1. The TPI-FMB proposal is the result of extensive

community outreach including residents, business

owners, hoteliers and past project vocal opponents and

supporters alike. It reflects an attempt to balance

community concerns and desires with a viable business

model that will help reinvigorate the downtown area.

2. TPI-FMB:

A. Does not rely on the Coastal Protection System

previously proposed

B. Does not rely on the use of Crescent Beach Family

Park land or County-owned Seafarer’s property

C. Does not include roadway rerouting at the base of

the bridge

D. Does not exceed regulatory building height limits

E. Does provide that the building masses are within

community norms while expanding gulf-side open

space and view corridors

F. Provides for the least amount of additional impacts

on traffic as possible versus other commercial uses

allowable

G. Provides for Quality of Life benefits to the larger

community, based on acknowledgment that this is

part of our “downtown”

3. If you think of the Town’s Land Development Code as

the floor (defining what a property owner is allowed “by

right”) and if you think of the Town’s Comprehensive

Plan as the ceiling (above which a property owner is

not allowed to go), the proposed project is squarely in

the area in-between. We are proposing a project that

includes features and components allowable under the

Town’s current regulations without the need for a Comp

Plan Amendment.

4. Given the physical location and footprint of the property

in question, and given the benefits that will result to the

community, this project does not establish any

precedent relative to uses or conditions that would

automatically apply to any other property owner.

5. Overview of the TPI-FMB Beachside:

A. 1 open-to-public restaurant/bar, not much taller

than the existing Pierview Hotel with approximately

30 hotel units on the top floors

B. 1 fully accessible public pathway to the beach

C. 1 pay-to-enter “Beach Club”, aquatic venue with

food & beverage etc., available to the hotel guests

and open to the paying public

D. 1 alternate configuration to Canal St., providing the

Town with a larger, more usable vehicle and

pedestrian access to the beach with the potential

for paid parking income

6. Overview of the TPI-FMB Bayside project, “one self-

contained hotel/resort” that:

A. Includes two Pedestrian Crossovers and eliminates

existing Estero Blvd. vehicle access points to

reduce pedestrian/vehicle conflicts

B. Is fully parked, including parking for uses on

Beachside with parking at grade behind a

vegetative buffer

C. Is 3 stories within a 40 foot envelope, on a footprint

that is tiered away from Estero Blvd at the base of

the bridge

D. Contains some amenities for the benefit of hotel

guests including a small conference area,

restaurant, bar and sunset deck also accessible to

the public

E. Contains approximately 260 hotel guest rooms at

this location

The primary TPI-FMB “ask” is for its Commercial Planned

Development Application to utilize the LDC deviation

allowed in this Pedestrian Commercial Time Square Area

zoning district for 290 non-residential lodging units. TPI-

FMB would provide reinvigoration after Hurricane Charlie

removed numerous hotels, restaurants/bars, shops, etc.

and associated challenges of redevelopment created in

2008 by FEMA moving the V-Zone inland in this area.

TPI-FMB PROJECT SUMMARY

1979 Skybridge to Ft. Myers Beach opens and associated

rerouting of Estero Blvd.

1992-1996 Dwtn. improvements including creation of

Times Square and elimination of vehicle traffic

1995 FMB Town Incorporation following the County’s

approval of the Diamond Head Resort

1995-2003 FMB Downtown was activated with businesses

no longer there due to Hurricane Charley including ones

on Crescent Beach Park and Seafarer’s properties:

● Days Inn Motel ● Sandman Motel

● Howard Johnson Motel ● Cabasca’s

● Tradewinds ● Jimmy B’s

● Seafarer’s Mall Shops

2004 Hurricane Charley hit the FMB Dwtn. Core Area in

August

2005-2008 Several failed redevelopment attempts of

Crescent Beach and Seafarer’s including amongst others

a 269 room luxury resort with shopping mall, three

pedestrian overpasses and 600 stall garage.

2008 FEMA moved the Velocity zone inland whereby all

property subject to the TPI-FMB proposal must build at

flood elevation above grade without any option of building

dry proof construction at grade.

2010 After another failed attempt at redeveloping

Crescent Beach/Seafarer’s and a bank foreclosure Lee

County purchased those properties.

• Lee County built and established Crescent Beach Family Park

• Lee County tore down Seafarer’s Mall which sits undeveloped as of today

2015 April Tom Torgerson & John Dammermann

attended a FMB Town Workshop which disclosed the

findings of a Town Ad Hoc Committee’s recommendations

for redevelopment of the Downtown area.

2015 Apr.-Aug. TPI-FMB closed upon the purchases of:

• Mermaid Bar and Rental Homes

• Beach Bums, Cigar Hut, Rental Condos and Rental Homes

• Pierview Hotel

• Salty Crab Restaurant

• Parking Lot between Lighthouse Resort and base of the Skybridge

• Helmerich Plaza which includes buildings tore down, falling down and unoccupied and some occupied commercial spaces, 3.14 acres

• Ocean Jewel retail store

2015 Nov. TPI-FMB unveiled the Grand Resorts

proposed redevelopment which included County owned

lands along with TPI-FMB owned lands which never

reached application stage because of community out-cry

that it was too tall, too massive, out of character, included

Crescent Beach Park, had a coastal protection system,

rerouted roadways to include a tunnel, etc.

2016 May John Gucciardo joined the TPI-FMB Team to

work on the alternate proposal and communications with

governmental bodies (County, State, Town,

Environmental, etc.), community members and association

groups

2016 May-Aug. TPI-FMB worked with a Focus Group of

community members that were vocal and articulate in

opposition to the Grand Resorts proposal for purposes of

garnering insight as to what was most important to them

for consideration by TPI-FMB in developing a new

alternate plan. During this same time frame TPI-FMB

consulted with a group of FMB business owners garnering

their insight. And also had meetings and follow ups with

each of the larger hotel-resort owners on FMB located

from the Wyndham Garden to Pink Shell obtaining their

feedback on the new alternate proposal that was in

process of being created. Most, but not all, hotel owners

were willing to meet. During this time frame TPI-FMB also

on-boarded consultants from the resort industry, traffic and

parking experts and Florida coastal commercial market

experts.

2017 April Application to the Town was made on the

alternate proposal and we are currently working with staff’s

reviews in tweaking that Application to prepare it for Town

LPA and Council upcoming hearings. The Application

does not include any County owned property.

HISTORICAL SUMMARY

Comprehensive Plan Pedestrian Commercial Future Land Use = TPI-FMB Property

• Extends from approximately Lynn Hall Memorial Park to Diamond Head adjacent to Estero Boulevard south of Crescent.

• Small land area surrounding Fish Tale Marina at the south end of the island is also Pedestrian Commercial FLU – TPI-FMB discussion will only focus on the “north end”

• Only Future Land Use Category that permits hotels and motels by right. Remaining categories require a planned development or limit development to motels or restrict commercial development completely.

Land-Use Types

• Policy 4-B-12 defines Commercial Uses o Includes Hotels/Motels/Resorts

• Policy 4-C-2 defines Commercial Intensity o “…encourage more intense commercial uses only

in the Pedestrian Commercial category”

• Policy 4-C-3 defines Commercial Locations o “Where new or expanded commercial uses are

encouraged, as in the Pedestrian Commercial category, the Land Development Code shall specify its permitted form and extent and provide a streamlined approval process. Landowners may also use the Planned Development rezoning process to seek approval of other forms of commercial development in that category.

• Policy 4-C-6 defines Motel Densities The Land Development Code shall specify equivalency factors between guest units (which include motel rooms) and full dwelling units. These factors may vary based on size of guest unit and on land use categories on the Future Land Use Map. They may vary between a low of one guest unit and a high of three guest units for each dwelling unit. (These factors would apply only where guest units are already permitted.) In order to implement the 1999 Old San Carlos Boulevard/Crescent Street Master Plan that encourages mixed-use buildings with second and third floors over shops on Old San Carlos, hotel rooms may be substituted for otherwise allowable office space in that situation and location only without using equivalency factors that apply everywhere else in the town. This alternate method for capping the number of hotel rooms applies only to properties between Fifth to First Streets that lie within 200 feet east and west of the centerline of Old San Carlos Boulevard. Hotel rooms built under this alternative method must have at least 250 square feet per rentable unit, and under no circumstances shall buildings they are located in exceed four stories (which the ground level counted as the first story)

o The entire Policy above must be read together to

determine which element appropriately applies to the subject property.

o The first sentence: “The Land Development Cade shall specify equivalency factors between guest units (which include motel rooms) and full dwelling units.” ▪ Identifies that the Land Development Code

dictates the equivalency factors for motel densities.

o The second sentence: “These factors may vary based on size of guest unit and on land use categories on the Future Land Use Map.” ▪ Describes how the equivalency factors may be

implemented. ▪ Implementation would continue to be through

the LDC as described in the first sentence o The third sentence: “They may vary between a low

of one guest unit and a high of three guest units for each dwelling unit. (These factors would apply only where guest units are already permitted.)” ▪ Again, describes how the equivalency factors

may be implemented. ▪ Implementation continues to be through the

LDC as described in the first sentence. o The fourth sentence: “In order to implement the

1999 Old San Carlos Boulevard/Crescent Street Master Plan that encourages mixed use buildings with second and third floors over shops on Old San Carlos, hotel rooms may be substituted for otherwise allowable office space in that situation and location only without using equivalency factors that apply everywhere else in the town.” ▪ This describes an exception to the above

sentences offered by the Comprehensive plan for properties meeting specific criteria.

o The TPI-FMB proposed deviation DOES NOT utilize this exception

o Rather, as suggested by the first sentence, the proposed TPI-FMB deviation request relies upon the Land Development Code

o When citing 4-C-6 of the Comprehensive Plan IT MUST BE followed up by a discussion of LDC Section 34-1803(2)

• LDC Section 34-1803(2) Guest Units exceeding these equivalency factors or exceeding 1,000 square feet each may be allowed under exceptional circumstances as described in the comprehensive plan if approved as a deviation through a planned development rezoning. Before such a deviation, the town council must find that:

a. All other aspects of the development (height, traffic, intensity of use, etc.) are compatible with the surrounding area.

b. The proposal clearly exceeds the standards of the Fort Myers Beach Comprehensive Plan; and

ZONING SUMMARY

c. In no case can equivalency factor increases exceed the maximum intensities allowed by the Fort Myers Beach Comprehensive Plan.

d. This Section outlines the flexibility of the LDC and Comp Plan for consideration and approval of the TPI-FMB requested Deviation #1 without any need for an Amendment.

o Again, the entire Item above must be read

together to determine which element appropriately applies to the subject property.

o First sentence “Guest Units exceeding these equivalency factors or exceeding 1,000 square feet each may be allowed under exceptional circumstances as described in the comprehensive plan if approved as a deviation through a planned development rezoning.” ▪ Describes that Guest Units can exceed the

equivalency factors under exceptional circumstances

▪ Describes that if guest units are to exceed the equivalency factors it must be approved by a deviation in a Planned Development Rezoning.

▪ It is important to note: TPI-FMB is utilizing the Planned Development Rezoning for this reason. We acknowledge that we exceed the equivalency factors. ▪ Exceptional circumstances are not

defined in the Comprehensive Plan ▪ The 1999 OLD San Carlos Boulevard is

not an exceptional circumstance ▪ The LDC implements the

Comprehensive Plan ▪ TPI-FMB is using the appropriate

mechanism when reading Policy 4-C-6 AND LDC Section 34-1803(2) together

Zoning Commercial Planned Development

• Enables ALL elements of the proposal to be evaluated and conditioned o Unique characteristic of the PD request o Not typical of development within the Town since

incorporation o Provides Staff, LPA and Council more oversight of

the final development

• Must request to utilize the regulations of the Downtown Zoning District

• Must request a deviation to utilize Floor Area Ratio o Per 34-1803(2) as mentioned above

• Must justify deviation request o With our application being the “first” it will set the

“bar” every request will have to meet or exceed our bar to achieve the same end result

• Density and Intensity of a Planned Development is ONLY determined by Town Council via approval of the PD zoning request

o LDC Section 34-931(c) outlines this requirement

TPI-FMB

• Unique location on the island o Pedestrian Commercial FLU o Downtown Zoning District o Together these designations permit the most

intense commercial uses on the island ▪ When the FLU Map and Downtown Zoning

District Map are compared, they overlap each other. This was intentional to address the commercial intensity needed to create a “downtown” as desired by the Comprehensive Plan and Land Development Code

• Justifies the requested deviation with numerous public benefits o These benefits set the “bar” that all others have to

meet or exceed o Remember all others are limited in location AND

reviewed by Staff, LPA and Council providing ample opportunity for public input on the benefits offered

Other Hoteliers/Properties To achieve the Floor-Area-Ratio (“FAR”) that TPI-FMB is requesting, a future project:

• Must be within the Pedestrian Commercial Future Land Use Category o This would exclude Pink Shell & most hotels on

the island

• Must submit a Commercial Planned Development

• Must request a Deviation AND Justify it

• Must be evaluated by the LPA and Council

• Must demonstrate they meet or exceed TPI-FMB benefits

Items to note

• The TPI-FMB request IS NOT a deviation from the Comprehensive Plan o There is no such option available for any

development

• The application materials clearly demonstrate consistency with the Comprehensive Plan

• The Downtown Zoning District has the highest FAR permitted, every other zoning district is 1.2 or less o FAR Max of 1.8 based on location o We are consistent with this limitation even though

we could go up to 1.4

• Not a precedent with the level of review and public input required by the PD process

ZONING SUMMARY CONT.

In reference to the proposed TPI-FMB Project, some have raised the subjects of Density, Intensity and Precedence. The below information is intended to provide insight on these issues in light of the Town’s Comprehensive Plan often referred to as the Comp Plan. Below is a walk through the uniqueness of the proposed TPI-FMB projects criteria that supports the use of Floor Area Ratio (“FAR”) and criteria that sets a very challenging threshold for any future project to be able to argue TPI-FMB set a precedence for their project. All of this is based upon the Town’s Comp Plan. 1. FAR for Hotels only applies in the Future Land Use Map (FLUM) Pedestrian Commercial area of the island and is at

the Council’s discretion; no other hotel can be considered Commercial and be allowed to use FAR other than in the designated Pedestrian Commercial Future Land Use Map (FLUM) area. TPI’s land is within the Pedestrian Commercial FLUM area which is primarily the Downtown Times Square District.

2. Must comply with all aspects of the Comprehensive Plan which TPI’s proposed project does; if someone owns land in the defined Pedestrian Commercial FLUM, they would need to make an Application for a Commercial Planned Development. In order to be considered for approval by the Council, the CPD Application has to meet or exceed the requirements/criteria of the Comp Plan. Deviations may be considered.

3. Public Benefits; Lastly, for the TPI-FMB project to set precedence, if a project met the first two threshold measures, it

would then have to be deemed to meet or exceed the public benefits the TPI-FMB project provides. Refer to the Public Benefits Addendum. As one will see, it would be extremely unusual that the TPI-FMB project would set a precedence applicable to future project Applications to the Town of FMB.

4. Pre-Hurricane Charley all of the TPI-FMB property was actively operating as bars, restaurants, retail shops, hotel,

rental cabins, post office, etc. Additionally, at that time on Crescent Beach Family Park and the County-owned Sea Farer’s property were more hotels, bars and restaurants and retail shops. At that time, it was an active commercial pedestrian friendly area. The TPI-FMB proposed project would help re-invigorate this area defined in the Town’s Comp Plan as the most intense commercial pedestrian friendly area of the Island.

PRECEDENCE ANALYSIS

• View Corridors o Does not have a negative impact on the view of the

Gulf from the top of the Sky Bridge o Creates 324’ of direct Gulf view from Estro Blvd. that

doesn’t exist today as a result of removing beachside buildings.

o Concentrates the building intensity on the non-Gulf side of Estero Blvd. on the current Helmerich Plaza property.

o Relocation of above ground utility lines to below grade, removing visual clutter.

o The majority of the three-story building bayside of Estero Blvd. is along Crescent St. and Fifth Ave. resulting in a lower profile immediately adjacent to Estero Blvd.

• Creates the opportunity for another LeeTran stop/pickup

• Creates two public access pedestrian over-passes for pedestrian and bicyclists, one over Estero Blvd. and the other over Fifth Avenue, constructed at the developers cost. Both have stair and elevator access on each side of the streets.

• Creates a Town owned expanded beach access to replace Canal street that is wide enough to accommodate between 24-26 metered car parks for public use, emergency vehicle beach access and pedestrian beach access at the cost of the developer.

• Creates a second public beach access through the middle of the beach side development.

• Enhanced Storm Water Detention for the entire 6 acres which is non-existent today along with the willingness to work with the Town to create additional capacity to help solve some detention issues in the immediate area at the developer’s costs.

• Construction of and completion of sidewalks surrounding the development area at the developer’s costs. Landscape to include Palm Trees to create Avenue of the Palms effect not otherwise existing.

• Creating many interactive resort amenities accessible to residents, their guests and other resorts guests to include restaurants and bars, retail, aquatic beach club, coffee shop, entertainment, etc.

• Traffic & Safety: o Eliminates all ingress’ and egress’ that currently exist

along Estero Blvd. which enhances flow of traffic along Estero Blvd.

o Contains all ingress and egress points to along Crescent Street at the furthest distance from Estero Blvd./Crescent St. intersection and along Fifth Avenue. Pedestrian over passes mitigate traffic conflicts & improves safety

o Destination Resort use is the least vehicle day trip traffic generator use and generates less vehicle day trips than the current/previous approved uses

o Resort employees will be compensated for using the LeeTran park and ride facility currently being built at Summerlin and Pine Ridge

• Parking; in addition to meeting the resort parking requirements, excess parking will be available to the public

• Scale of Development; the TPI-FMB project as proposed has a FAR of 1.1 which is almost 30% below that which is allowed of 1.4.

PUBLIC BENEFITS

EXISTING CANAL STREET / PUBLIC R.O.W. =

PROPOSED PUBLIC R.O.W. AND EASEMENT =