September 2010 ECPP Meeting Minutes

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ESTERO COMMUNITY PLANNING PANEL

Minutes of Public Meeting #119– September 20, 2010

Estero Community Park, Estero, Florida

Panel Members Present:

Jack Lienesch, Civic Association, Chairman; Erik Dickens, ECCL; Ned Dewhirst, Estero development community; Greg Toth, Founding Member; John Goodrich, ECCL; Bev MacNellis, Treasurer, ECCL; Jeff Maas, Estero Chamber of Commerce; Neal Noethlich, Emeritus Member and Bill Brown, Recording Secretary, ECCL. Absent: Dan DeLisi, Estero development community.

Public Notice:

Brown reported that the meeting notice appeared in the News-Press online edition, the Naples Daily News and the News-Press Calendars, and 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.

Secretary’s Report:

Brown distributed minutes of the July meeting. Dewhirst : Motion to accept minutes. Noethlich: Seconded. Accepted unanimously.

Treasurer’s Report:

MacNellis reported a balance of $1,049.24 as of August 30, 2010. Report accepted.

PRESENTATIONS:

Discussion of New Horizons 2035 Plan EAR Proposed Strategies–Matt Noble passed out a 37 page document that the County sent to the State Department of Community Affairs describing the process the county is using to achieve the state’s growth management and planning priorities. He said they will come back next month at the Panel’s October 18th meeting with more details.

Policy 19.2.5 – Estero Prohibited Usages -- Matt Uhle, Matt Noble and Neale Montgomery. Matt Uhle, who represents Coconut Point Mall, asked the Panel to approve a proposed amendment to Policy 19.2.5. He said to follow the lengthy “due process” spelled out by the County Attorney will end any prospect of the World of Beer’s locating in the Coconut Point Mall. Noble presented the following amendment language:

POLICY 19.2.5: The following uses are prohibited within the Estero Planning Community:

1) "detrimental uses" (as defined in the Land Development Code);

2) retail uses that require outdoor display in excess of one acre. Outdoor display in excess of

one acre is permitted within the property located in the General Interchange Future Land Use

Category west of I-75, south of Corkscrew Road, and east of Corkscrew Woodlands

Boulevard; and

3) nightclubs or bar and cocktail lounges that are not associated with a Group III Restaurant

located within a planned development that is either

a) part of a Development of Regional Impact with a minimum of 400,000 square feet

of approved commercial uses and the proposed nightclub, bar, or cocktail lounge is

a minimum of 500 feet from residential unit outside the boundary of the DRI or;

b) located within the mixed use overlay on U.S. 41, between Corkscrew Road and

Estero Parkway if the planned development has a minimum of 200,000 square feet

of approved commercial uses.

The specific size, location, and building orientation of any proposed nightclub, bar, or

cocktail lounge must be identified on the Master Concept Plan. The hours of operation and

outdoor seating may be conditioned through the planned development process. Outdoor

entertainment, including amplified sound, may be conditioned or prohibited depending on

the size, location, and building orientation. No more than two nightclubs, bars, or cocktail

lounges may be permitted in any planned development. This use must be approved through

the public hearing process.

Toth objected that the language was too broad, that it should apply only to Developments of Regional Impact (DRIs), not mixed use planned development. That is, the Coconut Point Mall DRI and the Tiburon DRI which includes Miramar Outlets and University Highlands. Dewhirst suggested that the Panel approve the language minus section 3b on mixed use planned developments. Maas said the proposal was publicized in a story in the online edition of the News-Press that morning. Don Eslick said he could give it further public exposure at the next ECCL meeting. After much discussion, Lienesch summarized that the Panel would approve the above language minus 3b and the reference to “any planned development” in the next to last sentence. Montgomery said she and Uhle would meet with Donna Marie Collins of the County Attorney’s Office to see if they can work out the procedural problems.

Administrative Amendment for Consumption on Premises for Miramar Outlets – Neale Montgomery and Jeff Staner. Montgomery explained that this requires an administrative amendment – that they want to simplify the process through use of a special exception. Montgomery suggested the special exception could be limited to restaurants of a certain size. Lienesch said the Panel would support the request, but needs to see some specific language.

ECPP:

Next steps for updating our plan (Goal 19) and LDC (Chapter 33). Lienesch said they met that morning at the Hyatt with major Estero developers to make plans for the November 13 Workshop. They developed a list of areas for consideration at the Workshop. Each of the groups (ECPP, EDRC, Developers and County) would be asked to work on this list to add, delete, modify etc. The list is as follows:

· Amending the current Big Box provisions

· Adding Commercial Redevelopment provisions

· Amending the Affordable Housing provisions

· Addressing older residential housing areas including mobile home parks

· Consideration of down-zoning provisions

· Adding one or more “Old Florida” overlays

· Amending the signage provisions

· Controls on and appearance standards for cleared sites on commercial corridors

· Incentives for implementing high quality commercial zoning

· Creating some incentives for designated mixed use developments

· Adding some incentives for commercial development with arts facilities

· Consideration of energy conservation building standards and incentive for such conservation