ESTERO COMMUNITY PLANNING PANEL
Minutes of Public Meeting #128– April 18, 2011
Park, Estero, Florida
Panel Members Present:
John Goodrich, acting Chairman,
ECCL; Neal Noethlich, Emeritus Chairman; Ned Dewhirst, Estero
development community; Erik Dickens, ECCL; Jeff Maas, Estero Chamber of
Commerce; Greg Toth, Founding Member; and
Bill Brown, Recording Secretary, ECCL and
Treasurer, Bev MacNellis.
Brown reported that the meeting notice appeared in the Naples Daily News
online calendars, the Century- Link Estero Events Calendar and
Esterofl.org websites. The notice was posted at the South County
Regional Library, Realty World of Estero, and the BB&T and the Fifth
Approval of Minutes:
Brown distributed minutes of the February 21st meeting.
Dewhirst: Motion to accept the minutes: Dickens
Treasurer MacNellis reported a balance of $1,385.17 as of March 31,
2011. Report accepted.
Pelican Sound Admin
Amendment, River Club Improvements –
Beverly Grady, Roetzel & Andress, PA.
Sound Golf and River Club is seeking an administrative amendment to the
approved Residential Planned Development (RPD) zoning and Final Plan
Approval (FPA)to make improvements to the River Club portion of the
development. The proposed improvements include the minor extension of
the existing boat ramp, a new dock/temporary mooring slip to be located
off the existing fishing pier, and a new canoe/kayak launching area. The
proposed improvements are consistent with the approved Master Concept
Plan (MCP) and are necessary to improve safety and access for boaters,
kayakers and residents. Dewhirst asked if they had consulted neighbors
on the river across from the proposed improvements and was told they had
not because it was consistent with the previously approved plan.
Dewhirst also asked the width of the river and distance from proposed
dock to center of river/channel and was told approx. 300’ and 100’
respectively. Toth said he likes it. Noethlich and Dickens agreed.
Maas asked and was told that a
vessel would not be docked at the location over night.”.
said the Panel had no objection and that the minutes would reflect their
Methodist Church Rezone-
Professional Engineer, Lake Hickory Ventures, Inc. The Church is
proposing to rezone the 10.66 acres south of Lord’s Way (following a
meeting with County staff it was determined that the parcel north of
Lord’s Way that contains the Thrift Store should not be included in the
request). The property would be rezoned from Place of Worship to a
Religious facility and includes four proposed structures: a 1000 seat
sanctuary, a classroom building, a multi-purpose building and an open
air structure. The site will be upgraded including doing away with the
present septic tank system and connecting to Lee County Utilities which
will require an offsite forcemain improvement by the church. When
funding permits, it is likely that the classroom building will be built
first. A project traffic analysis had not been completed yet. Three
deviations are requested: a
15 ft buffer instead of the required 20 ft west of the western most
entrance and no buffer along the remaining portion of Lord’s Way; a 70
ft separation instead of 125 ft required between roadways; allow a break
in US41 30 ft buffer to permit the existing signage to be observed by
utilizing ground plantings that will not block the sign. Noethlich said
there should be one Master Concept Plan and asked about the right-in and
right-out entrances. Toth said there should be a right turn lane on the
entrance off US41. Dewhirst was concerned about how the overall project
traffic would be handled. He said it appears most project traffic
entering from the north and leaving the site to go southbound would need
to heavily rely upon Highlands Ave. and Broadway.
With over 1000 LF of US 41 frontage, it seemed there should be a
full cut on US 41 so to better handle the project traffic.
In addition there should be an
interconnection with property to the south. Dewhirst also added that the
northern property should be included in an overall master plan. Dewhirst
assumed the applicant would be proposing unified architectural standards
for the project. McKee said the County staff objected to including the
property to the North of Lord’s Way in the Master concept Plan. Dewhirst
said the County staff should be encouraged to reconsider their position.
Noethlich said the Panel is working on a new overlay for this area that
may emphasize use of Old Florida architecture. McKee stated that the
new/proposed buildings would likely be a version of Old Florida
architecture; however the existing structures would likely remain as-is
due to budget restaints. Toth said there should be one Master Concept
Plan for the whole property and that the county staff should be
encouraged to reconsider their position. Dewhirst asked the applicant if
they preferred to vacate Lord’s Way and they responded that they would.
The Panel discussed the possible vacation of Lord’s Way as a public
road. The Panel was in support of one Master Concept Plan.
Goodrich said the Panel would be willing to participate in a
follow-up meeting with the County and the Church and he encouraged the
Church to participate in the development of the new overlay for US41 as
the new Community Plan is developed.
Coconut Point DRI Zoning Updates –
Matt Uhle told the
Panel that OBP and Simon were
proposing to amend the Coconut Point DRI/MPD in order to 1)
extend the Coconut Point DRI
buildout date which is set to expire at
the end of 2012, 2) amend the
lands uses for Tract 1B , 3) propose
an electronic monument sign at the US 41 entrance and, 4) propose
a plan for self monitoring noise from outside entertainment. The
buildout date extension is necessary since remaining vacant tracts would
not be able to obtain permits after the buildout date.
Uhle added that a pending state bill may address this issue.
The amending of lands uses for Tract 1B is needed since the
proposed Art District at Rapallo project never materialized and the
developer did not purchase the property.
Uhle explained this would entail eliminating the overlay concept
plans unique to the Art District project which detailed uses such as
live/work units, residential/parking on
top of commercial, and a performing arts theater.
The remaining base MCP would show Tract 1B almost identical to
the original approvals in 2002. On the proposed sign they have requested
an amendment to the Land Development Code that would require them and
others to come to the Panel with
a specific proposal for signage. Therefore details of the sign such as
landscaping and message duration/content/size would be provided later
for county and Panel approval.
On the self-monitoring noise plan they are still awaiting a
response from the county and a letter is planned to near-by residents
giving them a phone number to call with complaints. The phone number is
239-440-2113. Other steps of the plan were outlined in a submitted email
to the Panel. Toth said he had no problem with rezoning to take out the
detail on the Art District since it had proved to be economically
unfeasible, the electronic sign would be more
of a concern since Miromar had
been denied such a request. Noethlich said he had no problem with them
being given the right to request an electronic sign. When they made such
a request the Panel would be concerned with copy and frequency of
change. Noethlich also added that the restaurant users of outdoor
entertainment should be proactive in monitoring the noise levels and not
wait for nearby residents to complain. Dickens said he was concerned
with the removal of the Performing Arts Center and the Art District in
view of the public desire that the Panel emphasize the development of
the arts. Dewhirst pointed out that the developer of the Art District
had found the market/community would not support a performing arts
theater and the schedule of uses
would change to reflect this. Don
Eslick suggested that they should keep the Performing Arts Center in
play in case the market changes. Uhle suggested that this could be done
by keeping it in the Schedule Uses while still making the DRI zoning
changes. Dickens agreed with this suggestion. Goodrich said he agrees
with giving the right to request an electronic sign, but the noise
monitoring needs more consideration. The Panel then heard from members
of the audience from the Brooks. Nick Batos spelled out the following
points that should be in the self-monitoring noise plan: 1. Permission
to use live music should not be granted automatically, 2. Properties
should submit specific plans to the Mall management, 3. The Mall
Management should monitor the noise daily, 4.the letter giving the phone
number for complaints should go to all residents within 2500 ft of the
Mall, 5. a monthly letter should be sent to the panel listing
complaints, 6. The Mall Manager should have the right to stop noise if
complaints are not resolved, and 6. 11:30 is too late a cut-off for the
noise –by that time it is a stand-alone-bar. Goodrich asked Coconut
Point Mall management that the noise plan be formalized so that it can
be circulated to the Panel.
Meetings if necessary can be held in advance of our next panel meeting
to hopefully finalize an understanding of how Mall management will
ensure nuisances are not allowed during events permitted under temporary
uses. Goodrich emphasized he
does not believe the panel should be in the business of permitting
temporary uses such as outdoor music nor provide enforcement.
He said he expects Mall management to ensure that their
businesses do not inconvenience the community.
ECPP: Update by
She reported that
the county staff was planning to deny Uptown Larry’s request for County
auditing of food and liquor sales since the County does not have the
staff to do this. Records provided reflect approx. 20% food sales, well
short of the required 50%. She also said the County also hopes to have a
response to the Panel’s proposed Workplan in May.
Panel was adjourned at 8:00 PM
NEXT REGULAR MEETING: May
16, 6:00 PM, Estero Community Park