Estero Development Report

Volume 4, Number 8
Issued December 2004

Edited by ECCO--the Estero Concerned Citizens Organization

For further information, to provide information or to add names to our mailing list,
Email Don Eslick at doneslick@worldnet.att.net or call him at 949-4050

January Opportunities for Citizen Participation In Protecting Estero's Quality of Life

Index

ESTERO ACTIVISM:
THE PRACTICE OF CITIZEN INVOLVEMENT, ENGAGEMENT AND INFLUENCE

In the unincorporated Village of Estero, Florida we are blessed with citizens who are taking community involvement to new levels. For those of you who live and/or work in Estero and who would like to participate, you are welcome to join us in the creation of a very special place in southwest Florida.

If you are interested in participating in growth management in Estero, please join us regularly at monthly public meetings of the Estero Community Planning Panel (ECPP) and the Estero Design Review Committee (EDRC), respectively. By doing so you will be afforded the opportunity to learn about and influence developer plans for our community. To date over three thousand people have attended public meetings and have heard over 120 presentations by developers and others who are involved in shaping our community.

If you are interested in constructing solutions to issues and problems, please join us regularly at monthly public meetings of the Estero Council of Community Leaders (ECCL) where representatives of Estero organizations and residential communities collectively strive to work together for the benefit of Estero.

If you are interested in hearing from and dialoging with county officials and leaders, please join us regularly at public meetings of the Estero Civic Association.

If you are interested in the rich history of Estero, please join us regularly at public meetings of the Estero Historical Society.

  Roadway Progress Report

On December 17^th Johnnie Limbaugh, Florida DOT Regional Office Manager, discussed the status and plans for all Federal and State road projects impacting Estero with the Estero Council of Community Leaders (ECCL). At the same meeting Dave Loveland, Lee DOT's director of transportation planning, made a similar presentation on County roadways. The following section summarizes their reports.

State and Federal Roads

Segments of US 41 Now Under Construction

FDOT's latest estimate for completion of 6-laning US 41 between Old 41 to Corkscrew Road is January 31, 2005, about 2.5 years since construction began on that segment. This segment has been planned with sidewalks but without street lights. Consequently, the need for streetlights must be separately assessed and money budgeted for their installation prior to design and installation.

In mid-2005 the segment from Old 41 (south end) to Bonita Beach Road is expected to be completed with sidewalks and street lighting. Finally, the segment from Bonita Beach Road north to Old 41 is planned for completion in late 2005, also with sidewalks and street lights.

US 41 From Corkscrew Road to San Carlos Park

On October 20th FDOT announced that due to increases in the cost of steel, fuel and concrete that funding for 6 laning of US 41 between Corkscrew Road and San Carlos Park would be delayed until the state's 2009-10 fiscal year starting in July 2009. On December 3^rd several Estero leaders objected to this decision at a meeting of the Lee County Metropolitan Planning Organization (MPO). The MPO is the long range planning body for all Lee County Transportation projects, county, state and federal. Several members of the MPO expressed concern about the delay but all voted to authorize it except for Lee County Commissioner Ray Judah.

Mr. Limbaugh indicated at the ECCL meeting that the design of this segment is now 60% completed and that the permitting and right-of-way phase of the road would be completed in 2007 (Throughout the Wal-Mart zoning process we were told this work would be completed in mid-2006). If an interim financing plan is not developed and implemented, construction of the segment will not begin until at least 2 years after the road is ready for construction. Several member of the ECCL asked Mr. Limbaugh to have FDOT schedule another Public Information Workshop on this project in the community soon, now that the 60% design has been completed.

I-75 Corkscrew Road Intersection Improvements

In January FDOT plans to begin widening the approaches to and from I-75 at Corkscrew Road. This project is similar to the recent improvements constructed at I-75 and Daniels. It is designed to increase the capacity of the entrances to and exits from I-75 at this busy intersection. The project should be completed by the end of 2005.

I-75 Widening

Between Daniels Road and Bonita Beach Road

Limbaugh indicated that funds have been budgeted for construction of the widening of I-75 to 6 lanes throughout the two segments that directly affect Estero in the 2007-08 state fiscal year, beginning on July 1, 2007. In addition legislation that would create a toll way authority that would permit "drivers to choose" an additional 4 lane toll way within the existing right-of-way is being refined by Rep. Davis for consideration by the Florida legislature during 2005. Stoneybrook representatives asked Limbaugh about FDOT plans for noise suppressing walls along the route. Limbaugh indicated that there were no plans to install walls along the route but that the design phase is still underway and that community input would be solicited once the design is further along. Subsequent press reports indicate that these walls are likely to be included in FDOT's plans.

County Roads

Three Oaks Parkway Progress Report

At the December 17^th meeting of the ECCL Dave Loveland of Lee DOT updated us on the progress of the three segments of Three Oaks Parkway that will have an impact on Estero.

The design of the segment between Corkscrew Road and Alico Road has now reached the 90%. Permit applications have been filed with the South Florida Water Management District and with the U. S. Corps of Engineers. The County is well along in the right-of-way acquisition process. Construction funding has been provided in this year's budget and contracts will be let for this four laning widening project within a 6 lane right-of -way next summer, with construction to start soon thereafter.

The roadway landscape money for this segment is budgeted for the 2005-06 fiscal year and the early landscape design has been reviewed by the County's Roadway Landscape Advisory Committee.

The 60% design of the segment from Bonita Beach Road to E. Terry Street (Imperial Street) has been completed and voluntary right-of-way acquisition has been underway for some time. Construction is expected to begin about September 2005, with completion forecast for the spring of 2007. The County hopes to complete all of Three Oaks prior to the beginning of the I-75 widening.

The 60% design of the Coconut Road to E. Terry Street segment was completed earlier this year and much of the property needed for right-of-way has now been purchased. All permit applications have been filed with the South Florida Water Management District and the Corps of Engineers. Funding for construction is now available and construction is also expected to begin in September 2005. Construction of this 4 lane road within a 6 lane right-of-way is expected to take about 18 months, thus this road segment should also be available for motorists in the spring of 2007. Landscape funding is budgeted for the county's 2006-07 fiscal year, which starts in October 2006.

Sandy Lane Extension

from Corkscrew Road to Pelican Colony Boulevard

During the summer the County approved the Development Agreement with the developers of Coconut Point authorizing them to build this 3 mile segment of Sandy Lane as a four lane collector road. The developers hired two engineering firms to expeditiously design the road. The design is now 90% complete. Permitting for the road was implemented by the developers when they filed for approvals for the projects that include the alignment. The right-of-way has all been committed and was recently conveyed to the county.

Construction contracts are now being negotiated and construction is expected to begin in January. The target completion date is October 2005.

Sandy Lane

from Corkscrew Road north to Alico Road

The County has budgeted $10 million for the design and right-of-way acquisition of this segment of the road in the County's 2007-08 fiscal year, beginning on October 1, 2007.

Estero Parkway Extension (I-75 Flyover)

This expensive, $19.4 million, 9 tenths of a mile project is primarily funded by funds derived from the Miromar Lakes and Gulf Coast Town Center DRI projects. The timing of these payments has caused the County to delay the construction of this road by one year, until the 2005-06 fiscal year, which starts in October 2005.

The project extends from Three Oaks Parkway to Ben Hill Griffin Parkway. Currently the project has been designed to the 60% level and right-of-way acquisition is nearing completion. The County has submitted its permits to the South Florida Water Management District and the Corps of Engineers.

Other Estero Council of Community Leaders (ECCL) Actions

Responding to Bonita Springs Annexation Initiative

At its December 17^th meeting the ECCL unanimously approved the following actions in response to reports that the City of Bonita Springs has met with County officials to discuss their annexation plans:

• Form an "Annexation Review Committee" to advise the ECCL on the legal, policy and strategy issues that the community faces as a result of Bonita Springs plans to annex property in Estero now that the moratorium expired on December 31, 2004; and
• Screen and hire a knowledgeable and experienced attorney to assist the ECCL and the Estero community to thoroughly understand the annexation process and to ensure that the City of Bonita Springs conscientiously adheres to the applicable laws; and
• Determine the amount that each community should contribute toward the cost of this legal representation.

On December 24^th the News Press printed a letter from William Schultheis arguing that Estero could have prevented Bonita Springs' annexation effort by incorporating a couple of years ago when "Save Estero" was pushing that idea. The following letter provides some valuable background for those who are new to Estero or do not know all the fact about that episode:

"William Schultheis, in his 12/2/04 letter titled "Saving Too Late" criticized Estero's efforts to avoid annexation into Bonita Springs. It is an excellent example of the old adage "a LITTLE knowledge can be a dangerous thing". The gist of this letter is that we (Estero) should have incorporated several years ago; but having missed that opportunity, whatever we do now is too little and too late.
       Now, let's review the facts. When Bonita Springs was in the process of incorporation, Estero's leadership asked the Local Legislative Delegation for a moratorium that would prohibit B/S from annexing any portion of the Estero Fire District for a period of 5 years. The delegation approved that request and that moratorium expires on 12/31/04.
      Another fact to be understood is that it is up to the State Legislature to grant cityhood; and the Legislature typically rubber-stamps recommendations on local issues presented by the Local Legislative Delegation. When Save Estero tried to incorporate Estero two years ago and Bonita Springs opposed it, several members of our Local Legislative Delegation opposed it because the moratorium they had imposed was preventing B/S from an opportunity to annex land immediately adjacent to their border.  Florida law appears to give municipalities' first priority on incorporation of land within two miles of its border.  Hence, we were told that any incorporation of Estero that included land within two miles of Bonita Spring's northern border had no chance of approval until after the moratorium expired. It is for these reasons that Save Estero's incorporation effort was completely ignored by the Local Legislative Delegation.
      Now, in a timely manner, the Estero Council of Community Leaders (ECCL) unanimously voted to take all appropriate steps to defeat Bonita Spring's absorption of all or any part of Estero. If we are to preserve the integrity of Estero's boundaries we'll need legal assistance; and we'll need an effective public education program for all Estero voters residing in the path of any Bonita Springs land-grab.
      To be annexed, a majority of the voters in any area Bonita Springs chooses to annex must vote in favor of annexation. We believe that a well informed electorate will not choose Bonita Springs over Estero. Estero employs higher standards across the board--and Bonita Springs has many more municipal problems that Estero has thus far avoided. (Crime, flooding, inadequate (dirt) roads, etc).

Once we have repelled Bonita Springs land-grab, the citizens of Estero can consider the pros and cons of incorporation including the area adjacent to Bonita Springs. So please    understand, Mr. Schultheis that the horse is still in the barn and the barn door is well tended.

        And importantly, if you want to become involved in protecting Estero from the Bonita Springs land-grab, please get in touch with us. We would welcome your help."

The letter was signed by Barbara Akins, Chair of the Estero Civic Association; Neal Noethlich, Chair of the Estero Community Planning Panel and Don Eslick, Chair of the Estero Council of Community Leaders. The News-Press ran part, but not all, of this letter in its December 31^st edition.

The Williams Road/US 41 Intersection, Paradise Shoppes and West Bay Rezonings

Dick Schweers of Fountain Lakes reported on the Paradise Shoppes Committee's successful efforts to have the developers of this project assist in designing and financing the needed improvements on the west side of this intersection. As reported last month on November 29^th the BOCC voted to require as a condition of the zoning that the project's Williams Road exit shall not include a left turn exit until the Williams Road intersection with US 41 has been improved satisfactorily. Subsequently the Committee met with County staff to discuss possible actions that could be taken to gain the support of the County and other developers of projects that contribute traffic to the problem area and to explore possible solutions to the problem.

Don Vilnius then reported on the efforts of the informal West Bay community organization to negotiate the concerns of their homeowners group with the new developers of West Bay, Lehman Bros. In particular he noted the intensity of development on one of the high-rise tower sites that has already been zoned and as proposed for the high-rise tower site that the developer is currently seeking to rezone.

The ECCL voted unanimously to assist the West Bay residents group with their rezoning concerns and regarding West Bay's impact on the William Road intersection, a broad community concern.  

Estero Housing Permits Increase Over 2003

During November Estero housing development continued its rapid growth with another 92 housing units permitted during the month. That brings the total for the year to 1,485 units, 60 units more than for all of 2003.  

The following table shows how the first 11 months of 2004 compares with the same period during the prior four years:

The first 11 months of 2004:

• ranks third of the five years in the number of housing units permitted;
• ranks first of the five years in total building value and is up by over $100 million from 2003;
• has by far the highest building value per unit --- up by 17% over the next highest year (2002);
• continues the trend toward single family homes.

The building value of the typical housing unit permitted in Estero this year is 17% higher that the next highest year (2002) and 38% higher than all the other years. Much of this difference is due to the increase in the single family home share of the Estero housing market. The residential building value understates the purchase price of each residence because it excludes the value of the underlying land.

Although residential permitting in Bonita Springs has increased greatly in the last couple of years, residential growth in Estero during the first 11 months of 2004 still was 14% higher.   

Estero's Commercial Growth Spurt Has Now Begun

Building permits have recently been issued for construction of the Miromar International Design Center and the Embassy Suites Hotel. As the following table indicates the total value of commercial building permits (excluding multi-family residential) issued in Estero during the first 11 months of 2004 easily exceeds all prior years, except 2000 when the Hyatt Coconut Point Resort was permitted.

Currently Under Construction in Estero

Until recently over 90% of Estero's development has been housing. In the late 1990's Estero's commercial development was launched by the Miromar Factory Outlets Mall and Tico (now Germaine) Arena and the much smaller Corkscrew Village Shopping Center. In 2001 the Hyatt Corporation opened the Hyatt Coconut Point Resort and Spa. These have been Estero's commercial anchors until now.

As the following table indicates in 2004 eleven commercial projects began construction. Of that total three projects are major undertakings -- The first phase of the Coconut Point Town Center Shopping complex, the first phase of the Miromar International Design Center and the seven-story Embassy Suites Hotel and Conference Center. Several others are substantial undertakings that in many communities would be considered major projects. 

Commercial Projects

Public Projects

As reported elsewhere in this report the segment of US 41 under construction is forecast by FDOT to be completed in about one month, by the end of January 2005. The other two public projects are just getting underway. The new Coconut Point Fire Station is expected to be completed in about 5 months. The new Estero Community Park will probably have the biggest impact on the community, with its 42,000 square foot community and recreation building and its Amphitheatre and Central Lawn with seating for thousands for concerts and other performances.

Residential Projects

As reported elsewhere in this report Estero's residential growth continues at a feverish rate. As the following table indicates there are twenty three residential communities now under construction in Estero. As the status column indicates some developments are just getting started, others are more mature and still others are winding down. Few, if any, areas in southwest Florida, comparable to Estero's relatively small 22 square miles, have so many active residential communities under development.

Development Order Reviews by the Estero Design Review Committee (EDRC)

Galleria at Corkscrew CPD

The developers of this project first disclosed their plans to the ECPP in April. They continued to improve on their plans and returned to present their detailed plans to the EDRC on December 8^th. The detailed architectural and landscaping plans for the Design Parc are among the most attractive that have thus far been presented to the EDRC and the community.

The developers control over 25 acres on the northeast corner of Sandy Lane and Corkscrew Road that will ultimately be developed as three adjacent projects.

The first project, called "Galleria" is located on 9.9 acres at the western end of the property immediately adjacent to Sandy Lane. This proposal requests 100,000 square-feet of retail space to be developed on four parcels.

The second project, the "Design Parc" will consist of six buildings located on 11.4 acres immediately east of the Galleria project. The third project will be located on the eastern 4.2 acres. It is zoned for medical office use and is being marketed as a separate project for that use. The latter two projects request 100,000 square-feet of commercial space of which 60,000 square-feet will be retail and 43,000 square-feet of office space.

The eastern terminus of this property is about 100-feet east of Corkscrew Palms Boulevard. The main entrance to the project on Corkscrew Road is directly across from Corkscrew Palms Boulevard, the entrance to the new Estero Community Park.   

Unique to the proposal is a 20-foot deep “water feature” with two fountains which would front the property along Corkscrew Road and require a 125-foot setback of the Design Parc buildings from the road, in contrast to all the other buildings on this segment of Corkscrew being only 25 from the road right-of -way.

The EDRC recommended approval of the development order with the following suggestions/comments.

• Applicant presented a request for a deviation of the setbacks for a lake for the center buildings only. The committee was most impressed with the elevations and lake and supports this request. Lining of the lake was recommended to prevent a water level drop.
• The east side and west side buildings will satisfy the overlay setback codes.
• The committee also is in favor of relaxing requirement for a hedge to accent the lake feature.
• The committee recommended integrating water tolerant plantings throughout the detention area edge towards Corkscrew Road.
• Dumpsters should be planted on three sides.
• Fire department requested the turning radius for emergency equipment be reviewed. Clearance for fire hydrants should be 7’6” front and 4’ in the rear.
• A minimum tree size of 12’ to 14’ in height was recommended.
• The committee asked the developers to return to present their signage plan when it has been completed.

The developers expect to begin construction of the Design Parc next summer or fall with occupancy in late 2006.

Coconut Trace CPD

Coconut Trace is a combination of two previously approved commercial projects, Tulip Trace and Estero Pointe. Coconut Trace is a 24 acre project located on US 41 in front of the Marsh Landing community. On September 8^th the EDRC reviewed the initial plans for this development, made numerous suggestions and asked that the developer return after the plans were improved and project design standards that would ensure that each of the parcels would have compatible architecture and landscaping were completed.

On December 8th the developer returned to the EDRC with his updated plans and 47 page Coconut Trace Design Review Guidelines that are as good as or better than any that have been reviewed by the EDRC.

The EDRC was satisfied that the developer had responded to all of their earlier suggestions (see our September Report). Thus, the EDRC recommended approval of the development order with the following suggestions/comments.

• Committee recommends that the internal roadway be extended south to Coconut Road. Until that connection can be made, this road should terminate in a cul-de-sac.
• Lack of connection to Marsh Landing is not in the spirit of the overlay, including a pedestrian connection.

Classic Car Wash @ Plaza del Sol

This applicant made presentations to the EDRC at both their November and December meetings. The project, which will contain four small retail or office spaces in addition to a car wash, is planned for the far northwest corner parcel in Plaza del Sol. Plaza del Sol is located on the northeast corner of Three Oaks Parkway and Corkscrew Road.

The developer, who is a resident of Wildcat Run and has worked diligently with the EDRC, brought his revised plans to the December 8^th meeting of the EDRC for their approval. The EDRC recommended approval of the development order with the following suggestions/comments all of which the applicants agreed to pursue:

• The committee recommends “S” roof tile, profile or higher with flashing.
• Increase the size and number of dormers.
• Fire department requested clearance of 7’6” in front and sides of fire hydrants and 4’ at the rear.
• Applicant agreed to return to the EDRC after the building colors, tile colors, sign package and landscaping have been reviewed by the Plaza Del Sol design review committee.

This project has been held up because the owners of Plaza del Sol must sell 30 foot of land along the western edge of the property so that Lee County can widen Three Oaks Parkway. On December 18^th the BOCC approved an offer of $697,000 for the 35,211 square foot strip of Plaza del Sol land along Three Oaks. Once the purchase is complete the property can be replatted and the Classic Car Wash developers can purchase the property and begin construction.

Barkis Car Wash

at the South Estero Commercial Center

This project would be located on US 41 just south of the Corkscrew Village Shopping Center between the Mobil Gas Station and the storage facility. The developer made his first presentation of the project to the EDRC on December 8^th. The plan as submitted failed to satisfy several Estero Code requirements. However after considerable discussion the EDRC recommended approval of the development order with the following suggestions/comments:

• The landscaping needs to meet minimum code.
• Natural grouping of sables on the east and west side of the building with staggered heights planted no closer than 4’ and no farther than 8’ from the building.
• Suggest cord grass in the dry detention area planted 2’ to 3’ on center for low maintenance.
• Roof tile should be high profile “S” type tile.
• 8” fascia recommended.
• Diamond accents should be installed in lieu of bands on north and south sides of the building.
• Committee recommends changing the color of much of the building and wants to review new color chips, roof tiles and awning color at a future meeting.
• Raised questions about the proposed beverage building.
• Suggest relocating planting island on north end of  building and planting 5 staggered sabal palms surrounded by shrubs.
• Suggest relocating cypress trees on SE & SW sides of the retention pond.
• Suggest moving the dumpster 5’ north to create landscape area on its south side and install plantings on 3 sides of the dumpster.
• Asked to review the signage plan for the building and the monument signs for the project.
• Clearance for fire hydrant on corner need to be 7’ 6” in front and 4’ in the rear.
• Applicant agreed to return to the EDRC as soon as revised plans are available.

 Development
Project Progress

Coconut Point

On December 15^th the developers of Coconut Point asked a Lee County Hearing Examiner to approve a new mix of housing units for the Town Center part of the project.  If approved the amendment would:

• Decrease the number of hotel units from 600 to 350; and
• Increase the number of condominiums from 550 to1,000; and
• Decrease the number of apartments from 450 to 250.

There was no opposition to these changes.

The City of Bonita Springs appeared at the hearing to encourage the developer and the County to accelerate the construction of Sandy Lane from Coconut Point's southern border to Old 41. This segment, which is located entirely in Bonita Springs, has not been funded and the City is encouraging negotiations that would produce some County and private funds to design, acquire right-of-way and construct that segment.