Minutes of Public Meeting #110 –
December 21, 2009
EsteroCommunityPark, Estero, Florida
Panel Members Present: Jack Lienesch , Civic Association, Chairman;
Dan DeLisi, Estero Development Community; John
Goodrich , ECCL; Neal Noethlich, Emeritus; Greg Toth, Estero Development Community; Erik Dickens, ECCL; Recording Secretary:
Bill Brown, ECCL Absent:
Lin Welch and Bev MacNellis.
Public Notice: Lienesch called the meeting to order at . with ten in the audience. Brown reported that the
meeting notice appeared in the Naples Daily News on its Website Calendar and
Esterofl.org website. The notice was posted at the South County Regional
Library, Realty World of Estero, the BB&T and Wachovia Banks.
Secretary’s Report: Brown distributed minutes of the October meeting and
announced that there was a correction to show that Neal Noethlich was present.
Goodrich: Motion to accept minutes as corrected. Toth: Second.
Treasurer’s Report: In the absence of Bev MacNellis,
Goodrich reported that MacNellis had e-mailed a Reconciliation
Statement to the Panel which showed no activity during the last month leaving
the November 30 balance at $770.61 in the Community Planning Panel account on
deposit at the BB&T Bank. Goodrich: Motion to accept the report as
e-mailed Toth: Second. Accepted unanimously. Lienesch said that since the fee
for $100 for the first public meeting review for zoning changes did not get
posted on the website yet, the fee would start in January.
Estero Crossing: – David Beal, Project Engineer from Vanasse Daylor presented
a proposed Administrative Amendment to the previously approved zoning consisting
of updates to the Master Concept Plan and three (3) deviations from the Land
Development Code: the updates provide for 6.26 acres of indigenous
preserve which qualifies for a 150% upland credit and provides for
identification of “Lake 1 and “Decorative Pond” as excavation areas. The
proposed Deviations are: 1. Reduce the Land Development Code required setback of
50 ft. for Lake 1 to 35 ft. from the adjacent property line and to reduce the 50
ft. setback requirement for the decorative pond to 20 ft, from Corkscrew road.
Dickens questioned whether there is adequate protection for flood control from
the sheet flow. Beal replied that they are working with the south Florida Water
Management District on this. 2. Eliminate the requirement for parking blocks for
parking spaces that do not abut a curb, fence, wall or other structure. 3.
Eliminate the requirement for a maintenance berm with vehicular access to the
swale along the south/southeast property line. Toth questioned whether the 8 ft.
wall and berm was needed to protect adjacent residents. Lienesch asked if there
were questions from the panel and then the audience. Dickens reiterated his
concern about sheet flow flood control. Chris Carlson, a resident of Corkscrew
Village pointed out that this project is in front of the Island Club rather than
Corkscrew Village. He also raised a question about a traffic light on Corkscrew.
Lienesch said the Panel has been supportive of a light. Lienesch also said that
he would e-mail the County Planner on the Estero Crossing project that the
Panel supports the Administrative Amendment and has no problem with the proposed
Country Creek Bocce Courts – David Schneider, Craig Construction and
Development, presented the Villages of Country Creek’s request for a limited
development order for construction of a Bocce courts across from their golf hole
16. Delisi said as a former resident of Country Creek he thought it was a great
idea. Lienesch indicated the Minutes will show that Panel supports the request.
MidTowne Estero -- Lienesch reported on the status of the Ascot court case.
The judge upheld Estero Place LLC’s challenge of the County Commission’s
rejection of their requested zoning that includes a Big Box and gave the
Commission three choices: 1. Approve the requested zoning. 2. Remand the matter
to the Hearing Examiner for further testimony and evidence consistent with the
concerns outlined by the Board in their denial of the case. 3. Approve zoning
with conditions. Lienesch indicated that he and Don Eslick
are scheduled to meet with the County Community Development Director Mary Gibbs
to see what basis there might be for requesting a remand to the hearing examiner
possibly based on an inconsistency with the Big Box zoning request and the
current mixed-use zoning with regard to Goal 4 of the Lee Plan. DeLisi
suggested there might be a 20% chance of getting the developer to negotiate
with the Panel further on this issue.
Village discussion --
Goodrich reported that he, Don Eslick
and Lienesch met with about 100 residents of Cypress Bend
to discuss their concerns on this
development. Neale Montgomery
of the Pavese Law Firm reported that she
John Goodrich met with Harry Campbell of
the CountyDOT and
sympathetic to working with the Florida DOT to get them to install a right-turn
lane on Broadway in place of the present “sidewalk-to-nowhere” when they widen
US41. She also said that Marlene Fernandez who testified at the Panel’s November
meeting is correct that there is a drainage problem in Cypress Bend
but this is due to older requirements that would allow flooding in the streets
which most of the residents, at that time, did not object to since it this
in the summer when they were up North. Also Rusty
Elferdink, who has the restored house on the corner of Highlands and Broadway,
continues to experience draining issues on his property. In response to an inquiry from
Goodrich, Roberts said he is
attempting to schedule a meeting with Cypress Bend residents to discuss their
objections. Noethlich pointed out,
and Montgomery agreed, that Cypress Bend residents will have an opportunity to
express their concern to the Hearing examiner. Lienesch said he will e-mail
Harry Campbell to add the Estero Community’s support
to the County and the State adding a right-turn lane to Broadway when
US41 is widened.
Lienesch reported that Tom O’Dea has resigned as chairman of the EDRC and that
Bob Melzer was made acting chairman. He nominated Brian Farrar, who lives in
Fountain Lakes, to fill the vacancy created by O’Dea’s resignation. Toth
seconded the nomination. After some discussion it was agreed that Farrar will be
added to the EDRC membership.
some discussion of the Panel’s jurisdiction, it was agreed
that Lienesch will propose to the high school a possible compromise that will
permit the high school to post the electronic notices they want without doing
too much violence to the Estero Code provisions.
at 7:45 PM.
MONDAY, JANUARY 11, ESTERO COMMUNITY PARK