive plan when we could do other like other mechanisms or that would be if you could explain that to me.

Sure. So under state law they have a right anybody has a right to amend the plan. They can come in with an application. Um typically you would see somebody picking a category that already exists. Uh but there is smallcale sight specific amendments in the in the statutes. That's what they chose to do is apply for that since they were unique. Um otherwise they would be pulling from an existing category and then asking for this site to be uh amended to that category. Pedestrian as an example. They could pull from the pedestrian category and request that. Um I I think the attempt was to probably do these specifics to put the guardrails on. They'd have to answer that question. But um that's why they've asked to create a new category. In order to create the new category, you got to amend the plan. Just sort of I think makes the whole process more efficient.

And it's different than let's create a new I don't know general office category or commercial whatever urban commercial. There's lots of different names for things. Um they're not creating a new category that somebody else can apply for later on. This is supposed to be specific to this site. So, you're not going to have somebody else come along and say, "I now want to have the outrigger mixeduse district down a mile south of here." Right? You're not going to get that. But we have seen in this presentation that they have said, "And we want the Neptune parking issue and you know, oh no, they wanted the F in the Neptune. We did not include parking in the F calculation." And that's why he brought that up.

Right. I think building on what Doug, I think what I I and I don't want to put words in your mouth, but is there instead of the comprehensive plan, was there another avenue, a resoning, a development agreement, um a CPD, was any combination of those? Could have this project been accomplished without dealing with comp plan, which is, as Anita said, the big box. Could we have been more specific in the approach?

That's a good Well, um there's there's guardrails and limits on on the other categories, right? And they have they have a category assigned to them. Um was it medium, residential, whatever the categories that has an F limit. Um I guess in theory they could have done a similar process with a CPD and ask for deviation from what's being counted towards that F and then you'd have a really even bigger list, right? Um, my guess is the the limitations on F and the limitations on what's in medium residential uses in the mixture is probably why they went for their own category. I mean, I don't want to speak for them, but they're trying to create something and tailor something for them.

No, I understand we only we only react to what's been filed. So, correct. Correct. Yes. Did that answer your question, Doug? Yeah, I believe so. Okay. Don, you have any issue with precedent setting or what Jim brought up? I I really don't. I mean, I think it's jumping astero with Yeah. I mean, I I thought the same thing when I saw it, but I I still think there's there's only so many properties probably along the entire island that this is going to this kind of thing would fit to. So, I probably Yeah, I don't really have a concern. Dunlap. Um, on on the comp plan thing, I'm completely convinced anybody wants to put themselves through this.

I don't think we're setting a precedent at all. Anita, I think the words you said were perfect. This is not Neptune, so let's not talk about that again. That's how we look at everything. I truly believe we do. It isn't coingled, merged, blended. We look individually. If somebody thinks it's a president president, bring it on and we'll show why it's not in their particular case. Mhm. And I agree with Don completely. There's one or two of these we're going to talk about the rest of our time out here. We don't have options like with Seagate to throw it on the other side.

Okay. Okay. Let let's let's move on to the F section of this. Um so, uh Rich did a good job and Alexis I think did a good job explaining how they make it to 3.0 uh and why they end up at 3.0. Um, I still tell you this gives me shivers and uh um even though I understand just because of the ma just trying to understand the mass of what's encompassing the property.

Uh you know to be honest with you I think it is more back to that emotional thing that Mark said. I think it's more the fact that I've lived with 2.5 maximum F for 30 years and now I see a three here

and I think people have reacted to that. I think people have gone woohoo even though they don't have a clue what it means. most of them I think they've still reacted to why why what sets them apart uh what sets this property apart to um to be granted that what makes this what makes this deal so special and I I mean I'm sure Mark could answer that question in a very um uh lovely way but that I for for this community this community has to say what sets this apart. And maybe it is the lifestyle, the South End lifestyle which revolved around that damn tiki bar. I mean that that's it. Um maybe that's it. I I still haven't this is not settled in my head.

Yeah. Yeah. And I I I guess Sorry. No, go ahead.

I was just going to say I I I feel like if you get it, it's going to eat the whole property, right? But there are pieces to it that are I know we're not talking about public benefits, but the the beach access. Yeah. The tiki, the there are restaurants that are going to that everyone's going to have access to be able to go to. Um I I think that when you look at the whole thing, I I don't want to say I don't care, but I kind of don't care if we got it right. Right. If we think the footprint is like if we if we're okay with this plan for this property, and it's probably the wrong thing to say, but I kind of don't care if it's 2.5 or three. And that's probably the wrong attitude to have, but it seems like I like I think people are more like people are like it was mentioned earlier that you know we've got they've got public spaces. They're going to have I mean it's going to be like Diamond Head where we could go I mean we had meetings at Diamond Head for the LPA after and town council after right there's going to be another access point after a storm potentially. There's going to be another uh place for folks to have I mean there may be a there may be a I may have a conference for my company down here or something, right? Those are public access points. And I think if you cover the property, we're covering the property. I mean, I'm looking at building a house. I'm going to cover every bit of the property that I can build it on, right? It's 100 foot wide lot. So, I'm I'm less concerned about that because I think because we're getting we're getting a lot of things with this that

context matters. Yeah. I think context matters a lot. The three doesn't bother me either because of what we're getting out of it. You know, Anita, you and I have talked about it and I've read all these minutes from the old meetings, all the consternations when we're talking about Publix in the day because the context competitors etc. Where would we be today in so many ways had we stuck to whatever it was and didn't allow us to grow and emerge in a way? This is that chance for my point of view on the south end to change the entire lifestyle and and amenities and culture that we have. we want, we need, and I think we deserve, and I think this is a small price to pay to get to it.

Let me add one more thing. They stepped it back, right? So, we were this, we were worried about it being right on the And that's some of what we're concerned about, right? We say view corridors. We're not getting a view corridor, but there's going to be quite a few spaces on this property that I'm going to have access to as a resident or I will have a view, right? And then there's they've stepped it back that you can walk off the street into the hotel, right? So you you have it's not just a big, you know, wall. It's going to be tall, but it is stepped back. It's not like right here on the sidewalk. And so I feel like some of those movements or those accommodations or maybe response to feedback are uh have come through. And again, I that's why I kind of don't care. Can I throw something in there, Don?

Sure. That that's one reason why I was worried about um making a deal with with the height to to just keep one building lower because all of a sudden we're going to sh Oh, you can shift stories. Well, right now we have that great I think it's only two stories or maybe three stories that that butts hero could all of a sudden be could all of a sudden be five stories. Maybe maybe maybe it's still I mean that's it absut but just like the hotel they've stepped it back right maybe there's a way to do it and again I'm not suggesting that's where you put five condos or whatever but maybe there's a way to reconfigure. I was just kind of throwing the thought out, but I appreciate

Well, one of the things that I I'm having a problem with is because after Hurricane Ian, the town council and the LPA had a joint meeting and we discussed what is our max and our max was 2.5 and now we're talking for one individual three. How do we how do we tell the people that now it's new? Well, it's not new. This is new.

And And what do we give up if it's 2.5, right? Okay. They say you want 2.5, we'll give you 2.5, but you're going to lose. You know, maybe we're not a conference center. Maybe we don't have public spaces like you would like. And I think we all want them. And I think that's part of what makes a lot of the people that are supporting this project, they want this as a place to go on the south end. Absolutely. I My problem with this is how they calculated it and the fact that it's not 2.5, it's not three. Under our current code, if they don't get deviation two, it's three and a half or four. Sure. is that

they are taking into the account a calculation based on a deviation that has not been approved or accepted. Yeah. And what's that look like? Do we know what I mean? Do we know what 2.8 to 3.5 any of us know what that really looks like on the site? No clue. And that that's really hard because people have asked me could you draw that for me? Nope. And the answer is no. Right. Yeah. The answer is no. Okay. So, um, so I hear mixed reviews on 3.0. Not very clear over here. Uh, Doug, did you weigh in?

I didn't weigh in, but I think I just look at the practical matter kind of like Don said a little differently is like, and like was mentioned, you know, it's really the mass of the building with its three or 2.5. It's what does the building look like? What are the amenities that go with it? And uh the actual number to me is not that important compared to the overall project. Okay. Okay. Um Anita, I'm just curious. How do you feel after that? I'm tormented by this. Okay. Good. That's what I was hoping for.

Because I like Mark Wilson as as you know, as uppy as he comes off being, he's really not. He's a decent guy and it's the English accent, you know. But I know I have done so much research on London Bay. It's a company you should be proud of. And I'm glad I told you this when we met. I'm glad that London Bay is here on Fort Myers Beach. I'm glad of that. But I'm overwhelmed by this. I'm overwhelmed by the magnitude of it. And um and I've listened to people talk about this for the better part of a year now. And and the gentleman who spoke is right. This is a very this is very divided. This isn't everybody saying no. This is half the people saying yes and half the people saying no. My problem with that was the people saying yes are all talking lifestyle. Not one of them are saying give me a 15tory high condominium building. Not one. They're all talking about recuperating that sense of their environment here. That was quite enjoyable. I I know it was my environment, too. I And I understand that.

And this will be better. And And this this may be better. This may be better. Building pace amenities. But I'm I'm still I'm still suffering it. I'm suffering this. Come on. Don't ruin it, Mark. I really did meant I I meant that. I told you that when we met and I really do being sincere in last time we met. I know you were being sincere and I apologize for being uppety. No, but I I don't think that other people do.

I do come from Birmingham, England and not Birmingham, Alabama. So, um I'm afraid you're you're probably stuck with that. I think I think it's worth just stepping back and going, okay, I guess what are the alternatives, right? What else could we do? And if we did something else, would AF be an issue? And clearly, if we max this site out with whatever we could do with condos, it's a project that we could build, right? We could say, okay, we're doing nothing but condos, but what is this? What are we giving up? What is the South End giving up? If we do a straight condo play, now most developers probably wouldn't go through what we're going through. uh they'll probably go, "Yeah, easy thing to do is let's put up a condo building, sell it, we're done. We're out of here and so be it." But we don't think that's the best thing for the island. And that's again because we do care about Southwest Florida. We do care about the community. And the only way to do what we're doing is to do a mixeduse mixeduse project. And it seems from our standpoint that you get penalized for doing a mixeduse project. You get to the situation that although you have residential, it now has to be included in the F. I understand that's the rule and I understand that's what you're governing yourself by, but you've got an alternative to say, okay, I understand they're including residential. I understand that we're not meant to be incorporating that in it, but for all of the amenities and bringing back the lifestyle of the South End, are we going to argue that what is 2.25 if you take out the residential and is three if you're included is worth hammering the project. So, you take out

amenities and you take out the lifestyle and we turn around and go, we've we've hit your 2.5. We don't think the project is as good. I don't think our residents and neighbors will think it's as good, but we hit a number because that's what the rules say that you have to do despite the fact a really good portion of this is residential. And that's where what I would ask to be considered. I understand the three number is ugly because we're used to 2.5. 2.25 sells a hell of a lot better and is under 2.25 and all you're doing there is saying we understand there's a residential component. If that was all commercial probably I'd say asking for three um is if it was all commercial I'd probably go. I understand your objection, but I think with what we're trying to do and the thoughtful nature of with how we've gone about it, uh I would ask that you consider that in the F consideration. Thank you.

Thank you, Mark. It's it's only one factor. It is that along with all of the other factors, but to answer your question is if you use something like this and somebody says to you, what is F? Mhm. You can say that F is everything that doesn't have green. Oh, I get that, Jim, but I'm going to tell you that if I went and asked half of the people who spoke here today, can you tell me what this means and how it will how it plays out on that on that piece of property across the street? I think they would have a hard time. I understand it. I get it.

Do you want me to walk around with this in my house? Right. Okay. All right. Okay. You can explain it then. I'll do it. I'll do it. Okay. Okay. So, let's um Jason, could I just ask you, do you think that's a fair comment? Uh, Mark just I'm just one of them. I'm going to the being uh being penalized for having um both residential and commercial there that if so, if we only looked at the commercial element, it's 2.25, 25, but having to add the residential, which has no no F if it was standalone takes it up to three.

And do you think that's glitch in our plan? Um, no. I How do I say this without getting fired? Um,

I you're asking the wrong guy. Okay, so as a planner, F is a tool. It's a It's a measurement tool. It's a component. It talks about mass, building mass, right? it it doesn't talk about design. We've already talked about good design. I I do agree with that. Overcome certain things. I think there's other things we're about to talk about in this and in the other applications that are trade-offs for that. Um I'm more of a straight transparent what is the size of the building to the to the lot and what is the F. From the very beginning 3 four years ago with the comp plan, we were the ones advising increase your F to give you the flexibility for good projects and everybody said no. And I get why because it's scary. Um, again, this goes back to why it's sight specific, right? So, it's it's them that's asking for it, not across the island. Um, so F doesn't bother me unless it's terrible, right? So, it's it's I agree with that that there's trade-offs to that and you've got more coming u as far as mixture of uses. You know, I've heard condos versus hotels. There's other things that we have to talk about that I think you're probably going to get to a point. So, 3 32 35. I'm just more of a what is it actually? Let's stop excluding things and let's tell what the real number is. that doesn't help your answer but um

and it can be informed by the it can be bene it can benefit from the other things right so the other things we're going to get to I think will help solve some of that and when we created the number we couldn't have possibly thought of all the applications circumstances situations consequences of on the downside by putting a number it's a guidepost it's a good one we ought to challenge ourselves around it should never be taken for granted that it doesn't matter but context is always going come into play and that's why we have these jobs

and and at the same time with what the general was talking about like that this application the CPD doesn't go away all of a sudden if you say three or 32 or two now I mean you still can demand good design you can still demand this site plan be a certain way you can still deny things that are terrible and implement those policies ultimately you don't like so there's still control over what this looks like a little bit um so I just I think take it all you have to unfortunately we're going line by line but you have to take it all and and individually balance you know weigh those things of what you think is important. Mhm. It's a measurement tool to me to answer this question directly. That's it. It's just to compare things. Okay. So the next element in this is a has everybody talked out F on this?

Yes. Okay. uh the next element is uh the density and now here there's again more particulars specifics that are relative to the CPD um and is that a good or a not good idea um so it it talks about the development and and I'll give you two cents on that my perspective was my only concern was the language that's used here where it says hotel/condominium I you hotel/c condominium the term right so the gentleman talked about the 49 yes

whatever cond condos I'm assuming that's a big part of the financial part of it but the 150 to me I'm a little unsure of because it says hotel condominiums does that mean this could be 198 condominiums so I think there needs clarity on that mixture of what the 150 number is what defines a I mean because there's condo hotels right like is is they're condominiums but they're daily rentals right So they're it's a really like run like a hotel. It's just a big hotel room, right? Yeah. Unfortunately, we're running into that where ownership terminology is mixing with zoning terminology, mixing with building codes, right? All these things are kind of Why do we care? Because because somebody brings more traffic or why do we care?

Well, from a straight residential perspective, I think you care because you got to be you're a barrier island, right? we got to be careful how many more additional permanent or more traffic and year- round type residents you introduce whereas transit lodging is more of is a commercial uh there's sales tax there's other benefits to the community um I and I think I heard that was a benefit supposedly to the community so my only point is if you're going to weigh those things then lean into the hotel part of it right I was going to say so does the hotel then is is the hotel what concerns us because that's

I mean the terminology of hotel condominium I don't care what you just don't want it to become another multif family building, right? You don't want to lose the hotel part. And right now there's a slash in there that makes you wonder if that's an ore. I don't know what that means. So if it all of a sudden becomes 198 condos that are just residential units, you've lost the commercial mixed nature of it, right? Yeah. I mean, I think you've lost the sales tax, you've lost the other No, I think that's why the commercial, you know, the mixed use makes sense and it's better for the town. I think just clarification of that intent helps you as far as it doesn't become all a residential project, right? Can I ask for a clarification

to help with the respond to that comment? This this is the lawyer talking now. Yeah, sure. My understanding is a hotel can either be owned by one entity and own all the units or it could still be a hotel and I could sell all 150 of the units to individuals that agreed to a management centralized management or something like that. The reason we wanted to do that is because we wanted the ability for those 50 units to be individually owned to be part of a rental pool. So if you if you guys tell me it doesn't you don't need that word condominium for those units and I could just say 150 hotel rooms right

and they can be sold in a condominium form still operated as transient I don't have an issue so I'm asking you under your code that's why I want to make we we were led to the impression that we needed that word in there still going to be a transient use which is a form of how that unit was going to be owned so that's that's to explain to Mr. why we put that word in there. It's not to make it a condominium, not to make it a multi family unit. And I think he hit on a key word there because elsewhere in the comp plan it talks about transient uses and and I that's probably a better term. And I don't care about the the ownership part of it, right? That's that's a different financial form and stuff than we look into. So, but some some jurisdictions do care. That's why we were

we wanted to make sure we could still do that. Sure. I understand. And you may not up here, but no. Um, if you tell us, there's a 30-minute conversation about that I won't get into, but there's but transit is I think what I hear from a from a town perspective is a is a goal and a key part of this. So, I just wanted to throw that out there that that wording is just the only thing that makes me I don't want to be two years from now arguing over whether they meant all condos and all residential or not. So, can we cut to the chase? Do we just eliminate the hotel condominium verbiage and put 150 hotel rooms? Trans uh I think it was transient whatever the other term is that we use the

I got to ask one more question real quick. Why do we like what if the 50 condom or the 46 condominiums are individually sold but they're rented on a weekly basis? Do we care as long as they pay bed tax, right? Or the I mean yeah but but you're allowing them to be year round if they wanted to. Right. So there's a residential Okay. So then the question is do you want 198 residential units? Well, no. I I'm actually saying the hotel 196 effective daily rentals, right? Or weekly rentals or whatever it is. To me, that the town would be it would benefit from that from sales tax and from we we we clearly want we clearly want the 46 multi channel units.

Correct. Okay. We want those. We don't want you to say you can't have we don't want to say I'm not saying that. I just want to make sure we're not talking about that. No, I'm just You may not care if they're rented out, but what I'm trying to get to is what the town actually is looking for. I'm offering if you want a hotel on this property, make sure we call it something that it has to be a hotel. I don't care about the ownership part of it, but the in that it's transient and available for daily, weekly, whatever. I think we should need to use the word hotel. That's in your period. 150. Does that work? 150 hotel. Absolutely. Okay. Uh, let me just tell you all something really important, more important than anything you're going to tell us. Doug Aman has to leave at 3:00. Oh.

So, if we could be expeditious in our conversation here, I'd like to get through this element so Mr. Aman can vote on it. Thank you. You're welcome. Go. Now, go ahead.

Let me be very expeditious. So the reason that we want we put in condo hotel as well as hotel is that we believe the market feedback that we're getting is there is a use from families of having one two three bed accommodation uh as we went down and spoke to Margaretville at length their issue is they didn't do enough suites. We know that we needed that to bring families, transient families to the island. And I don't want us to say that it's a hotel and then anybody be surprised whatsoever as part of that hotel. There's three bedroomedroom condos that are part of the hotel that are going to be

Can't there be a three-bedroom hotel unit? Yeah. Well, yes. As long as, you know, most people don't think about a hotel having three bedroomedroom hotels, sweet rooms, right? and they got a living room and they got an efficiency kitchen and they got three bedrooms. That's not what And all I want to be is absolutely clear that if we change this language, our intent is still the same. We're just changing the language to try and clarify. Does anybody have any any upsetness over that? I think it's clear to say it's a hotel and if it's a one-bedroom or two-bedroom or threebedroom hotel unit, I mean, I've been in them before. Okay. And somebody could individually own. would like a little clarification on what the No objection. We'll take We'll delete the word.

Okay. I would like a little clarification on what the difference in your opinion is between the hotel and the condo residences. How how are they going to be different? Uh very very simply, the condo residences will be for sale. They're not slightly larger. I don't expect anybody with the price that they're likely to be to want them to go into a rental pool. Okay, that was my question. So, you would you have unified management for both of them?

Uh, no. I think the the um we'll have a master association. We're getting down in the weeds here. We'll end up with a master association. The condo will have its own association. The condo will want to manage their building that's separate to the management of the hotel and the condos. Um, so it won't be it'll be it it'll be a master association because you got a shared podium, shared pools and shared other things, but it won't be one association. It'll be a series of associations. But maybe I should have been clear. Rental management will be unified or will be separate for the two structures. Yes. Yes, Jim. That's our intent.

So could I summarize what I think you've come to here with density? Uh it would state the proposed development is for 150 hotel rooms and 46 multif family units. Period. The permitted density is 41 dwelling units per acre subject to the hotel equivalency factor established for the pedestrian commercial future land use map uh land use category and the town of Fort Myers Beach land development code blah blah blah and inclusive of hotel and multif family units. And I'm eliminating everything else there. Can we say a hotel units instead of hotel rooms because that way it wouldn't matter and maybe that would make because it could be a one bed. It could be a single room. It could be

so it could say hotel and multif family units. Yep. Right. Okay. Uh agreed. Yes.

Mhm. Okay. Uh development standards. the site design and development uh standards for the outrigger resort mixed use district will comply with those standards adopted by the planned development zoning district. Okay. So where we are with all of this at this moment is we've eliminated under permitted uses we've eliminated the disc discussion about public benefits under heights and stories. We've we have put a maximum building height of 158 ft under intensity and we don't discuss we're we're cutting out the stories part.

Whatever fits under 15 8 ft. We we we did not concede to the 158. I know. I'm talking about I'm talking about what the LPA's agreed to. All right. Is that I maybe I'm wrong, but I'm just trying to clarify if that's where we are. Um uh does anybody disagree with that if that's where we are? So are we taking out the number of stories when we say maximum? No. No. Well, how um if they wanted to do eight 8 foot, they won't. But if they wanted to do 8 foot ceilings or 7 foot Okay, I'm sorry. 13 a story, I think. So So are you telling me, Rich, that you object completely to the 158? You don't want that there? We we prefer to leave the 177. I know you do, but

And then we could address it. I'm assuming we're not getting to the CPD today. Oh, I wouldn't be so sure. Well, we're losing Mr. Eman. He that doesn't make us not that doesn't that doesn't stop us. Okay. We loved Doug, but he can go. But I do have a question. This kind of goes back to Don. The 158 is that kind of arbit. That's just because that's what you saw for the other. That's the highest one on the south end. And that's what I I just picked that because it's the highest one. And they happen they happen to be their other building is 158. I believe the other highest building is 158. Well, I think 177 is the right number, but I was thinking we ought to think in terms of stories because

what you're kind of asking them is to take two stories off the highest building. Well, we give them a they can put out however many stories. I'm actually not. They could do a I'm not saying they want to do this and I'm not saying it would look right, but they could do a flat roof and they'd probably pick up they might pick up 17 feet. I don't know if that if that pitch is 17 feet, they might get a floor out of that and make that building's got a whole different look at the top. I don't know. But in that context, what did you accomplish other than aesthetics? I'm trying to find a um I'm trying to find a happy place where everybody feels comfortable. And you think somebody looking up can't see the picture of anybody's going to know if it's

flatter. I think if you're in a house next door or you're in the building next door or those homes those residential that we're we're changing this from a two or threetory motel which was there before to now a to a 15 stories. If you're in one of those homes there or that area I think you have a concern with that. So I'm just trying to find something that's maybe a happy place in between. That's all. I don't think it's enough for happy.

Okay. It may not be. May May I ask a question because I'm not quite sure now uh where we're at is asking for 158 which in effect we're not going to change the height of floor tofloor heights of units because I can't sell them and you know one of the things that I've spoken about is we don't want to make compromises that doesn't get a project started and I'm unsure that if we lop off two stories and I lose those eight condominium units which is the highest value condo units that there is because they're on the highest floor. Where do I make up the difference? Are you saying because we're now limiting ourselves to 150 hotel units? Where do I make the move? And again, uh is I I would agree with the comment and I know it's self- serving. Is anybody going to know the difference between 158 and 177?

No, forget. I mean, I think it was to do an economic building that gets started, Don. Does it really really matter? I I guess does a no or a yes matter because maybe you get a no if it's not right. So, so that that's where I'm looking for. I like the project. I like a lot about it. I'm trying to find, you know, that's what I sit up here and do is represent the people of the town. So, and I would argue you still have two top floors, so you're still going to be able to sell those two top floors. Do I understand that the 158 that allows us flexibility in the other buildings to make it up? Is that you? It has to. We're not. I've got 158 ft all the way across the project. You're not going to do that because you're a class act and your project

I won't do that. But I just want to understand if I agree to it. Am I agreeing to this 158 ft? That's what the comp plan says. You know what, Mark? Ultimately, we're not the final decision makers. But Rebecca Link and John Mlan are here and they're listening to everything we're saying absolutely very attentively I might add. I I have noticed that so far they have not been disruptive. So, um I think that uh we can make this change and we can pass it or not pass it or you could tell us because you brought this to us. We don't accept that modification in which case we leave it at your 190 whatever which I scribbled through 195 and we leave it at that and then it goes to them.

But I think technically the language is 177 in here but that's what it would be. Okay. the one maybe that's maybe that stays and then maybe that is it's a no from us or it's a yes from us but it goes on to them that's that's your decision. I I understand that. So just again just clarification if we say 158 you're giving us the flexibility to move other buildings up to compensate for what we're bringing the residential down to 158. Well Mark we haven't gotten to the CPD yet. No, agreed. But clearly we're theoretically in my mind I think yes. I mean and I'm the one that proposed 158. So I would say in my mind yes.

Okay. So I think if that's the case and that's what we're agreeing to uh I will reluctantly agree to that. Yes. Boy, we build a box. We haven't had a discussion about density. Uh we Yeah, we did. What would you What else would you like to discuss? What would you like to discuss about density?

Well, uh under 144 rooms by right along with 10,000 square ft was, you know, uh a density of 37 dwelling units acre. going to 196 rooms with 46,000 square ft of commercial space increases it to 41 and does anyone have a problem with density? Um, and just I'll throw this out a quick comparison. I think Seagate was 15. So this is a much denser development. It's much denser. That is true. It's much denser.

So can I chime in on that real quick since we're short? Density is essentially a component of residential. So since you're limiting by the language to 49, it's technically 13.8 dwelling units per acre. The hotel doesn't count in that calculation of those units. What can you say that the hotel rooms don't count towards the density calculation? We just have a weird thing where we use density and a multiplier to count. Yeah. If you take 49 and divide it by 3.5 was outrigger. I'd like the three extra units. There's only 46. I'm sorry. 46. Sorry. Outrigger was 144 hotel rooms, right? So the hotel rooms didn't count.

No, the comp plan in that table you saw is doing a weird conversion of what hotel rooms per acre with a multi. It's I don't want to get into that. So you're clearly spelling out 150 hotel rooms in the 46 apartments or multif family, excuse me, condos. I don't think you even need the density calculation in there. You spelled out your numbers. I agree. Okay. I'm not saying Jim agrees, but I agree. It's 259. What's 259, Jane? Today, right now. Oh, I Oh, I have a clock here.

Thank you, though. Okay. Um, Doug, is it gonna I I hate to rush this. Is it going to bother you if we don't vote in your or do Um, no, not at all. I think there's been a lot of good discussion and I do you have I respect my colleagues opinions. Do you have any parting thoughts? Uh my only thought is the um the 158 number seems slightly arbitrary but I what it amounts to is taking off two stories and making it 11 stories above parking instead of 13.

Which if that's acceptable to uh the developer I think that would be I think the height is the the sticking point. And I mean the negatives of the project that was like 50/50. I got like half the emails we got were all for it and half were dead set against it. But the people that were dead set it seemed like the height was the real stumbling block which it has been on like Seagate too. Mhm. So that's my only my thought was if a compromise on height if that could work without disrupting the architecture because it it's a nice layout and it is I don't want to compromise their design. Mhm.

But that's my thoughts. It's 19 ft. It's 19 ft. It's 19 ft. 19 ft. It's two or three people. Yeah. I mean it's 19 ft and I mean the first floor is 21 ft. Does the first floor have to be 21 feet? Maybe not. Maybe it could be 19. You pick up two feet there. I don't know. So anyway, you're the engineer. I'm listening. Okay. Thank you. To Don's point, that would also be the book end because point of stero happens to be 15. That's why he got it. It seemed arbitrary, but that's exactly what I did. That's where the other Well, and their other buildings are 158 using it for because of that.

But 158 is the other town. the second tower. There are other towers 158. Yeah. Yeah. And again, with some architectural changes, they might be able to make them look different. And they're not sitting next to each other, so they'll probably look different heights anyway. Yeah. Okay. So, um, Doug, I'm just going to let the record reflect that Doug is, uh, departing and, um, I am just going to say ask Jason, do you think feel that the density section of this, uh, comp plan amendment is clear and adequate?

Yeah. So, I confer with the applicant's attorney in that sentence. The permitted density 39.5 units subject to God, do I need reading glasses? hotel equivalency factor established for the blah blah blah. Right. That whole sentence is unnecessary. Wait, wait, go back. That sentence under density starting at the permitted density is yes, that entire sentence is unnecessary because you're defining the units. Correct. We're not using this to do math later on. We've done the math. Correct. I wanted to throw one more wrench in here, but may I? And in fairness, let let's we're gonna use we're gonna lose two floors. Mark just told you that was eight units, right?

Eight units. He'd like the option to have those eight units become hotel units. So that and where'd you go? Sorry. And I don't think that's an unfair request because he he may not be able to put those eight condo units in the hotel building, but he wants to recover the economic loss of those eight units. So trading them for hotel rooms, I don't think is unreasonable request. So he gets 196 total or he's asking for or he's asking for 204. Uh if really I'm asking for similar square footage that gets converted to hotel units and I can tell you what that is off the top of my head, right? In the other building. Yes. Yes.

So just phrase it which is No. He's saying that the square footage would be broke down into more hotel rooms, right? What about having you know your penthouse twotory penthouse on top of wherever you're going to put it and have a direct keyed lane? Lovely idea. I don't think I have a chance of selling Well, not not only that, but we're we're getting way too we're too particular here that you you want to lay out the parameters. Here's the parameter. So, whatever he can fit in the 158 to have more units.

It's 196 units. If you were losing eight, you'd technically go to 188, right? But we're saying it's 196 units still. We're not cutting the units. But you're agreeing that if we cut back eight residential units, that can be a trade to larger hotel units. Well, that's not what this says. That's what we're asking. He's just asking for that because I think that's what Don was saying. Look, you can take the height down, but you can increase the height elsewhere. Well, there's no point in increasing the height if I can't make the economic value.

Yeah. I mean, for instance, on the three-story building, if he said, "Hey, I want to put, you know, 10 units on the do one more floor on top of that, and there's 10 hotel units that are there." I mean, it's it's still the same square footage that we've agreed to or the hotel building itself, right? Or in the hotel building, right? So, basically, as I understand your code, one residential unit equals three, depending on the size of the unit, hotel rooms. So if he gives up, by way of the math, he gives up eight, you would now have 42, I'm sorry, eight, you'd have 38 condo units and you'd add 24, so you'd have 174 hotel rooms.

And if but if those are the numbers you want, they need to be memorialized here. That's an I mean, clearly Anita, that's an ask, right? If we're taking it out of the one building and yes, you could add it back to the other buildings. Is it reasonable? I My preference is for the hotel rooms. I think that's what Fort Myers Beach needs. And that's what he's saying. And yes, 24. I think it's fine. 24. So we have an additional 24 hotels. Exactly. Because he might put two more floors on top of that three-story building is what he's saying. That's the consequence. Right. Yeah. Do you have the parking for that?

So So I think it is in the event that we Right. We're going to come down two floors. If we if in the event that gets rid of eight condo units, we have the flexibility to add that back to hotel units. I have a suggestion. We need to go and obviously we need to go and study this architecture within the same. You're saying within the same the same footprint though, right? Yes. Yes. The same footprint. It just changes. How about instead of memorializing that here today, we leave it as it is and you take that proposal to the to the uh town council because they still can change everything we've said. They could say, "Well, then OPA is crazy." They can, but I think if we had a a a relatively heavily supported,

could we just say either or they can you can take the the residential units and put them wherever you want or you can change it to 24. But do we care if it's on capped at 196? I don't you can make any combination. It won't be. It won't be 196 three for one. It would be it would be more because he'll still can I appreciate the equivalency factor but more it can be whatever number you want. Right. So number it can be any number you want. It can be any number you want. And I think what we don't want to do is go back to it could be 196 residential. Right. Right. So that's the that's the trade-off you're trying. I haven't heard is is anybody here worried about 24 more hotel rooms? No.

No I'm not. Neither am I. So, so all we're asking is we can convert residential units, the multif family units at 3:1. Just put that provision in there. We can go to 3 to one up to eight residential units. We're going to say 24 and you do the math. How'd that work for you? Because that's the same math. It is. But if we if we only do let's just say he only gives up four units. You don't want to give me 24 for four, do you? I'll take right. But Rich, the problem is it's written here. So what's your number? Well, that's No, what I'm suggesting is we add a phrase. You asked us to bring the height down. Okay. Oh, we're coming down. You want You want a phrase that that includes flexibility. Let We're gonna take a um we're going to take a 10-minute break and you and Jason decide that.

Yep. Okay. 10-minute break. Jason was

respectfully to make decisions on the fly. Um, which um is certainly your prerogative and we we totally get that. But I think also we want to make sure that we have the opportunity to think about this and look at it and how does it affect the site plan? How do we make up these difference in the units? Um, and just making sure that we all agree the language that we're talking about is good, right? Because the language of the the agreement matters. So, I think we would like to suggest that we have a continuence today. I'd like to make sure that when we come back, I want to be able to make the council meetings in May and June. And obviously, that puts us under some pressure in order to do that. Um, uh, but I think that's probably the best way. And I'd like to make sure that all of you are able to be present. I think it's really important and certainly your opinion matters and I think also um we obviously want to make sure that we're getting a majority vote and if one's missing it becomes very difficult uh in case there's a split. So um that that's our that's our request.

Is anybody opposed to a continuence at this point? Not at all. And nor am I. We got to get we want to get it right. We want to get it right. Exactly. So, could I adjust, Madam Chair? That would be a continuence of all items that are on today's agenda related to London Bay. That's correct. And we would have to open the public hearing and do a date certain for each one. Okay. I'll be happy to do that if we can come up with a date. So, uh Rich, were you going to just wait for the date?

Okay. So, um, uh, members of the LPA, could you open up your calendars and tell me, uh, next week is out because the, um, our two friends at the end of the DAS here will be out of town. Um but the following week 27 28 2930 uh Jason is looking tired just at the both Jasons are at the thought of this but does does anybody have any of any any day that's better than others is is it possible how about for you Don open all four days yes ma'am Don 28th is the only day is the only day you're available

okay so now we're down to only to the 28th. Jane, any objections to the 28th? I unfortunately Rich is in county commission hearings in Kia County on the 28th. 28th is with all the commissioners on the 29th is the is the meeting. So that's 27th and 28th. I'm out. Okay. I I have conflicts as well. Um I'm available the 30th and the 1st. What about I know you said the 21st. What about the 20th? the day before you've set I think they're I think that they are out all Are you all out all week? Yeah, I'm 20 council presentation council meeting. That's right. There's

But I'll be out starting the morning of the night. Half a day probably. Council meeting won't go all day. Knock on wood. But you're out, Don. Uh but can you zoom on any of those days? Nope. Sorry. Moon mission. Well, how about you guys? Are you more flexible? Any day you want, chairman. Now, that's the way everybody should reply. I just want you all to take an example. Okay. May 12th, I have an LPA meeting. How about you, uh, Ed? Are you in town? Do you have any schedule conflicts? Because now we're

I I do um until we get into May, actually, unless it was the uh the 29th and I know we already know that won't work. Okay. So now let's ask first the first I would be fine too. You're you're fine on the first but Amy told me that everything has to be wrapped up by the first to not interrupt the council schedule. Is that accurate? Is wrapped up the first? Does the f is the first is the first an option is for me done? No. Well when are you available? I'm available this week.

I was available today all day. So gentlemen, that that's that's an interesting uh proposition there. Tomorrow is Wednesday. So tomorrow is Wednesday. Um what about Friday? What about this Friday, the 17th? Yeah, I guess I would ask, are you guys with three days get you ready? I think it's better than on the fly. Yeah, Friday works. Friday. Doesn't for me. What is Amy? Amy doesn't for me. Amy, could you call Doug and see if it doesn't work for Dunlap? He says it doesn't work for Dunlap. No.

Are you kidding me? No, it doesn't work for me either. And it doesn't work for Nancy. All right. What about the 16th? What's the 16th? 16th of what? Oh, Thursday. Thursday. Yeah. doesn't work for anybody. Got to go to May. I have a 5:00 if you want full. Okay, let's let's uh let's take a moment here. Uh the goal is not to interrupt the council's schedule. So, currently had we breezed through this today, you would have gone to the council at the second meeting. Is that right? It was May 18th. It was the original plan.

The original plan was the 18th. So they would have gone in on the 18th and again on second reading in June on the 1st of June. Nope. Second meeting in June. Uh the second meeting of June the 15th. Generally just remember your two your first reading second meeting are we're preparing final ordinances and documents. That's a lot of work. Can we go to the council on June 1st and June 18th and skip us? No skip. Assuming we go to your May 12th regular meeting or some other day in May, could they go to June 1st and June 15th? That's my concern is that spacing is the agenda items are due that same week. That one's

already due. They're already due, I should say, for the uh second meeting in June and it's a lot to prepare accurately. We always that answer no. I pref I mean I'm going to do whatever you tell me to do but so the other I don't know how can I add something to so Amy and I have just looked at the 21st we have three variances right now that are scheduled there we could if if it it's a date that might be available to everyone it's not though they're not the 21st they wanted to

the other um consideration I would put on the table um and Jason like you said you'd like to keep your job I'd like to keep my job too. But um town council could have a special meeting on London Bay because as you've seen today's meeting has gone very lengthy because of the policy considerations um which could still possibly accommodate um you know the the scheduling right and so in that case I think the if that means bump to May bump to June first reading if they had a special meeting in late June that could still accommodate that and just give us time to prepare but that's up to council obviously. So

Amy, could you get Doug on the um on the phone and let's see if we can figure out a day in May because if that's possible. Uh Doug, hey John, Rebecca, do you think you think you all would object to a special meeting? I think we go through the same thing. Y took a break. Can you pass? We already we we took a break and we came to this and and we have to con we have to uh continue this to a date certain. That's why we're having a public conversation about this. Um

I just like to let you know that I'm available pretty much the entire month of June. That's what it's going to take. John, he's an accommodating guy. Uh, I'm available the month of June. Great. Rebecca, are you leaving town?

NP meeting. There you go. Okay. So, there's flex. So, there's flexibility there, Amy. Do you think go to May? Excellent. We go to May 12. So, let's go to the earliest date possible in May. Do we have Doug on the phone? Nancy. I was looking forward to May one does not work. I don't May one does not work. It does not work. Does not work. May one does not work. Okay. So, can can can the folks with conflicts tell me what day works? May uh are we saying before May 12th? Because May 12th is an LPA. Possible. Yeah. So, the afternoon of the 4th. It doesn't come to meeting, right? It would be the afternoon. Fourth, fifth. I I would be available the sixth,

7th that week. Hang on. Actually, the sixth I'll be I'll be on a plane. 7th and 8th. Okay. So, May 7th or 8th? Yep. Done. I have a haircut, but I could move it. How How does How does He needs a haircut. How How does the eighth world begin? Because we've got a conflict on our side. I'm on a plane on the We're looking at May 8th right now. Anything from you guys? I'm good on Everybody's good on 8th. Is Doug good on ETH? Cuz he's on his way to Anything we can threaten him with to clear up your calendar. I've got something. All right. Okay. All right. Are you okay on the ETH?

Yeah. Okay. May It's my birthday then. Okay. Oh, the last You get no for a present. Okay. So, we would continue this to a date certain of May 8th at 9:00 a.m. Oh, we got to do 9:00 a.m. I have got such a headache. Gives you a lot of time, Jason. It's done last time. Jeez, problem. So, what would just just add it so I can just figure out what just happened in my world? When would when would we go to the council? Same dates. Same dates. Your dates? No. that um no,

you would likely go to council um June 1st and June 15th or they would create a special date for you. They they would have to create a special date. Rebecca said MMP or something like that. That's a great idea. The queen of the schedule is right at the end of the dis here. Amy holds the keys to the schedule. She looks like she's, you know, like not dangerous at all, but believe me, she is. You could be on the June 1st agenda and then they'd have to create a special meeting. If we think we can get a special meeting that gets us no way to know that. Yeah, that's not for me to What's that?

The first the first council meeting would be No, but Mark is saying that they are unavailable on June 1st. Right. Yeah. So, establish a new meeting. That would be their first reading. So, you guys couldn't come up with verbiage on the fly to fit in to make it work. And and you know what? This is not an on the-fly gig. It just isn't effect. It's just the ripple effect. You're not going to have the PD master plan in front of you. So, today we need to build a wave wall around this thing. Yeah. Wave wall. You know what? I am uh

who decides who decides the um council's agenda? Council. Is it you, Amy, or is it the mayor? You mean the mayor at all? Council. Council. Council as a whole. So, just give me one second. Highly irregular. Well, don't council. You need the council as a whole. I know we need the whole council, but I'm just going to the mayor. No, we need a golf cart. He'll answer. Should we go on a break? Yeah, let's take a five. No, no, no, no. Everybody knows I'm calling him right this second and he's not answering his phone. He's watching. Yeah, cuz

Oh, you are answering. Okay, Dan, you're you're live on this meeting. So, we're trying to continue the we're trying to continue this LPA meeting and uh and not screw up the council's agenda, but they're likely going to need a special meeting in June. And I'm trying to assure them of that special meeting. You have two other council members who are here whose months are wide open. Uh and well, they're not going to vote on it. And so, it's a consensus. I'm just uh I'm just affirming with you that there's flexibility in that June schedule.

Well, I'm just want to make sure with that comment on this not

Dan wants Dan wants Dan wants to be assured that this isn't a sunshine conflict about the schedule. Sunshine basically says that just took a deep breath. Two or more council members will not discuss a matter that is foreseeable to come before them. Um do you consider scheduling a matter if there is going to be a vote by the town council? However, there is no sunshine issue between you and the mayor since you serve on no sunshine issue between you and me. You know what? I'm going to hang up my phone. We're going to do what we're going to do and you guys are going to have to pick up the pieces. Okay. Byebye.

Okay. So, I basically said we're going to do what we do and then the council will have to decide what you your your job will be with the council. So, Mark, are you going to continue this meeting until May 8th, date specific at 9:00 a.m. at May? We're good. You won't be condition. Yeah. Give Rich a really nice birthday present that day. Yeah. Right. Yeah. Um Yeah. May 8th. We'll ask for a continuence until May 8th. Thank you very much. Okay. need a vote. Okay. I make a motion

that we continue ordinance 2604 CPA 202467 6200 F-Zero Boulevard outrigger mixed uh resort mixed use CPA text until May 8th at 9:00. Second. Okay. So, there's a motion and a second uh to continue this uh meeting to May 8th. Uh we're going to have to go through each of the elements in this agenda to do this all over again. So, stay tuned. Uh and there's a motion and a second. Jason, are you are you continuing each item individually?

We're going to continue each item individually. Yes. Because they're all public hearings. Okay. So, um uh this doesn't have to be a roll call vote, though. Um, so all in favor of the continuence to May 8th, I Anyone opposed? Okay. So with this this this hearing continues now make a motion to continue because we have to open the public hearings because they're advertised. So hold on one minute. Hold on one minute. Um, Nancy, I'd just like to go on the record that I did not reflect anything that Dan said. So there's no sunshine thing. Okay. Are you comfortable? There was no decision made. And there was no decision. No interaction. No interaction. It's fine. Thank you. Okay.

Okay. So, and now I'm going to I'm going to read the ordinance for letter B and and all we're going to do is open the public hearing. Is that right? And let people speak if they wish to, Nancy. Is that correct? Yes.

And then we're going to continue them. Okay. So the next the next section if this were a regularly scheduled advertisement is ordinance 2603 CPA 2020 202 4000676200 EO Boulevard the outrigger mixed resort use CPA map amendment an ordinance of the town of Fort Myers Beach Florida amending town of Fort Myers Beach future land use map 2045 adopted December 1st 2025 for the portion of the property located at 62 3200 EO Boulevard identified as strap number 334624 W30000001200000000 that is landlord of the 1978 coastal construction control line in Fort Myers Beach providing for clarifications as necessary providing for conflicts of law scrier's errors severability and providing for an effective date and I'm opening this public hearing this is also legislative in nature uh we're not going to accept any testimony ies here because we're going to continue this, but there is public comment. So, if any of you have something you'd like to say, you're welcome to. And hearing none, we'll close. Are we getting up, Terry?

Okay, come on. Absolutely. Thanks,

Terry Kane. Um, regarding maps, I happen to like maps. I used maps for a long time in my other life. And um that's my concern was the map that you saw earlier today and um where the property lines were. And then I was told well the wet sand or the high tide mark which is when they do surveys and as you all well know every single property on Fort Myers Beach that's on the golf has a different property line. Some of them are up higher, some of them are lower. Some of them do go to the wet sand. Not a whole lot of them. Some of the very old ones go to the wet sand. So I am concerned in regard to changing the map into what the request was as far as the lines that are on the map that was presented that it goes down to the wet sand. It wasn't into the high tine zone. Thank you.

Thank you, Terry. Anybody else have something they'd like to say here? Okay, we'll close the public comment. Um, may I have a motion, please, to continue this hearing to a date certain of May 8th, 9:00 am. So move. Thank you, Jim. Second. Thank you, Jane. Any discussion on the motion? Hearing none. All in favor? I.

Any objection? None. Motion carries unanimously. This item is continued to May 8th at 9:00 a.m. Next item, ordinance 2605. This is the CPD CPD 20240061 2024 0061 6200 EO Boulevard the outrigger resort mixed use. This is an ordinance of the town of Fort Myers Beach, Florida, approving approving with conditions denying a reszoning of a property located at 6200 EO Boulevard, Fort Myers Beach, generally identified as strap number 334624 W30012000000 from a previously approved commercial plan development, Outrigger Beach Resort, to a planned commercial plan development with 12 deviations to allow for a 46 dwelling units, 150 hotel rooms, and 4,6 no 46,000 square ft of commercial use, and 340 parking spaces, providing for other clarifications as necessary, providing for conflicts of law, scrier's errors, severability, and providing for an effective date. And now, Nancy, do we need to state our exparte at this point, or do we save that? No, we're not um we're not going to go into the quasi judicial component at this point. Okay. I have a question. You can preserve that testimony for the next meeting.

Okay. Thank you. Do we need to correct the verbiage of the hotel room? No, because we haven't changed anything yet. This is just a continuence of postert. Okay. So, I'm going to open the public hearing. Does anybody wish to comment on this? Yes, sir.

Only because I haven't been at these meetings before and and understand the process. Can you state your name for the record? Yes, please. Can you state your name? David O'Brien. Thank you, David. Um, are we is this the only opportunity for public comment on the rest of these agenda items or with the continuence? Do we have that option at the next meeting? Yes, you'll have all the same options as you have today. Then I have no comment now. Yes, sir. Thank you very much. Anyone else? Hearing none, we'll close the public comment. May I have a motion, please, to continue this hearing to a date specific of May 8th at 9:00 a.m. So, your name gets in the minutes. A second.

Okay. The motion is made by Jane and seconded by Ed Skunover. Any discussion on the motion? Any objection to the motion? The motion carries unanimously. The next item

is the special exception for uh SEZ 20241126200 EO Boulevard outrigger resort mixeduse special exception. This is a special exception for construction in the environmentally critical zone. A resolution of the town council of the town of Fort Myers Beach, Florida, approving, approving with conditions, or denying a special exception SEZ 2024112 to allow reconstruction of a major accessory structure in the environmentally critical zoning district as authorized by section 6366 of the town of Fort Myers Beach Land Development Code for a property located at 6200 EO Boulevard providing for Scrier's errors, severability, and an effective date and I'll open the public comment. This is for construction of the tiki bar. Yes, sir. Come back up, David.

Uh David O'Brien, uh resident of Gulfite 12. Uh this is one issue that I'll make a comment on at this meeting and probably at the next meeting as well. It's a a very important issue to our development to have the developer reconsider moving the tiki bar from our property line that abuts their property line to a more central location on uh the developed property. Uh we don't think that there's any way to buffer our residential uh property from the activity that's going to go on at the tiki bar. It's uh the way it's been described. It's going to have a lot of activity, a lot of traffic. Uh we would prefer to see that in the middle since there's residential properties on both sides of the property under development. It makes more sense to us to move it to the middle. That's closer to where the old tiki bar was anyway. It the old tiki bar was not where the accessory building was. And I think it only is planned there because it was a bigger building. they can build a bigger tiki bar on the same location that that accessory building was. So, we would ask uh the the planning agency to to try and urge the developer to move that in a in a better location. Thank

Thank you very much. Any other comments? Terry, I have a comment. Terry Kaine. Um I'm a little nervous about I'm a lot nervous about this one because it's uh changing um environmentally, you know, allowing something to be built in the critical environmental zone. And to me, that's kind of a slippery slope. Um this will be the beginning. Who's to say who's going to come in next and expect to be okayed by the town to um construct something in the environmentally critical zoning? So, that's a great concern. and I will not be here the 8th. So that's my comment. Thank you.

Thank you very much, Terry. Um, one question I Can I see if anybody else wants to speak first? Go ahead. Come on up.

Hi, I'm Sarah Peek again from 6100 Astero Boulevard. I agree about moving the tiki bar to a central location. If they're truly interested in having a vibe and a a reestablishment of what a a somewhat of what was there, it'll never be what was there. It should be centrally located and incorporated into the vibe of the place. As it is on that calendar or the map right now, you can see it's an afterthought. It's over to the side. It may never get built. It's over the line. So, that's my opinion. Thank you very much. Anyone else? Okay. Thank you all. I have a question. Jane,

um is is the reason why this is being put out on the critically um in the critical environment era area because of that exterior building that was supposed was out there somewhere. Does anybody have a picture of this? I don't recall this building ever being there. I do. Yeah, I do. I was there. I was there a long time. What was it? merchandise, bike rentals, water sports. It was a permanent building a little structure storage. They had store had like a little pouch, a little porch on it. Yeah. But you know what? Uh we're going to continue this and we can discuss it. Good idea. Well, I was just going to ask them to bring a picture if they could find one. I'm sure they can.

I can probably find one. Okay. So, uh, may I have a motion, please, to continue this hearing to a date certain of of May 8th, 9:00 a.m. Thank Thank you, Ed. Got now. Okay. Is Is there a second? I second.

And there's a second. So, there's a motion and a second to continue this until May 8th. Is there any objection to that motion? Uh, and hearing none, the motion carries unanimously. The last the last one is variance 20250299 6200 EO Boulevard outrigger uh redevelopment of variance a resolution of the Fort Myers Beach Local Planning Agency approving approving with conditions or denying variance 20250299 requesting a variance of 15 ft reduction to the required 25- ft sideyard setback for an accessory structure to the outrigger resort in the EC zoning district to allow a 10-ft side yard setback in order to accommodate the historical location of the tiki hut for the property located at 6200 EO Boulevard generally referred to as strap number 334624 W300120000 in Fort Myers Beach and providing for other clarifications as necessary providing for conflicts of NOS law script Scrivener's error, severability, and providing for an effective date. Then I'll open the public hearing. Anybody have any comment on this? Yes, Terry.

I'll comment on this one, but Anita, I think you missed E. I missed what, honey? E. We'll go back to that. Okay. Yeah, you can go back to it. So, I'll comment on this. Oh, Lord, you're right. It's been a long day, though. It's been a long day. Thank you, Terry. That's okay. But um again, this is a a foot back um so that this accessory structure could go into the EC zoning. So, of course, I have uh concerns there. I am not a local neighbor here. My I'm in the middle of the island, but I would still be upset with the setbacks being so small and next door to a bar. Thank you. Thanks, Terry. Anyone else? Yes, sir.

Same comments as before, David. Huh? As far as the setback goes, that that David, say your name. David O'Brien. Yes. Thank you. Um, sorry. It's okay.

Uh, as far as a setback goes, that that my previous comments uh apply to that as well, that we don't want it next to our property line. And when you talk about a historical location, my understanding from the plat that I saw for the outrigger property put the tiki bar again more central to the property and almost 90% of it was behind the CCL and I think that's where it should be is behind the CCL. Uh put the other 10% behind the CCL and put it in the middle of the property.

Thank you, sir. Anyone else? Thank you all. Um, public comment is closed. May I have a motion, please, to continue variance 20250299 to a date certain of May 8th at 9:00 a.m. So moved. Seconded.

Second. Okay. Uh, thank you. There's a motion and a second. Is there any objection to that motion of continuence? Hearing none, the motion carries unanimously. Thank you. I'm going to move back to item E, which is the special exception for COP. Uh, SEZ 202240112 at 6200 EO Boulevard, COP, a resolution of the town council of the town of Fort Myers Beach, Florida, approving approving with conditions or denying the special exception SEZ 2024112 to allow expansion of consumption on premises in the environmentally critical EC zoning district as per land development code section 341264G1 for property located at 6200 Eststerero Boulevard providing scrier providing scrier's errors severability and an effective date. Is there anyone who'd like to speak on this? Hearing none. May I have a motion please to continue the special exception?

Second. That's to a date certain of May 8th at 9:00 a.m. There's a motion and a second. Thank you. Any discussion? Uh all in favor say I. I. I. Any opposed? Okay. The motion carries unanimously with Doug being absent of course. Okay, thank you all very much. So, all of this will be continued to May 8th. We'll start all over again without

and uh and um I I thank you all for being here. Uh we still have a few items on the agenda to to finish here, but the public hearings are finished. Thank you, Mr. Wilson, for your accommodations and um uh and Rich, thank you very much. I appreciate all your staff time and we'll look forward to seeing you on the 8th. So, Madame Chair, um I did look at the procedural rules for town council and the town manager and the town attorney can establish what the date is for a special meeting and so we will announce that at the meeting on the 20th.

Wonderful news. Great, Nancy. Thank you so much. Thank you so much. Okay. Uh I'm going to keep using your agenda because mine's buried somewhere. Okay. Okay. So, the next item is the administrative agenda, LPA items and reports. Nothing. Uh Jane, anything? Um just to let the people know that there's going to be a health uh awareness um April 18th. The 18th, Saturday and Sunday, I believe, at uh Villa. So, just letting you know it's free to go and they're going to have 25 vendors there. Everybody, if you could keep it down, please. I'd appreciate it very much.

Thank you. Okay. Uh, anything else, Jane? No. How about you, Jim? I'd like to welcome Ed. And this was definitely a baptism by fire this meeting. New. Yes. Ed, anything? Nothing to add. Thank you. We're happy to have you. Very happy to have you. Uh the only thing I was going to bring up today is a uh I would like us to put on our agenda before we go on summer break. A discussion of the special benefits ordinance. Jason, don't look like that. Did you say no? What' you say? What kind of ordinance? Public benefit. Public benefit. You said special benefit.

Well, I mean special benefits. Special benefits. Okay. All right. Oh gosh, I'm tired. He's giving you that look. Um, I know he is. That's all right. Uh, Nancy, do you have any items? Um, no. Other than the the announcement that I made, um, and I'll be working with Jason. What we'll try to do um is maybe get some language on the screens so that when you guys are

discussing it um because quite candidly um I have many scratchouts as as the um the conversation was evolving um and it is very important that we have a real good understanding of what the you know motion actually says what the language says. Nancy, couldn't we do it like we did the charter review? That's what I was gonna try to do. That that worked so well. I think it would. Yeah. Yeah. We just didn't have the the proper, you know, versions and formatting, but we will we'll go that route.

Okay. So, I just want to thank uh you Nancy and Amy and the two Jasons. Uh you know, this was a twirly meeting, but um I think it was productive and I Nancy, I appreciate you always keeping me on the straight and narrow because it's a very big task. meeting. So there is no meeting on the 21st. Now there is a meeting there is a meeting still. So what the our rules say that we have to make sure the town clerk is aware of our absence. Otherwise it's unexcused by default. Um the ones we just looked at today. So I will not be here on the 21st. Amy, neither will I. Amy, we have a quarum. Yep. Yeah, we'll still have a Are you going to be here, Jane?

I do plan to be here. I am going to be here and going to be here. Okay. Just want to clarify. Thanks. 21st. No, no, no. He's not here to Okay. Um Jason or Jason, anything uh you'd like to report? No. This is why you make the big bucks, Jason. Okay. So, items for next month's agenda. We we already know what that is. And uh thank you all very much. We'll I'll entertain a motion for adjournment at 58. Second. Thank you. Thank you. How long does that mean?