LPA backs shifting public‑notice burden to applicants; debates broad fee‑withholding ordinance

The Fort Myers Beach Local Planning Agency on March 11 reviewed two draft ordinances that would change how the town handles public notices and unpaid fees tied to land‑use applications.

On notice requirements, the draft ordinance would amend Land Development Code section 34‑236 to require applicants for rezonings, development agreements and developments of regional impact to provide both mailed and posted public notice before LPA and town council hearings. Staff said the proposed change is intended to shift the operational burden from town staff to applicants and to require applicants to provide evidence — for example, affidavits and proof of mailing or signage — before a hearing can proceed. "We send out mailers and we are told all the time that people are not getting our mailers," staff said, explaining the rationale for the change.

The panel discussed the specifics of compliance, including whether certified mail or affidavits of signage would be required and how applicants would obtain lists of affected addresses (staff noted a link to Lee County GIS or the Property Appraiser is used now). Several LPA members raised practical concerns about part‑time residents and "snowbirds" who may not be present to receive mail and about the public‑records implications of electronic notice (one member observed that providing an email creates a public record). Members supported the concept of shifting the burden but asked staff to clarify required proof and to provide clear guidance for owner‑builders and small applicants.

On a separate draft ordinance, staff presented language to withhold acceptance of applications or issuance of permits until all fees and charges due to the town are paid, including costs for noticing, advertising, professional services, outstanding utility bills and code‑enforcement fines or liens. The draft includes exceptions for review needed for safety reasons. The LPA debated the breadth of that proposal. One member urged narrowing the scope to liens or fines that had completed due‑process (magistrate‑sanctioned liens) because those reflect an enforceable, final finding rather than disputed charges. "My fundamental belief is that somebody's coming and asking for a variance … and as a result of that, if you would agree to give me some flexibility … I will agree to comply with those conditions," said a member who favored limiting the scope to magistrate‑level sanctions. Other members favored broad language to avoid leaving enforcement gaps that applicants might exploit.

Members also discussed implementation mechanics: the town currently charges a modest fee to print and mail notices and sometimes prints postcards for applicants, staff said; applicants can also contract with third‑party firms to prepare and mail notices. Staff noted a future permitting system might permit geographic email alerts if property owners opt in, but that requires affirmative consent and creates public‑records considerations.

No final ordinance votes were taken; staff will bring the draft language to the Management & Planning (M&P) meeting and then to town council for further direction. The LPA expressed general support for shifting notice obligations to applicants provided the code specifies acceptable proof, and it indicated mixed views on the fee‑withholding ordinance with a request to narrow language or clarify exceptions for pending due‑process cases.