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BOOK – 2011Z - B.O.C.C.------------------------------------
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JANUARY 10, 2011
The
Zoning Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
Frank B. Mann, Chairman
John E. Manning, Vice Chairman
A. Brian Bigelow
Ray Judah
Tammara Hall
The Chairman called the meeting to order at 9:30 a.m.
A COPY OF THE
HEARING EXAMINER’S RECOMMENDATION
IS ON FILE IN THE MINUTES
OFFICE.
PUBLIC COMMENT ON VAC2010-00006 and DCI2009-00020 WERE HEARD SIMULTANEOUSLY, IN
REVERSE AGENDA ORDER, WITH THE MOTIONS TAKEN INDIVIDUALLY.
9:30 A.M. AGENDA ITEM NO. 1 –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution for Petition No. VAC2010-00006, submitted by
James Ink on behalf of Diversified Yacht Services, Inc., to vacate 10-foot wide portions of San
Carlos Drive right –of-way; and 4-foot wide Utility Easements of the Diversified Yacht Services
centered along the common lot line between Lots 7 and 24, Lots 6 and 25, Lots 5 and 6 and Lots 5
and 25, Block 7, San Carlos on the Gulf recorded in Plat Book 6 at Page 6 of the Public Records
of Lee County, Florida, together with a 10-foot wide strip along the east side of San Carlos Drive
from Fisherman’s Wharf north abutting the boatyard site. Within that portion of the roadway
right-of-way proposed for vacation, Lee County Utilities maintains existing facilities for which
replacement easements, in favor of Lee County Utilities, will be recorded simultaneous with
recording of the vacation. The site is located at 713 Fisherman’s Wharf, Fort Myers Beach,
Florida, and its STRAP Numbers are 24-46-23-10-00006.0000, 24-46-23-10-00001.0000, 24-46-
23-10-00007.0020, 24-46-23-10-00007.005A, 24-46-23-10-00007.0230, 24-46-23-10-
00007.025A, 24-46-23-10-00007.0070, and 24-46-23-10-00000.006A.
(
#20101137-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Extinguishes the platted utility easements and portions of the roadway right-of-way removing site
encumbrances to allow redevelopment of the site as a boatyard. There are no existing facilities
within the Public Utility Easement, and the easement is not necessary to accommodate any future
utility installation requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Michael Jacob approved, as to legal form and sufficiency, the
Affidavit of Publication
for
this item, entered it into the record, and briefly explained the request. Community Development Principal Planner
Alvin “Chip” Block advised that the Petition to Vacate was a companion case to the Rezoning request below which, if
approved, required individual motions. He also advised that members of the public could speak only to the vacation
portion of the proceedings and only participants of record could speak to the rezoning portion. The Chairman called
for public comment on the Petition to Vacate; however, no one came forward. Commissioner Judah moved approval,
seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-01-20
CASE NUMBER: VAC2010-00006 and DCI2009-00020
NAME: DIVERSIFIED YACHT BOAT YARD
REQUEST: Rezone 2.41 ± acres from Light Industrial (LI) and Commercial (C-1) to
Industrial Planned Development (IPD), to redevelop the site with a boat yard
and marina with a maximum building height of 65 feet. The site is already
connected to potable water and sanitary sewer services. No development
blasting is proposed.
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BOOK – 2011Z - B.O.C.C.------------------------------------
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LOCATION: Property is located at 731 Fisherman’s Wharf, Iona/McGregor Planning Community,
Lee County, Florida.
PROPERTY OWNER’S
REPRESENTATIVE
James Ink, Inkwerks
239-334-2450
Community Development Principal Planner Alvin “Chip” Block reviewed the request; noted that Staff and the
Hearing Examiner (HE) recommended approval; outlined the various conditions; and noted there were three (3)
Participants of Record. Environmental Sciences Planner Doug Griffith, Department of Transportation Planning
Manager Andy Getch and Mr. Block responded to Board questions. Attorney Matthew Uhle, of the law firm Knott,
Consoer, Ebelini, Hart, & Swett, P.A., on behalf of the Applicant, confirmed agreement with the Staff and Hearing
Examiner’s recommendation and outlined benefits of the project which was deemed compatible with the Lee Plan.
Mr. Uhle responded to Board questions, provided background on the property and a rendering of the site that was also
contained in the back-up materials. He advised that Mr. Ink was also present to respond to any questions. The
Chairman called on the Participants of Record, and the following Participant came forward:
James Carroll
Commissioner Judah moved approval of the HE’s recommendation, seconded by Commissioner Manning, called and
carried.
RESOLUTION NO. Z-10-027
CASE NUMBER: DCI2010-00017 and REZ2010-00006
NAME: PALMONA PARK GOODWILL HOUSING
REQUEST: 1) Rezone 1.15 ± acres from Community Facilities (CF) to Residential
Planned Development (RPD), to permit a maximum of 14 dwelling units
in seven buildings (duplexes) with a maximum height of 35 feet/one
story. Potable water and sanitary sewer services will be provided. No
development blasting is proposed.
2) Participate in the Lee County’s Housing Bonus Density Program
utilizing site-specific density bonus (Option 1) to develop three (3) bonus
density dwelling units for eligible special needs households through an
affordable housing program pursuant to LDC Section 34-1518. The total
proposed density of the Project is 12.2 dwelling units per acre in the
Central Urban future land use category.
LOCATION: Property is located at 415, 421, 427, and 431 Monterey Street, and 420, 430, 434, and
438 Capitol Street, North Fort Myers Planning Community, Lee County, Florida.
PROPERTY OWNER’S
REPRESENTATIVE
Veronica Martin, TDM Consulting
239-433-4231
Community Development Principal Planner Alvin “Chip” Block reviewed the request; noted that Staff and the
Hearing Examiner (HE) recommended approval with conditions; and noted there were two (2) Participants of Record.
TDM Consulting representative Veronica Martin addressed the Board on behalf of the applicant, Goodwill Industries,
noted satisfaction with the HE’s recommendation, with the exception of Condition 5 (a); and request a modification to
allow an administrative deviation to work with Staff during the development order process on necessary road and
sidewalk improvements. Discussion ensued with responses to Board questions provided by Mr. Block, Department of
Transportation (DOT) Planning Manager Andy Getch, and Assistant County Attorneys Donna Marie Collins and
Michael Jacob. The Chairman called on the Participants of Record; however, no one came forward. Commissioner
Hall moved to approve the HE’s recommendation with the requested modification to Condition 5(a) that
improvements agreed to by the applicant will correspond with DOT’s improvements along Atlantic Avenue, seconded
by Commissioner Manning, called and carried.
RESOLUTION NO. Z-10-038
CASE NUMBER: DCI2009-00011
NAME: W & W SERVICE PARK
REQUEST: Rezone 4.46 ± acres from Agricultural (AG-2) to Commercial Planned
Development (CPD), for a maximum floor area of 40,000 square feet of
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BOOK – 2011Z - B.O.C.C.------------------------------------
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commercial development, including 10,000 square feet of commercial retail.
Maximum height requested is 2 stories/35 feet. No development blasting is
requested. Any development will connect to public potable water service
and public sanitary sewer service.
LOCATION: Property is located at 17321 Nalle Road, Bayshore Planning Community, Lee County,
Florida.
PROPERTY OWNER’S
REPRESENTATIVE
Robert Hutcherson, Robert Hutcherson Planning
239-850-3232
Community Development Principal Planner Alvin “Chip” Block reviewed the request; noted that during the hearing
process the applicant agreed to a maximum floor area of 30,000 square feet, and Staff and the Hearing Examiner (HE)
agreed with the reduction. Mr. Block continued that Staff and the HE recommended approval with the condition of
maximum floor area reduction; and noted there were (4) Participants of Record. Robert Hutcherson addressed the
Board on behalf of the applicant and responded to Board questions. The Chairman called on Participants of Record
and the following three (3) Participants came forward:
Representing the Concerned Citizens of Bayshore - Stephen Brodkin
Adjacent property owner – Richard Drake
Bayshore resident – Debbie Jackow
Mr. Hutcherson provided brief rebuttal on the opposition expressed by the Concerned Citizens of Bayshore. Lead
Planner Tony Palermo, Community Development Principal Planner Matt Noble and Mr. Block responded to Board
questions. Commissioner Hall moved to approve the HE recommendation with the condition that Old Florida style be
architecturally mandated, seconded by Commissioner Manning, called and carried with Commissioners Bigelow and
Judah voting nay.
RESOLUTION NO. Z-10-036
The Chairman adjourned the meeting at 10:29 a.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
___________________________________
Chairman, Lee County Commission
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