Local Planning Agency - December 16, 2025 (2025-12-16)

Fort Myers Beach Local Planning Agency Town Hall Council Chambers 2731 Oak Street Fort Myers Beach, FL 33931 Minutes Tuesday, December 16, 2025 1:00 PM ORDER OF BUSINESS FINAL I. CALL TO ORDER Members present: Chair Anita Cereceda, LPA Members James Boan, James Dunlap, John McLean, Jane Plummer and Don Sudduth. Excused: Douglas Eckmann LPA Member Dunlap moved to approve an excused absence for LPA Member Eckmann, seconded by LPA Member Plummer. The motion carried unanimously. II. INVOCATION Chair Cereceda. III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF FINAL AGENDA LPA Member Dunlap moved to approve the final agenda, seconded by LPA Member Sudduth. The motion carried unanimously. V. APPROVAL OF MINUTES A. Local Planning Agency - November 11, 2025 LPA Member Sudduth moved to approve the minutes, seconded by LPA Member Dunlap. The motion carried unanimously. VI. PUBLIC COMMENT No public comment. VII. PUBLIC HEARINGS Town Attorney Stuparich explained the quasi-judicial procedures and the expedited variance process. Deputy Clerk Jason Freeman confirmed that all agenda items were properly noticed. He swore in those providing testimony.

Regular Meeting Tuesday, December 16, 2025 1:00 PM 2 | P a g e A. VAR20250287, 138 Hibiscus Drive A RESOLUTION OF THE FORT MYERS BEACH LOCAL PLANNING AGENCY APPROVING/ APPROVING WITH CONDITIONS/ DENYING VARIANCE 20250287, REQUESTING 1) A VARIANCE OF 1.6 FEET TO THE REQUIRED 20-FOOT REAR SETBACK IN LDC SECTION 34- 638(D)(1)G. TO ALLOW A 4.6-FOOT ENCROACHMENT FOR ELEVATED MECHANICAL EQUIPMENT; AND 2) A VARIANCE OF 3.3 TO THE REQUIRED 20-FOOT REAR SETBACK FOR PROPERTIES IN THE RS ZONING DISTRICT IN TABLE 34-3 TO ALLOW A STAIRCASE WITH A 16.7 FOOT REAR SETBACK IN ORDER TO ACCESS THE ELEVATED MECHANICAL EQUIPMENT, FOR THE PROPERTY LOCATED AT 138 HIBISCUS DRIVE, GENERALLY REFERRED TO AS STRAP NUMBER: 29-46-24-W2-01431.0000 IN FORT MYERS BEACH; AND PROVIDING FOR OTHER CLARIFICATIONS AS NECESSARY; PROVIDING FOR CONFLICTS OF LAW, SCRIVENER’S ERRORS, SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Chair Cereceda read the title of the resolution. Ex parte communications: LPA Member Plummer met the owner and toured the property. No disclosures from other members. Community Development Senior Planner Jason Smalley reviewed the background of the request as stated on the yellow sheet. Staff recommended approval with conditions. He noted that the applicant said that FP&L (Florida Power and Light) told her to install the stairs and platform for elevated meters. LPA Member Plummer voiced her concern about the elevation of future meters. Senior Planner Smalley replied that they might want to revisit parts of the LDC (Land Development Code). Albert Dambrose explained that this option in the FP&L handbook required that the platform and stairs be a certain height before FP&L install and service the meter. He thought it would be a recurring option in the future. No public comment. LPA Member Boan moved to approve the variances with conditions, seconded by LPA Member McLean. The motion carried unanimously by roll call vote. The property owner described a financial scam that targeted her before the meeting. Chair Cereceda revealed that another scam with her signature was circulating. She encouraged people to call the Town Hall before sending money to anyone.

Regular Meeting Tuesday, December 16, 2025 1:00 PM 3 | P a g e B. Ordinance 25-20; DCI20250203, 175 Sterling Avenue (FMB Women's Club) AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH, FLORIDA, APPROVING/APPROVING WITH CONDITIONS/ DENYING A REZONING TO A COMMERCIAL PLANNED DEVELOPMENT (CPD) FOR THE PROPERTY LOCATED AT 175 STERLING AVENUE, A PARCEL GENERALLY IDENTIFIED AS STRAP NUMBER 33-46-24-W2-00004.0000 TOWN OF FORT MYERS BEACH; FROM INSTITUTIONAL FOR A REDEVELOPMENT OF THE FORT MYERS BEACH WOMEN’S CLUB; PROVIDING FOR CONFLICT OF LAW, SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. Chair Cereceda read the title of the ordinance. No ex parte communications were disclosed. Community Development Planner Jason Green reviewed the background of the request as stated on the yellow sheet. Staff recommended approval with conditions. James Ink represented the applicant and distributed a handout to members. He noted that he had received four spam messages signed by staff members in the last few days. His presentation started with Team Members, What this Request Would Do and Why Grant the Request, Request Statement, Presentation Outline, 2025 Aerial, Pre-Ian Site, Post-Ian Site, Proposed Property Regulations and Land Use, Design, Elevations, Request Analysis, Request Statement, Findings and Conclusions and Suggested Motion. Public comment: Ron Benak, resident, praised the Woman's Club and looked forward to having them back. He wanted them to stay non-profit and not be a paid club in the future. Dawn Thomas, resident, commented on the fundraising status and noted they continued to raise money. Public comment closed. LPA Member Dunlap moved to approve the ordinance with conditions and renderings in the packet, seconded by LPA Member Sudduth. The motion carried unanimously by roll call vote. C. SEZ20250081, 2812 Estero Blvd (Caper Beach Club) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FORT MYERS BEACH, FLORIDA APPROVING/ APPROVING WITH CONDITIONS/DENYING SPECIAL EXCEPTION SEZ20250081 TO ALLOW LIKE-FOR-LIKE REPLACEMENT OF EXISTING TWO 12-FOOT BY 12- FOOT TIKI HUTS AND 4-FOOT-HIGH POSTS AND ROPE BARRIERS IN ENVIRONMENTALLY CRITICAL ZONING DISTRICT SEAWARD OF THE 1978 CCCL, FOR THE REAL PROPERTY LOCATED AT 2812 ESTERO BOULEVARD; PROVIDING FOR SCRIVENER'S ERRORS, SEVERABILITY, AND AN EFFECTIVE DATE.

Regular Meeting Tuesday, December 16, 2025 1:00 PM 4 | P a g e Chair Cereceda read the title of the resolution. No ex parte communications were disclosed. Senior Planner Smalley reviewed the background of the request as stated on the yellow sheet. Staff recommended approval. Bonnie Delizia, property manager, said they intended to replace what was there before the hurricane. Sue Cox, secretary, added that they would maintain the tropical landscape at the property. No public comment. LPA Member McLean moved to approve the resolution with the conditions, seconded by LPA Member Plummer. The motion carried unanimously by roll call vote. Ms. Delizia revealed that she was also the target of a scam. She provided copies of the letters. Deputy Clerk Freeman informed the audience that the town does not accept wires and that they should report it to the Sheriff's Office. LPA Member suggested that people call the town's emergency number if they suspect a scam. VIII. ADMINISTRATIVE AGENDA Planner Green asked whether they wanted to split up the January 13, 2026, agenda. A consensus was reached to schedule two meetings in January. Deputy Clerk noted that Fridays were available. IX. LPA MEMBERS ITEMS/REPORTS LPA Member McLean would like to address locking in renderings as a commitment. Members agreed. LPA Member Plummer noted the bike parade was on December 20. She wanted the town to help property owners clean up their yards. She asked why there were no lights in Times Square and under the bridge. Chair Cereceda suggested she bring it up at a town council meeting. LPA Member Dunlap suggested providing an update on approved projects and their current permitting status. Chair Cereceda agreed and described approved properties that were in complete disarray and were not being enforced. She indicated that they discussed having signs on projects happening on the island, including where they were going. She used Pincher's project, which was supposed to be open in December but wasn't. She asked whether they could readdress development agreements and the status of non-permitted temporary parking lots. No items from other members except Merry Christmas and Happy Holidays to all. X. LPA ATTORNEY ITEMS/REPORTS No items.

Regular Meeting Tuesday, December 16, 2025 1:00 PM 5 | P a g e XI. COMMUNITY DEVELOPMENT ITEMS/REPORTS Some small projects. XII. ITEMS FOR NEXT MONTHS AGENDA Discussed above. XIII. ADJOURNMENT LPA Member Dunlap moved to adjourn, seconded by LPA Member McLean. The meeting was adjourned at 2:22 p.m. Minutes adopted as presented on January 13, 2026 by LPA Member Sudduth and seconded by LPA Member McLean. Passed 7-0 ________________________________________ Amy Baker, Town Clerk