ESTERO COMMUNITY PLANNING PANEL

Minutes of Public Meeting #110 – December 21, 2009

Estero Community Park, 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 6:01 PM. 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.  Accepted unanimously. 

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.

Developer Presentations:

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 deviations.

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.                                                                    

ECPP:

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.

Southland 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 County DOT and found him 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 occurred 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.        

EDRC membership changes: 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.

High School Sign:  After 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.

Meeting adjourned at 7:45  PM.  

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