Estero Community Planning Panel Minutes of
Public Meeting # 78
August 14, 2006
Marsh Landing Clubhouse, Estero, Florida
Panel Members Present: ECPP Chairman Neal Noethlich, ECCL; Jack
Lienesch, Estero Civic Association; Don Eslick, Estero Council of Community
Leaders; Lin Welch, Estero Chamber of Commerce; Greg Toth , Estero Development
Community; Dan Delisi, Estero Development Community; Frann Wagner Treasurer, ECA;
Recording Secretary Bill Brown, ECCL.
Public Participation: Forty participants were present including 33
members of the general public. Brown reported that there was a display ad in the
Bonita Banner on August 9. The notice was in the Estero section of the
News-Press Web page, the Banner Web and the joint Web Page – EsteroFL.Org. It
was in the Banner Briefly Column on August 9th. It was posted in the Library,
Realty World and the Wachovia and Colonial Banks.
Secretary’s Report: Lienesch: Motion to accept July 10th Meeting
Minutes. Toth: Second. Minutes accepted unanimously.
Treasurer's Report: July 10 balance: $6374.49, August 14 balance:
$6200.49
PRESENTATIONS
Lee County Discussions of Proposed Mixed-Use Density Amendment
Richard Burris and Matt Noble.
Mr. Burris gave a Powerpoint presentation on Amendments to the Lee Plan which
will provide for mixed use. CPA2005-35 was approved by the Local Planning Agency
on July 24, 2006. CPA2005-37 will go to the local Planning Agency in September
or October and to the County Commission in December. Mixed Use Overlays are
planned. The proposed
Estero-on-the-River project was cited as a possible mixed-use project in
Estero. The CPA2005-35 definition of: “MIXED USE - The development, in a compact
urban form, of land or building or structure with two including residential and
one or more different but compatible uses such as but not limited to:
residential, office, industrial and technological, retail, commercial, public
entertainment, or recreation. These uses may be combined within the same
building or may be grouped together in cohesive neighboring buildings with
limited separation, unified form and strong pedestrian interconnections to
create a seamless appearance.” There also are definitions for density, extended
pedestrian shed, façade, form-based code, greyfield development, infill, liner
building, open space, park-once environment, redevelopment, streetscape,
traditional neighborhood development, transit-oriented development and village
commercial. For details see:
http://www.lee-county.com/dcd/PlanAmendments/PA2005-2006/CPA200535.pdf
http://www.lee-county.com/dcd/PlanAmendments/PA2005-2006/CPA200535A1.pdf
http://www.lee-county.com/dcd/PlanAmendments/PA2005-2006/CPA200535A2.pdf
Request for Special Exception (21474 River Ranch Road)
Tami Black and Carol Channels gave a graphic presentation of their
proposed preschool – it is
intended as a preschool, not a daycare, utilizing an existing single-family
residence, with an academic focus on learning. It will be a State licensed
preschool with certified teachers. The term “Daycare” is being used only because
of the way in which the State licenses these facilities. There will be
three-hour sessions, two sessions per day, with up to 12 students per session.
First Session is planned to run from 8:30am to 11:30am, and Second Session is
planned to run from 12:30pm to 3:30pm. A semi-circular drive will be added to
the property to aid in drop-off and pick-up of students. A traffic analysis
shows that it would have only minor impact on River Ranch Road. Landscaping is
planned to provide buffering from the residential neighbors. The request for a
special exception goes to County Staff and on to a hearing examiner who will
make a final decision, for or against this use, with or without conditions. The
decision is not subject to review by the County Commission. In response from
inquiry from Eslick, Black said that they had contacted the neighbors and while
some were agreeable others were opposed. They recently closed on purchasing the
house.
Nine of the opposed neighbors were present. They were represented by James
Smith, AICP, Director of Planning of Morris Deprew. He presented a six-page
statement spelling out objections to a preschool at this location on River Ranch
Road: (1) It would be an incompatible land use in an established neighborhood,
(2) inconsistent with the Lee Plan and (3) detrimental to the quality of life
the residents of this neighborhood currently enjoy. (4) It is in violation of
the deed restrictions which state that all lots in the subdivision shall be used
for residential purposes only. One of the nine neighbors, Linda Appel, submitted
a three-page statement in which she described the neighborhood in detail. She
cited the provision of the Lee County Development Code that says a special
exception might be permitted if it would promote public health, safety, welfare,
order, comfort convenience, appearance or prosperity. She said the proposed
preschool would adversely affect safety, welfare and prosperity: Safety because
of bus stops that would be in direct conflict with the starting time and
dismissal of the preschool, Welfare because it would place children and
neighbors in jeopardy from the 24 vehicles that would be exiting a driveway that
can hold no more than 3 or 4 cars, Prosperity because the preschool will
adversely affect property values. She pointed out that she chose River Ranch
Estates because of its deed restrictions that were designed to keep it
residential, quiet, and pristine. Several other neighbors also spoke against
this use within their neighborhood, for reasons of incompatibility. Several
stated that they would not have moved into River Ranch Estates if they in any
way suspected that a commercial use would be subsequently approved within their
subdivision.
BIA Request to Be the Appointing Authority
for Developer Panel Members
Michael Reitman, Executive Director of the
Building Industry Association (BIA) addressed the Panel and stated that it
is the position of the Building Industries that the BIA should be the appointing
authority of the two developer representatives on the Estero Community Planning
Panel, and that the BIA also should set the length of term of service for
development community representatives. Reitman indicated that it was his
intention to try to get the County to “require” that the BIA be the appointing
authority for developer representatives on all local planning panels. Delisi
indicated that some level of BIA involvement in candidate identification and
qualification would add credibility to the process. Eslick pointed out that all
appointments have been made by Estero organizations. Noethlich indicated that
the Panel would likely be willing to consider “recommendations” received from
the BIA, but will not likely be willing to accept “appointments” by the BIA.
Noethlich pointed out that this is an “Estero Community” Panel, and that any
appointee to the ECPP must have a significant Estero presence and/or stake in
the community, and that ECPP Bylaws specifically state that Development
Community representatives shall be approved by the Sitting Panel. Noethlich
further stated that for almost six years Developers have been admirably serving
the Estero Community through their participation on the ECPP without
controversy, and he questioned Mr. Reitman as to why this had suddenly become of
interest to the BIA. Mr. Reitman stated that this Panel is becoming a
“political” organization. Noethlich strongly objected to that characterization
of the ECPP and stated that Mr. Reitman is apparently confused about which
organization he is addressing.
ECPP
Awards/Recognition Program Status
It was agreed that Lienesch and
Delisi would simplify the awards criteria and circulate them to the Panel for
comments.
Discussion of Future Additional LDC and Community Plan 5 year Review
Jim Mudd’s consultant list was considered. It was decided before contacting any
potential consultants the Panel needed to have an in depth discussion of what it
wants a consultant to do. It was agreed that a Workshop would be scheduled for
this purpose at 9:00 AM on Saturday September 2nd at The South Lee County
Regional Library.
Toth: Motion to adjourn. Eslick: Second. Motion passed unanimously. Meeting
adjourned at 8:48 PM.
NEXT REGULAR MEETING: 6 PM, MONDAY, SEPTEMBER 11th, MARSH LANDING CLUBHOUSE
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