ESTERO COMMUNITY PLANNING PANEL

Minutes of Public Meeting #128– April 18, 2011

Estero Community 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.

Public Notice:   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 Third Banks.                 

Approval of Minutes:   Brown distributed minutes of the February 21st meeting.  Dewhirst:  Motion to accept the minutes:  Dickens  Seconded.  Accepted unanimously. 

Treasurer’s Report: Treasurer MacNellis reported a balance of $1,385.17 as of March 31, 2011. Report accepted.

Presentations: Pelican Sound Admin Amendment, River Club Improvements – Beverly Grady, Roetzel & Andress, PA. The Pelican 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.”.   Goodrich said the Panel had no objection and that the minutes would reflect their support.

Estero United Methodist Church Rezone- Dave McKee, 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 Kathie Ebaugh. 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