MEMORANDUM

TO: Local Planning Agency

FROM: Bill Spikowski

DATE:  February 11, 1997

SUBJECT: Trend Toward Commercialization at Fort Myers Beach

INTRODUCTION

One of the critical land-use issue that we decided to consider this winter has been called the "creeping commercialization" of Fort Myers Beach. This term reflects the fear that commercial development will continue to expand into previously residential areas, and also a perception that more commercial development may occur at Fort Myers Beach than is needed to serve the peak capacity of residents and visitors.

In some communities, even the rental of dwellings is considered to be a form of commercial use. Given the resort nature of Fort Myers Beach, however, this discussion will focus on retail, office, restaurant, and entertainment uses. Such activities take place at Times Square and in modern shopping centers; and also in single-tenant ground-level buildings, converted homes, and multistory buildings such as resort hotels.

CURRENT REGULATIONS ON COMMERCIAL DEVELOPMENT

In Lee County (including Fort Myers Beach), new commercial development can take place only when it is on land that is properly zoned and when the proposed development is consistent with the comprehensive plan. The "plan consistency" requirement was added in 1984 in an (as yet uncompleted) effort to resolve decades of overly generous zoning decisions throughout the county. This effort has led to the unfortunate interim situation where a parcel may be zoned for wide variety of commercial uses but whose use in fact is significantly restricted by the comprehensive plan. This uncertainty seems to confuse landowners, prospective purchasers, and adjoining owners almost equally, and was much of the basis for the protracted litigation over the Diamondhead project.

At present, the comprehensive plan designates privately owned land at Fort Myers Beach into one of two categories: "Suburban" or "Urban Community." Very little land is now zoned commercially in the "Suburban" category; and no land there may be rezoned for further commercial uses (see Policy 18.2.1).

Land in the "Urban Community" category includes most of the existing commercial and mixed-use zoning. Two special restrictions apply in that category: even for existing commercial zoning, "commercial development shall not expand or intrude into residential neighborhoods"; and any commercial rezonings must use the negotiated "Commercial Planned Development" zoning district (also in Policy 18.2.1).

Most of the commercially zoned land at Fort Myers Beach is in the C-1 zoning district. This district allows all residential uses and many commercial uses as well. This mixed-use character isn't inherently wrong, and in fact is coming back into favor in many places throughout the country. However, in an environment where most other zoning categories allow only a single type of land uses (residential, or commercial, or industrial) and where there is only limited control of the intensity of permitted uses, the C-1 district has caused a great deal of difficulty.

Before designing a better system than is currently in use, the town needs to decide on its planning goals for future commercial development. The following discussion suggests such a direction.

OBSERVATIONS ON FORT MYERS BEACH COMMERCIAL USES

Despite the intensity of disputes over proposed commercial development at Fort Myers Beach, there seems to be considerable consensus on several major points:

1. The present concentration of commercial uses in the "Times Square" area is good for Fort Myers Beach. Despite the severe congestion during the peak season and a general seediness that had been developing, Times Square provides an urban beach environment that does not exist elsewhere in Lee County, and which cannot be duplicated anywhere because of today's floodplain regulations. The recent CRA improvements have sparked a renewed interest in Times Square among most islanders, and should spur a healthy redevelopment movement to upgrade existing buildings.
2. The Villa Santini area serves as a very different kind of commercial center for the south end of the island, one that is equally important for seasonal guests and for permanent residents. The Villa Santini Plaza itself functions as an important gathering place despite its unfriendly shopping-center design. Given the central location and unfragmented ownership, it is important that this area retain its commercial functions. But the next generation of buildings there should integrate other uses and be designed to establish a unique physical identity for the south end of the island.
3. Commercial uses at other locations, especially those providing everyday neighborhood conveniences, are valuable in reducing traffic congestion, but many businesses are in unattractive standardized buildings that detract from their neighborhoods. This is partly a result of the economies of standardization, as well as local regulations that don't adequately address the physical context in which commercial uses occur.
4. Widespread commercial expansions will not be needed because the local population will soon be reaching its maximum level. Peak-season congestion from the existing level of guests and residents, plus day-visitors to Fort Myers Beach, is already extreme. This congestion severely limits the potential for commercial attractions that would bring an additional increment of visitors during the peak season (although the island could accommodate additional visitors during non-peak periods).
5. Given the aging buildings that currently house many commercial uses, substantial redevelopment should be anticipated, and can be encouraged or required to take place in ways that will improve the community. A critical task of the Town over the coming year will be to evaluate the potential (and also the limits) of a focused redevelopment plan that specifically addresses commercial uses.

POTENTIAL POLICIES ON COMMERCIAL DEVELOPMENT

If a consensus does exist on these observations, the next step is to begin formulating the concepts which would underlie your new comprehensive plan as it applies to future commercial development. Based on the LPA's work to date, including the recent community design workshop, the following concepts seem to be emerging:

• The CRA plan for the Times Square area (including Old San Carlos Drive) has withstood intense public scrutiny and is a sound basis for the Town's policy there, especially the incremental redevelopment of existing buildings at ground level. Additional work that is needed includes:
  • Further development of the shared-parking concept for the rear portion of lots on both sides of Old San Carlos Drive;
  • Resolution (or rejection) of the "dry-floodproofing" concept for new commercial buildings, with a reevaluation of other options if dry-floodproofing isn't technically or financially feasible; and
  • Refinement or reformulation of the redevelopment overlay district to simplify its use.
• The form of future redevelopment in the Villa Santini area was discussed extensively during the community design workshop and is being further refined by Dover, Kohl & Partners at this time. The resulting concepts will be presented to the property owner and then to the public in March. If these concepts capture the public's interest and can balance numerous competing demands, they can be integrated into your new comprehensive plan. (We will have an opportunity to test the new concepts in the coming months during the CPD rezoning process for the proposed Eckerd relocation.)
• The form of future redevelopment in the Villa Santini area was discussed extensively during the community design workshop and is being further refined by Dover, Kohl & Partners at this time. The resulting concepts will be presented to the property owner and then to the public in March. If these concepts capture the public's interest and can balance numerous competing demands, they can be integrated into your new comprehensive plan. (We will have an opportunity to test the new concepts in the coming months during the CPD rezoning process for the proposed Eckerd relocation.)
• Additional commercial demand (as well as rebuilding of existing uses) can be accommodated through well-focused policies. For instance:
  • The desired intensity of uses can be accommodated at Times Square and along Old San Carlos Drive through the CRA plan. This plan retains ground-level shops and restaurants built to the right-of-way line and with little or no setback to side property lines, but requires that shared parking be provided and current floodplain regulations followed.
  • The Times Square level of intensity, however, need not extend into continuous linear development down Estero Boulevard. The current mixed-use character of land along Estero Boulevard down to the Gulfview Shops does not have to be thought of as a transitional phase resulting in either high-rise residential buildings or continuous strip commercial development.
  • Some very early commercial buildings remain in use along Estero Boulevard today, and many existing cottages have been converted for commercial purposes. The result is a pleasant if somewhat disjointed environment, one that would attract many more pedestrians if adequate sidewalks and street trees were provided. A combination of strengthening and loosening of existing regulations could support this mixed-use pattern rather than restricting it. Revisions could include relaxed setbacks for cottages; allowing additional cottages to be moved in as they become available; and graphic design guidelines so that additional units or building expansions maintain (rather than replace) the historic character. (The image to keep in mind would be more buildings like the Huston Studio at 2101 Estero Boulevard.)
• The plan's prohibition against new commercial uses in residential areas could be made much more specific in all geographic areas where that policy continues to be appropriate.
• Allowable levels of commercial accessory uses in or near resort housing could be established. This could avoid potential expansions into freestanding commercial uses in otherwise residential neighborhoods.
• Graphic design guidelines could be established for the replacement of existing commercial buildings elsewhere on the island. Property owners would know in advance what kind of the character the town is expecting, reducing the uncertainty that now prevails through the use of the Commercial Planned Development rezoning process.

We should discuss these ideas, and any others you would like to offer, at your meeting on February 18. The format and precise wording of the policies and any maps aren't important at this time, but your reactions to these concepts are needed before the consulting team proceeds further.