Acting Planning Director Keith Williams read the title into the record. 

The Commissioners were polled for site visits and exparte communications.

Commissioner Grogman                 Site Visit          No Exparte

Commissioner Ketteman                Site Visit          No Exparte

Vice Chair deWerff                        Site Visit         No Exparte

Chair Marks                                   Site Visit          No Exparte

Commissioner Storjohann               Site Visit         No Exparte

Commissioner Johnson                   No Site Visit    No Exparte

Commissioner Kirchner                  Site Visit          No Exparte

Planning Commission Secretary Sherri Enright swore in the following witnesses:

Roy Gibson, Senior Planner City of Sanibel

Keith Williams, Acting Planning Director

Rene Affourtit, Applicant for Property Owners West Wind Associates of Sanibel, L.L.C

James Struthers, Project Engineer

Roy Gibson, Senior Planner, provided a brief overview of the application and entered into the record the Staff Report dated August 28, 2018 as City Exhibit C-1, including Attachments A-E.  Mr. Gibson also entered into the record an email from Laura Kreter dated August 23, 2018, as Public Exhibit P-1.  Ms. Kreter's public comment raised an objection to the Application.

The Applicant proposed to amend its previously approved Conditional Use Permit to have a condition that limited the use of the accessory resort housing restaurant to only paying guests of the hotel rescinded. Subsequent to the date of the original Conditional Use Permit that included the restriction, the West Wind Inn has removed two tennis courts and created additional parking spaces which are now sufficient to address the needs of a public restaurant.  The Applicant now seeks to remove the condition and allow public access to the restaurant. 

Mr. Gibson noted that an application for Conditional Use must meet all specific and general requirements of the Land Development Code ("LDC").  In this instance, the Applicant has submitted a parking and traffic study that demonstrated the additional parking required by the specific requirements of LDC Section 126-83 had been met. 

Based on the parking demand analysis, the restaurant would require 120 parking spaces. The Applicant has proposed 137 parking spaces. Therefore, Staff finds there is adequate parking to address to requirements.  Staff further finds that there would be a de minimus impact on traffic.

Should the Planning Commission find the Applicant meets the specific and general requirements for conditional use, Staff recommends approval of the request, subject to the seven (7) conditions set forth in the Staff Report.  Mr. Gibson also clarified that the approval of this Application applies only to the indoor restaurant (known as the Normandy), with the outdoor pool bar and restaurant remaining limited only to hotel guests.  The approval also applies only for sit-down dining and not walk-up/carry out dining.

The Commissioner posed questions to Staff, which questions were addressed accordingly.

Commissioner Storjohann asked about the use of the upstairs room of this facility.  Mr. Gibson noted there is no proposed change of use for the second floor of this building and therefore, it is not addressed in this Application.  At this time, the current use of the upstairs room does not impact the conditional use.

Vice Chair deWerff asked if there were other similar situations in the City. Mr. Gibson noted there are certain other businesses that have either been grandfathered or otherwise allowed. In this instance, the Application is unique because there has been a previous restriction on this type of use.

Commissioner Ketteman asked whether the parking analysis addressed hotel staff parking needs. Mr. Gibson noted that the parking standards for the Resort Housing District suggest 1.5 parking spaces for each unit.  These are just a guideline and the Applicant's traffic study found that the needs for the facility was 1.0 parking spaces for the units.  With this analysis, there are more than sufficient spaces for Staff.  Acting Director Williams also addressed the manner in which parking needs are often determined by engineers. 

Commissioner Ketteman also asked about the "take-out" restriction and whether that was restriction to the general public and not hotel guests. Mr. Gibson clarified the restriction was for a walk-up or drive-through facility and not to carry out per se.

Commissioner Grogman asked about the condition for the limitation on the floor area allowed.  Mr. Gibson noted this was a carry over from the prior conditional use permit.

Applicant's Presentation.

Rene Affourtit appeared on behalf of the Applicant.  Mr. Affourtit noted the West Wind Inn had been in business for 50 years and was proud to be a part of the City.  Mr. Affourtit clarified that the upstairs facility was used only for meetings and conference calls. 

Mr. Affourtit noted that in its years of business, the facility had not had issues with parking and that with the addition of 27 parking spaces, it does not anticipate any adverse impact to the neighborhood.

Commissioner Ketteman clarified the restaurant is open for breakfast, lunch and dinner.

Vice Chair deWerff asked if the recent parking expansion were done in part due to a desire to open the restaurant to the public.  Mr. Affourtit noted that the prime purpose was that the tennis courts were not being used and more parking is always desirable.

Chair Marks complimented the Inn on its unique drainage system that was put in place.

Public Comment.

Holly Smith, Resident, asked for further clarification on the condition relating to carry-out and wanted to ensure that guests would not be precluded from carrying out.  Also, as a hotelier, Ms. Smith noted that the parking requirements assume running at 100% occupancy, which does not occur.  When looking at parking aspects, this has to be taken into consideration.

Staff noted that it could clarify the intent of Condition Number 1c to note that guests would be allowed to carry-out meals and clarified the condition was more intended for the pool-side bar. 

Commissioner Ketteman asked the Applicant about the concern in the public comment about beach access and asked if there were anything in the Application that would expand beach access.  Mr. Affourtit noted that the request would not impact or expand any other accesses originally allowed. 

The applicant accepts all conditions set forth in the Staff Report, including the clarification of Condition 1c.