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FEBRUARY 18, 2013
The
Zoning Meeting
of the
was held this date with the following
Commissioners present:
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.
NAME: LAMAR ROAD
REQUEST : Property located at 1260, 1258, 1256, 1250 & 1240 Lamar Rd., N. Ft. Myers Planning
Community Development Principal Planner Alvin “Chip” Block reviewed the request using an aerial site depiction,
noted that both Staff and the Hearing Examiner (HE) recommended approval, and stated there were five (5)
Participants of Record. Attorney Michael Roeder of the Knott, Ebelini Law Firm, representing the Applicant,
addressed the Board and stated this was a conventional zoning request and there were no issues for discussion. The
Chairman then called on the Participants of Record and the following persons came forward:
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. Z-12-030
REQUEST: Request to rezone 36.32± acres from Marine Industrial (IM), Marine Commercial (CM),
Light Industrial (IL), Mobile Home Residential (MH-2) Mobile Home Planned
Development (MHPD) and Agricultural (AG-2) to Mixed Use Planned Development
(MPD) to allow the redevelopment of the site with a 450 unit hotel and related uses
including a 75,000 SF convention center, 271 residential units, 10,000 SF of general and
medical office, and 85,000 SF of commercial retail with a maximum building height of
230 feet. The existing marina will remain. Development of the subject property will
connect to public water and sanitary sewer.
PROPERTY OWNER’S
REPRESENTATIVE:
Joseph McHarris
(239)948-6688
Community Development Principal Planner Alvin “Chip” Block reviewed the request with the use of aerial site
photographs, noted that both Staff and the Hearing Examiner (HE) recommended approval with conditions and
deviations, and stated there were twelve (12) Participants of Record. Mr. Block briefed the Board on the planned re-
development of the site and responded to a question by Commissioner Manning regarding maximum height
determinations. Community Development Lead Planner Chahram Badamtchian responded to a question by
Commissioner Mann and pointed out that the four small islands located on the property would be covered by
conservation easements and considered as Conservation Lands. Development Services Senior Engineer Rob Price
responded to questions by Commissioner Kiker regarding the impact of increased congestion on the bridge.
Following brief commentary by the Board, Attorney Matt Uhle of the Knott, Ebelini Law Firm, on behalf of the
Applicant, utilizing a
PowerPoint study
prepared by McHarris Planning & Design (Copy on file in Minutes Office),
APPROVED MINUTES OF 021813Z
referenced language contained in the HE’s opinion and a memo from Staff providing different language from that of
the HE, and requested adoption of the language in Staff’s memo. Mr. Uhle provided a background of the property and
evolution of the current application to date. The Chairman then called for Participants of Record and the following
persons came forward:
(Handout)
Attorney Uhle provided brief rebuttal to some of the stated concerns, restated mitigation plans and expanded on traffic
issues and concurrency. Commissioner Kiker initiated Board discussion with a question to Assistant County Attorney
Michael Jacob regarding whether the project was within legal parameters of The Lee Plan. Attorney Jacob opined
there was consistency with the Policies, Goals and Objectives of the 2009 Comprehensive Plan Amendment (31-31.5).
Commissioner Hall stated she disagreed with the Hearing Examiner’s comment that the project had not gone through
a public process and noted a lengthy review by the Board which involved ongoing public participation. She added
that the project has several positive environmental impacts, but the traffic congestion issues were a continuing
problem upon which the BoCC’s focus would remain until resolution. Following additional Board commentary,
Commissioner Hall moved approval to adopt the Hearing Examiner/Staff recommendation (with the language in the
Recommendations of Staff, seconded by Commissioner Kiker, under discussion. Commissioner Kiker re-emphasized
RESOLUTION NO. Z-12-028
The Chairman adjourned the meeting at 10:44 a.m.
__________________________
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APPROVED MINUTES OF 021813Z