Fort Myers Beach Council allows commercial lot owner to eliminate all parking in reversal of Local Planning Agency decision
The Town of Fort Myers Beach Council voted unanimously on Monday to overrule a decision by the Fort Myers Beach Local Planning Agency, and allowed the owner of a mixed commercial and residential use property to eliminate all parking requirements at his Estero Boulevard lot.
The vote by the Town Council on Monday, allowed local property owner John Richard to eliminate all town parking requirements for his lot at 1161 and 1165 Estero Boulevard, at the corner of Crescent Street, across from the Margaritaville Beach Resort.
The 4-0 vote by Town Council did not include Vice Mayor Scott Safford, who recused himself due to a conflict of interest. Safford’s rental property management company handles the renting out of Airbnb units at the property.
The vote on Monday also overruled a recommendation from the town’s own planning staff to deny the request. Town planning staff was concerned with, among other issues, the loss of a handicapped parking space in front of the commercial property, and the loss of parking for the commercial and residential users of the lot.
Parking is a sensitive subject in Fort Myers Beach, with the availability of parking downtown in season being a major concern for residents and visitors over the years.
Richard, who owns multiple properties downtown, including businesses, parking lots, vacant commercial lots, and rentals, said his current commercial tenant, a contractor, will soon be moving out. They are currently looking for a new tenant.
When Richard was asked during Monday’s hearing where the people who currently stay at his vacation rental on the top floor of the property park their vehicles, he referred questions to Safford.
Safford, who had earlier recused himself, was told by Town Attorney Nancy Stuparich that he could still discuss the issue but couldn’t vote.
Safford said those who stay at the vacation rental property, park at another unnamed property that he manages and are encouraged to use an Uber. Safford said he doesn’t even let the cleaning staff park at that property.
Fort Myers Beach Mayor Dan Allers, who voted to support the elimination of the parking at the site, said he spoke with Richard ahead of Monday’s meeting. He said the conversation centered around public safety. “It was a very brief conversation,” Allers said.
Allers painted the elimination of parking at the property as a public safety issue.
“Public safety is a big thing,” Allers said. “We have all seen it. That is a very dangerous parking lot to pull in and out of.” Allers said eliminating parking at the property “is in the best interest of the community.”
Allers said “We have all seen vehicles trying to back out of that location.”
Safford said that parking for the rental property has been prohibited at the site for years. There are currently cones in front of some of the parking spaces.
“We have not let parking on the premises in five or six years,” Safford said in regards to the vacation rentals he manages there. “I don’t even let my cleaners park there.”
Councilmember John McLain said he wants the property owner to place concrete planters in front of the parking spaces, which Richard agreed to do.
McLain supported the elimination of the town’s parking requirements for the commercial lot. He said Council should support the elimination of parking at the site as part of “embracing the changes” to the town’s Comprehensive Plan. He said he also believed there were safety issues with the parking there.
“The marketability of the property, I have stated this previously about restaurants in that district, the parking issues that may or may not be there that is part of the ability of the company or the owner to market their property as ‘parking is an issue here and we suggest you take an uber’ or you will have to use an offsite lot. I don’t have any issues with that,” McLain said. “I think that is just fine. I would personally support this removal of the parking requirements, because as defined in downtown district we are trying to encourage walkability and the use of shared lots.”
The vote by the Council was the latest in a series of votes going back two years in which the council has voted repeatedly to do away with parking requirements in the Land Development Code and grant generous variances and deviations from the town code to commercial property owners and developers who have sought to significantly reduce parking requirements on their lots.
The Council has previously waived parking requirements for project such as the Arches Bayfront hotel at Moss Marina, to the Myerside resort project, and Lighthouse Resort Inn & Suites expansion, among others.
Councilmember Rebecca Link raised concerns about the proposed elimination of the parking, saying that she doesn’t like giving up parking and wanted to see more about what Richard’s plans are for the property. “I want to see the whole picture,” Link said. Link ultimately voted with the rest of Town Council to allow the property owner the variance from the town’s Land Development Code.
The Local Planning Agency last month had raised concerns about what Richard’s plans were for the property and whether the elimination of the parking was the first step for other plans. The lack of details in any plans were a primary concern for their recommendation of denial for the variance.
Richard said on Monday he has not made any other plans for the property, and is currently seeking a new commercial tenant for the property. That could potentially include a restaurant or another type of commercial business.
The changes could potentially allow Richard to replace the parking spaces with tables for a future restaurant, or displays for a bar. Richard would need to go in front of Town Council again if he turns the property into a restaurant or bar. Richard is also considering using that space for the outdoor consumption of alcohol or the display of merchandise, according to a representative who spoke for him at the meeting.
Richard also has a parking lot further down on Crescent Street, and operates a parking lot on Old San Carlos Boulevard.
Mclain expanded upon his support for Richard’s request later in the meetingm saying he was “concerned about limiting uses” for property owners. He said Richard should be allowed all of the uses that are available in the downtown district. He said he doesn’t want any restrictive language for the property.
Councilmember John King said the parking at the site should be eliminated because he saw it as a “common sense safety issue and that is a concern. I could see myself at that stoplight and having somebody try to back out at me.”
Fort Myers Beach Observer Editor Nathan Mayberg can be reached at NMayberg@breezenewspapers.com