LPA recommends approval of development agreement for Killins Times Square project, allows mobile vending and three deviations

The Fort Myers Beach Local Planning Agency on Oct. 24 unanimously recommended approval of a home-rule development agreement for the property at 50 Old San Carlos Boulevard (the former Kilwins/Times Square site). The agreement authorizes a mixed-use redevelopment with ground-floor commercial (an ice-cream/mobile-vending footprint) and a two-story residential unit above; it includes three requested deviations from the Land Development Code.

Community development staff described the project as a modest, post-storm rebuild on an 1,119-square-foot parcel. The applicant seeks: (1) a rear-yard setback deviation from the standard 10-foot rear setback to 0 feet (LDC 34-674(b)(1)(a)), (2) an increase in the allowable floor-area-ratio (FAR) from 1.8 to 2.5 (LDC 34-675(c)(1)), and (3) a waiver of required edge planting (LDC 10-416(b)) because of the tight footprint. Staff noted stormwater and site drainage will need to be addressed and that some aspects may be handled through a broader Times Square infrastructure approach.

Planner Patrick Vanass and owner Carlos Chavez said the redevelopment is intended to reactivate Times Square with ground-level activity while meeting FEMA and floodplain constraints. Because the parcel sits in a VE (velocity) flood zone, the plan relies on a mobile (ice cream) vending trailer occupying the open ground-floor footprint now; if a future mitigation wall or coordinated district flood solution allows enclosure, the ground floor could be enclosed and made permanent. Vanass emphasized the project preserves a walkable ground-level retail experience while providing a modest upper-level dwelling.

Attorney Richard Aiken asked for limited changes to draft development-agreement language to clarify that the developer would pay a proportionate share of needed off-site improvements but would not be held responsible for full systemwide construction before receiving permits. Staff agreed to work with applicant counsel on precise wording regarding proportionate-share obligations and on clarifying whether a South Florida Water Management District ERP will be required. LPA members also asked for minor technical corrections in the draft agreement, a clarified square-footage total, and a condition requiring movable planters at the ground level in lieu of fixed edge plantings.

The LPA moved to recommend approval with the noted clarifications: (1) revise the agreement language to confirm that the developer will be responsible only for a proportionate share of off-site improvements and that proportionate-share calculations occur at permit time; (2) change the ERP permit language to "if necessary"; (3) correct the square-footage exhibit; (4) require potted vegetation in the pedestrian area; and (5) permit a unilateral termination clause to be revised so a termination reverts the property to its prior status. The motion carried unanimously and will be transmitted to the town council for final action.