ESTERO COMMUNITY PLANNING PANEL

Minutes of Public Meeting #127– March 21, 2011

Estero Community Park, Estero, Florida

Panel Members Present:

Jack Lienesch, Civic Association, Chairman; John Goodrich, ECCL; Ned Dewhirst, Estero development community; Erik Dickens, ECCL; Jeff Maas, Estero Chamber of Commerce; Greg Toth, Founding Member; Dan DeLisi, Estero development community; and Bill Brown, Recording Secretary, ECCL.  Absent: Neal Noethlich, Emeritus Chairman 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.  Goodrich:  Motion to accept the minutes:  Dickens  Seconded.  Accepted unanimously. 

Treasurer’s Report:

In the absence of Treasurer MacNellis, Toth reported a balance of $1,298.72 as of February 28, 2011. Report accepted.

Presentations:

Robert Charles Brooks, Park Manager for the Estero Bay Preserve

presented a request for a change in zoning from RPD to EC (Environmentally Critical) for the Estero Bay Scrub at the end of West Broadway.  This will permit construction of a 10 space ADA accessible parking facility with self composting toilet, interpretive kiosks and picnic shelter.  Parking now is on FPL rather than State property.  Dewhirst asked why the Master Plan hasn’t been updated before now. Brooks explained that the property had come from the Estero Bay Preserve whose Unit Management Plan (UMP) dealt mainly with aquatic and not public usages.  Toth asked about Panel and public participation in development of the UMP.  He was assured that there will be public meetings and that the Panel will be kept informed. DeLisi suggested that Lienesch be sent a timeline when these meetings occur.   A nearby resident, Bob Morris, strongly objected to construction of a pavilion fearing it would be a site for noisy party making. DeLisi who also lives nearby disagreed. Overflow parking, when it occurs, ends up on the FPL property.  Brooks noted that the park will close at dusk with the gates locked.  He also will investigate no parking signs to discourage overflow parking along Broadway.  Lienesch stated that the minutes will reflect Panel support for the requested rezoning and the proposed project.

Uptown Larry’s request for a special exception

Will J. Dempsey, Board Certified Real Estate Lawyer, Cheffy Passidomo, P.A. Naples.  Uptown Larry’s is a sports-themed Group III restaurant that occupies approximately 4,721 square feet of space in the Estero Ridge commercial center at the intersection of US-41 and Estero Parkway.  The restaurant does not include outdoor dining.  The nearest residential use is 890 feet away (and across US-41), and next-nearest residential project is almost 1,100 feet to the East.  The restaurant is located at the intersection of 2 major thoroughfares (Estero Parkway and US-41), and within a corridor that is appropriate for relatively intense commercial development.  A State audit of a six week period based on purchases rather than sales, concluded  that Uptown Larry’s no longer qualifies for a 4COP-SRX license (>50% food) and must instead secure a 4COP-Quota license (free-standing bar).  Uptown Larry’s has agreed to voluntarily limit its operating hours to 11 a.m. until Midnight daily (i.e., eliminate Midnight to 2 a.m. operating hours) in connection with this request.   Lienesch distributed an email from Noethlich, who could not be present, noting that the Panel should not be questioning the appropriateness of Purchase Methodology vis-à-vis Sales Methodology.   It would be helpful, however, to gain understanding of how and when either/both is applied in real business situations.  Neal also questioned how the earlier closing time would be monitored.   Finally he felt that precedent is a strong consideration and we should not allow for standalone bar rules busting, even though the viability of a real business is at stake. If there is a way to accomplish this which is a win-win situation, that should be explored but no decision should be taken without county DCD offering their views in writing.

Dewhirst said the applicant, as a starting point, should prepare their own baseline audit for County review so that it would document the current/past average food sales.  Goodrich said he has been to Uptown Larry’s and has heard of no problems.  Maas said as a representative of the Estero Chamber he wanted to see Uptown Larry’s stay in business, but understood that there are rules that must be abided by.

Toth expressed concern that this type of State License, which permits a stand-alone-bar, could be sold and the new owner might not be so willing to comply with the Estero residents’ strong opposition to stand-alone-bars.  Several members of the audience supported Uptown Larry’s.  DeLisi emphasized that the Lee County Code would override the State license that would permit a stand-alone-bar and sales of at least 51% food would still be required based on the Lee Plan Chapter 19 restrictions.  He suggested that in granting the special exception the county should require periodic audits at the owner’s expense.  Lienesch concluded that it was the Panel’s and audience’s desire to keep Uptown Larry’s operating as a family restaurant and that the attorneys and the County should come up with language that will provide for audits at the owner’s expense  or other mechanisms  to reach that goal.

ECPP:

DeLisi submitted an updated Work Plan. Ebaugh commented that this was a much improved version and suggested that she and Paul O’Connor review it and give the Panel their feedback.

Lienesch announced that the David Graham Award will be presented to Extra Space Storage at Coconut Point at the Urban Land Institute Spring meeting scheduled for April 7th at 8:30 AM at the Holiday Inn at Gulf Coast Town Center.

Lienesch announced that a meeting among Panel members, the County, Coconut Point mall management and several restaurant operators was held at the mall specifically to address noise concerns.  Dickens reported that the legal representative for the mall is going to draft a procedure for self-monitoring which they will ask the county to endorse.  Pam Houck indicated at the meeting that she will ensure we are in the loop on this issue.

Panel was adjourned at 7:45 PM

NEXT REGULAR MEETING:  April 18, 6:00 PM, Estero Community Park