Matanzas CPD amendment narrowly moves forward
An amendment to a commercial planned development project at Matanzas on the Bay has been approved by a narrow margin to move forward.
After the Fort Myers Beach Town Council approved action at a public hearing last week, Town Attorney Derek Rooney will make corrections and clarifications to an existing resolution for the master concept plan to finalize plans for the long-standing project.
Three motions were placed on the table: approve the patio area as stated on master concept plan as existing restaurant space; allow alcohol expansion (consumption on premises) in restaurant space only (existing restaurant, eastern rear deck and southern restaurant patio); and limit outdoor entertainment to under main roof of existing restaurant and rear deck only. All motions passed by a 3-2 count.
Vice Mayor Dan Andre made the first two motions. Matanzas officials will have to reapply for COP expansion.
“Our vote will say that the zoning change that we made will approve that this is restaurant space,” he said. “Now staff can sign off on a letter to go to ABT (Alcohol, Beverage and Tobacco) to say the Council approved this as restaurant space, and they are asking for COP expansion into that space.”
There have been neighborhood concerns about noise from such outdoor activities in the past. Some believe restaurant usages should not encroach on the hotel property.
During a past evening walk-through of the property, Council members did not find any intrusions from commercial usage and cited only air conditioning noise, although Councilwoman Summer Stockton stated it was the quietest evening she could recall.
The main issue dates back to a May 4 public hearing regarding the master concept plan on the redevelopment project at the end of Crescent Street on Fort Myers Beach. Council unanimously decided to grant an amendment to the CPD for modified site plans after the applicant agreed to revise its phasing plan to pacify public concern.
Following the May 4 public hearing on the matter, Town Attorney Derek Rooney drafted a resolution
that was to be sent to the applicants for review.
Before the resolution was approved, Beach resident Tracey Gore filed an appeal from administrative action and requested a rehearing of decisions made. That appeal was heard at Council’s June 15 meeting and discussion ensued regarding certain issues with the CPD approval, particularly outdoor entertainment, consumption on premises and restaurant expansion within a master concept plan.
After that meeting, Rooney drafted another resolution that was not met favorably by both applicant and concerned neighbors. He then called each Council member and received five “slightly varied versions of the recollections of what was approved on May 4.”
Some Council members believed they voted for past approval based on correct Town staff procedures.
“When we made that approval, my intent was that it was contingent upon whether or not that had been properly permitted and done,” said Mayor Anita Cereceda.
Councilwoman Rexann Hosafros stated she had a moral issue on alcohol consumption expansion to southern restaurant patio.
“I voted because I was told that the COP was already in place,” she said. “I don’t feel that that’s what I voted for.”
Confusion occurred when Council members were informed that the outdoor patio area on the property was approved prior to a May 4 public hearing on the master concept plan, but then it was later divulged that the particular constructed area usage was not approved in the appropriate manner prior to the CPD amendment.
“This a complicated piece of property with a complicated history that has a lot of moving parts for the Council,” said Rooney earlier.
The complications involved the outdoor patio permit was issued in error. Town records of the outdoor seating area stated it was granted through approval of a driveway permit. An administrative step appeared to be missing.
Officials at Matanzas Inn, a part of Matanzas on the Bay property at the end of Crescent Street, can now begin the project that would remove a parcel of land recently sold from the existing CPD, bring another parcel into the CPD, convert four existing dwelling units into motel/hotel units on the main development parcel, revise the phasing plan for redevelopment and adopt a unified sign package. The idea is to house all units in one building area.