Council moves forward in COP review process
The issue of the consumption of alcoholic beverages on the beachfront both on a commercial and private property basis appears to be getting closer to being resolved.
The Fort Myers Beach Town Council and staff discussed the status report regarding the COP issue, reviewed the process, cleared up a problematical interpretation of the most recent resolution by the Local Planning Agency and provided an unofficial timeline in setting policy direction on the hot topic.
“This isn’t about allowing alcohol to run up and down the beach. This is about what is a licensed premise to serve and consume alcohol in the EC (Environmentally Critical) Zoning District,” said Town Community Development Director Walter Fluegel. The EC Zoning District relates to the 1978 Coastal Construction Control Line.
The CDD department is in the process of tackling legal assessments of the existing license premises. Once that step has been completed, Fluegel said his staff hopes to present a report to the LPA in September and consequently draft a working ordinance for the LPA and present a workshop in October. From there, a public hearing at the LPA level could happen in November or December and two more public hearings at Town Council meetings may develop action on the agenda item in January and February.
“At least in my brief tenure, I think this has been a matter that has garnered the most attention and public discourse. There does seem to be some misunderstanding and folks who are repeating information that they think is accurate. It has created some confusion, some anxiety and fear amongst the public,” said Town Manager Terry Stewart. “Unfortunately I think there were some folks that made an interpretation that the council, at that time, said we have selected a particular outcome for the LPA to deal with. That was not the case.”
In a November 2009 LPA meeting, as memorialized in LPA Resolution 2009-24, LPA members voted 5 to 1 to recommend that the Comprehensive Plan “does restrict further expansion of on-premises consumption of alcoholic beverages on the Gulf beaches within the Town of Fort Myers Beach.”
At the Dec. 6 Council meeting, council members voted 4 to 1 to reject the resolution and later determined that the Land Development Code was the appropriate place to identify more specific permissible uses. They directed town staff to prepare an ordinance regulating COP in the EC Zoning District.
Since then, Stewart attended an LPA meeting to make a “strong appeal” for the members to begin crafting rules and regulations, limitations and restrictions regarding the matter.
“I think the COP expansion has had a significant impact on community standard and is significant because it is permanent. It is a property right for both the commercial properties and overflow impact of all the private properties around it,” said LPA Chair Joanne Shamp during public comment. “This is a major decision to be made. The process has failed us on this topic. The LPA was asked to do something of tremendous significance to this town and to its community with variably no information.”
Council members agreed the COP issue has merited much passion and emotion. They believe more communication and unified work is needed to tackle such an issue.
“The next step is to move forward in unison,” said Mayor Larry Kiker.
“I’m really happy to see that we are focused back on the process,” said Councilwoman Jo List. “It sounds as if everybody is moving towards understanding that better.”
“We all need responsibility when we talk and write about this,” said Councilman Alan Mandel.
Fluegel is continuing his department’s extensive research on licensed establishments that have some degree of approved COP service into the EC Zoning District. He mentioned some were approved by Lee County prior to the Town’s incorporation and some were approved after. Unfortunately, there wasn’t much consistency in the standard conditions of approval.
“There is a lot of misunderstanding about what this is about. It wasn’t about opening up the beaches for alcohol to be served everywhere on the beaches. It was about finding a way to regulate those establishments that are currently out there doing it and coming up with a consistent set of standards that are applicable to them,” said Fluegel. “The backside of that is those same standards would be applicable to anyone else that came forward in the future.”
Council moves forward in COP review process
The issue of the consumption of alcoholic beverages on the beachfront both on a commercial and private property basis appears to be getting closer to being resolved.
The Fort Myers Beach Town Council and staff discussed the status report regarding the COP issue, reviewed the process, cleared up a problematical interpretation of the most recent resolution by the Local Planning Agency and provided an unofficial timeline in setting policy direction on the hot topic.
“This isn’t about allowing alcohol to run up and down the beach. This is about what is a licensed premise to serve and consume alcohol in the EC (Environmentally Critical) Zoning District,” said Town Community Development Director Walter Fluegel. The EC Zoning District relates to the 1978 Coastal Construction Control Line.
The CDD department is in the process of tackling legal assessments of the existing license premises. Once that step has been completed, Fluegel said his staff hopes to present a report to the LPA in September and consequently draft a working ordinance for the LPA and present a workshop in October. From there, a public hearing at the LPA level could happen in November or December and two more public hearings at Town Council meetings may develop action on the agenda item in January and February.
“At least in my brief tenure, I think this has been a matter that has garnered the most attention and public discourse. There does seem to be some misunderstanding and folks who are repeating information that they think is accurate. It has created some confusion, some anxiety and fear amongst the public,” said Town Manager Terry Stewart. “Unfortunately I think there were some folks that made an interpretation that the council, at that time, said we have selected a particular outcome for the LPA to deal with. That was not the case.”
In a November 2009 LPA meeting, as memorialized in LPA Resolution 2009-24, LPA members voted 5 to 1 to recommend that the Comprehensive Plan “does restrict further expansion of on-premises consumption of alcoholic beverages on the Gulf beaches within the Town of Fort Myers Beach.”
At the Dec. 6 Council meeting, council members voted 4 to 1 to reject the resolution and later determined that the Land Development Code was the appropriate place to identify more specific permissible uses. They directed town staff to prepare an ordinance regulating COP in the EC Zoning District.
Since then, Stewart attended an LPA meeting to make a “strong appeal” for the members to begin crafting rules and regulations, limitations and restrictions regarding the matter.
“I think the COP expansion has had a significant impact on community standard and is significant because it is permanent. It is a property right for both the commercial properties and overflow impact of all the private properties around it,” said LPA Chair Joanne Shamp during public comment. “This is a major decision to be made. The process has failed us on this topic. The LPA was asked to do something of tremendous significance to this town and to its community with variably no information.”
Council members agreed the COP issue has merited much passion and emotion. They believe more communication and unified work is needed to tackle such an issue.
“The next step is to move forward in unison,” said Mayor Larry Kiker.
“I’m really happy to see that we are focused back on the process,” said Councilwoman Jo List. “It sounds as if everybody is moving towards understanding that better.”
“We all need responsibility when we talk and write about this,” said Councilman Alan Mandel.
Fluegel is continuing his department’s extensive research on licensed establishments that have some degree of approved COP service into the EC Zoning District. He mentioned some were approved by Lee County prior to the Town’s incorporation and some were approved after. Unfortunately, there wasn’t much consistency in the standard conditions of approval.
“There is a lot of misunderstanding about what this is about. It wasn’t about opening up the beaches for alcohol to be served everywhere on the beaches. It was about finding a way to regulate those establishments that are currently out there doing it and coming up with a consistent set of standards that are applicable to them,” said Fluegel. “The backside of that is those same standards would be applicable to anyone else that came forward in the future.”