Estero Development Report

Volume 4, Number 4

Edited by ECCO--the Estero Concerned Citizens Organization

 

For further information, to provide information or to add names to our mailing list,

Email Don Eslick at doneslick@worldnet.att.net or call him at 949-4050

 

This Report will soon be available on the Estero Chamber of Commerce Website www.esterochamber.org and the Estero Fire District site at www.esterofire.org.

 

September Opportunities for Citizen Participation

In Protecting Estero's Quality of Life

 

Date

Time

Event

Location

Tuesday, September 7th

6 p.m.

County Roadway Landscape Planning Committee--- Sandy Lane Landscaping

County Community Development Building, Third  Floor Conf. Room, 1500 Monroe St., Ft Myers

Wednesday, September 8th

2 p.m.

County Executive Regulatory Oversight Committee (EROC) -- Estero Code Changes

County Community Development Building, Conf. Room 2C, 1500 Monroe St., Ft Myers

Wednesday, September 8th

5 p.m.

Estero Design Review Committee Review of  The Hampton Inn Estero; a T-Mobile Communications Tower & Wachovia Bank

The Perry Room of The Estero Country Club at The Vines

Thursday, September 9th

11 a.m.

Coconut Point Ground-breaking Ceremony

Coconut Point Town Center Construction Site

Friday, September 10th

8 a.m.

County Land Development Code Advisory Committee (LDCAC) -- Estero Code Changes

County Community Development Building, Conf. Room 2C, 1500 Monroe St., Ft Myers

Monday, September 13th

6 p.m.

Estero Community Planning Panel consideration of Pelican Sound Golf Maintenance Facility; Corkscrew Road Water Plant; the Miromar Design Center Hotel/Office Complex and University Village Project.

Marsh Landing Clubhouse

Tuesday, September 14th

6:00 p.m.

Estero Fire Rescue District Board

Estero United Methodist Church -- Founder's Hall

Monday, September 20th

9:00 a.m.

Board of County Commissioners Consideration of the North Point DRI Zoning

County Commissioner's Chambers, 2nd Floor, 2120 Main Street, Ft. Myers

Tuesday, September 21st

9:30 a.m.

Board of County Commissioners Consideration of the Sandy Lane Alignment Study

County Commissioner's Chambers, 2nd Floor, 2120 Main Street, Ft. Myers

Wednesday, September 22nd

2 p.m.

ECCO Council of Community Leaders Meeting.

Marsh Landing Clubhouse

Thursday, September 23rd

5:30 p.m.

Estero Chamber of Commerce Business After Hours

Wachovia Bank

 

 

Page

Subject

1

Calendar

2

Sandy Lane Alignment Progress Report

3

Estero Parkway Wal-Mart Progress Report

5

Coconut Road Wal-Mart Status Report

7

Estero Housing Growth Continues Strong

8

Estero Community Park Progress Report

8

Navona at The Colony in Pelican Landing

10

AT&T Tower Site Redevelopment in the Colony of Pelican Landing

11

Roadway Progress Report

13

Roadway Landscaping Progress Report

 

Sandy Lane Alignment Progress Report

 

North Segment from Corkscrew Road to Estero Parkway

 

On June 7th the County's Sandy Lane Alignment Study consultant presented her recommendations to the Board of County Commissioners (BOCC). The Board was generally supportive of the consultant's recommendations but expressed their interest in the intersection problem between the two sections of The Cascades.

 

As a result of the BOCC's interest Kris Cella, the County's Alignment Study consultant, indicated that they would evaluate several at-grade intersection concepts to address the Cascade residents' concerns. In addition they held a special meeting for Cascade residents on this segment in late July.

 

On Tuesday, August 3rd the County and its Sandy Lane consultant met with about 200      residents of The Cascades to discuss the community's concerns about Sandy Lane. Commissioner's John Albion and Ray Judah also attended the meeting.

 

On August 11th the ECCL's Committee on North Sandy Lane met for the fourth time to discuss the issues raised by the residents of The Cascades. This committee is composed of representatives of all the communities and institutions located along this route. None of the committee members present expressed support for the need for this segment of Sandy Lane at this time. On the contrary most all of those were concerned about some aspect of the consultant's recommendations for this road segment.

 

In addition to the safety, security and noise issues raised by the Cascades persons attending the meeting, other concerns raised were:

 

·         Environmental concerns about the preserve area that the recommended road alignment would traverse just south of The Cascades;

·         Historical concerns about the McCullers Home and the Campbell/Trebell/Bigelow House that are believed by our local historians to be in the path of the proposed alignment;

·         The need for the extension inasmuch as the consultant is now recommending that the section north of Estero Parkway be reevaluated only after the widening of US 41 and Three Oaks Parkway are complete.

 

On August 23rd the North Sandy Lane Committee reported to the full ECCL on its August 11th meeting. After a thorough discussion of all the issues the ECCL voted unanimously to support the following position before the BOCC when they meet to adopt an alignment for Sandy Lane in mid-September:

 

The Estero Council of Community Leaders (ECCL) is opposed to the extension of Sandy Lane NORTH from Corkscrew Road through the Cascades to Estero Parkway. Any future County consideration of extending Sandy Lane in this area should be postponed until:

 

·         US 41 has been widened to 6-lanes from San Carlos Park to Corkscrew Road; and

·         Three Oaks Parkway has been widened.

These two conditions are identical to the Consultant's recommendation for the segment north of Estero Parkway which states: "After the widening of Three Oaks Parkway and U.S. 41, the traffic conditions should be reevaluated to determine when this segment may be needed".

The ECCL position further states that any future County consideration of extending this segment of Sandy Lane needs to:

·         Limit the road to no more than two-lanes;

·         Extend this segment only if the Estero Parkway to Alico Road segment is also extended;

·         Urge the County to request the MPO to eliminate the recently added four lane designation;

·         Involve the Estero community and its Historical Society so as to avoid or relocate historical homes to appropriate locations within the community;

·         Address all environmental issues related to the nature preserve south of the Cascades;

·         Address the safety, security and noise pollution issues of the Cascades, a gated community.

The Board of County Commissioners (BOCC) will adopt a Sandy Lane Alignment and Report at their regular weekly Board meeting on September 21st or 28th. The only opportunity for public input on issues on the agenda for the day is during the public comment period at the beginning of the meeting. The ECCL will work with The Cascades community to develop an effective communications program prior to this vote.

South Segment from the Coconut Point Property to Old 41

 

On August 4th the Bonita Springs City Council voted 6 to 1 in favor of the Production Circle route for connecting Sandy Lane as a four lane road from the southern end of the Coconut Point property to Old 41. At an earlier meeting in July the Council had failed to affirm this route on a 3-3 vote. Our thanks go out to SWFTI, the Southwest Florida private sector consortium that has been so effective in improving the road network throughout our area. In addition the leadership of Pelican Landing worked hard to gain the support of Wayne Edsall, their City Councilman.

 

This segment and alignment will now be included in the Final Report that Kris Cella will present to the BOCC in September. South Estero residents and community leaders should plan on attending that meeting to express their support for this recommendation.

 

Estero Parkway Wal-Mart Progress Report --- Jerry Murphy, the County Zoning staff person assigned to this project left the County for another position on July 12th. Consequently, the Wal-Mart Committee and Wal-Mart's representatives met on several occasions with his successor, Chip Block, to insure that the staff report is consistent with our long-term negotiations.

 

When the staff report became available the Committee some of the committee members reviewed it to ensure that it was consistent with all the negotiations and to prepare for testimony at the Public Hearing, originally scheduled for August 4th but postponed twice until August 27th. Where there were inconsistencies discussions were conducted with Wal-Mart and County staff and they were corrected in subsequent drafts of the report. The final report correctly reflected all the agreements between the Committee and Wal-Mart.

The US 41 Concurrency Issue

 

State and County law provides a standard and process for trying to keep the capacity of the roads up with the surrounding development. In general it provides that if a road is failing (each road is graded from A to F) no Development Order for a project can be approved by a local government until the money for the construction of the needed increase in road capacity is in the appropriate capital budget within the next three years. In this case County staff took the unusual position that a more stringent standard should be applied…construction of the store could not begin until US 41 was under construction and the store could not open until the US 41 widening was completed.

 

During this period the Committee continued discussions with Wal-Mart regarding their long-standing offer to help finance the acceleration of the widening of US 41 between San Carlos Park and Corkscrew Road. On August 23rd Wal-Mart sent a letter to the ECCL and The Vines that includes the following commitment:

 

"Wal-Mart previously committed to provide Lee County with up to a million dollars to make the interest payment on a low interest loan acquired by the County. The County would enter in an agreement with the State to provide the funds to accelerate the construction. If it becomes clear that  Lee County is not the appropriate entity to facilitate the construction of the road, then Wal-Mart will provide the funds to an appropriate not for profit organization to accelerate the road."

 

That same day the ECCL discussed the upcoming Hearing and voted to support the Wal-Mart rezoning under the added condition that the County could not issue a Certificate of Occupancy for the store (necessary for it to open for business) until the widening of the adjacent segment of US 41 was underway.

 

Before Wal-Mart selected this site ECCL had been working with Lee DOT and FDOT to accelerate the widening of US 41 adjacent to this site. As a result in 2002 the County loaned the State $2.3 million to accelerate the design of the road

 

Late last year… after discussing alternative loan programs with the County and State … FDOT applied for and obtained a State Infrastructure Bank loan for the $7 million to accelerate the ROW-- permitting phase…that will now be complete by June 2006. This is the earliest that construction of this segment can begin.

 

Long before Wal- Mart came on the scene we explored with the County and State a low interest County loan where the ECCL would organize all of Estero's developers to pay the interest on the loan.

 

When Wal-Mart came on the scene we discussed the idea with them, Lee DOT and FDOT. At that time Wal-Mart indicated a willingness to pay the interest on a low interest county loan to FDOT in order to accelerate construction of the widening by two years…the estimated cost would be up to $1 million.

 

The condition proposed by ECCL would permit Wal-Mart to open in two years, in mid-2006, if they work with us, the County and FDOT to accelerate the availability of the $17 million now budgeted by FDOT for construction of this road in 2008 to 2006. This would permit the road to be available for use no later than 2008.

 

Without Wal-Mart the widening of US 41 is not likely to be completed until 2010 or        2011.

The August 27th Hearing

 

The Concurrency issue was the primary focus of the 7 hour Public Hearing before Chief Lee County Hearing Examiner Diana Parker. Staff maintained its position that the zoning application should be denied because of its traffic impact on US 41, an already failing road segment. Wal-Mart argued that by law the Concurrency (traffic capacity) issue is not to be decided at the time of zoning but rather at the time a Development Order is sought by the developer (at the time the development is more specifically defined and ready to start). Several ECCL Wal-Mart Committee members supported the position approved above.

 

In addition the Estero Chamber of Commerce, several residents of The Cascades and a few persons from The Vines expressed their opposition to the store, primarily for traffic, crime and safety reasons. Several representatives of the Estero Community Planning Panel and the Estero Design Review Committee testified about Wal-Mart's acceptance of their recommendations. Several ECCL members testified in support of the project including all the appearance and landscaping changes, the operational controls included in the agreement with The Vines and the prospect of accelerating the widening of US 41 with Wal-Mart's financial help.

 

According to Matt Uhle, the attorney for The Vines, at the conclusion of the meeting Hearing Examiner Parker explicitly indicated that traffic and concurrency issues could not legally be decided at the time of zoning, but rather when Wal-Mart seeks a Development Order.  Since that is the County's only reason for seeking denial of the application, her statement indicates that she will recommend that the BOCC approve the zoning. She further agreed with the staff conditions that reflect the 18 months of negotiation between Wal-Mart, the ECCL and the Vines. Parker's final report and recommendation are expected in about three weeks.

 

Coconut Road Wal-Mart Status Report --- The Wal-Mart Corporation has a contract to purchase the 46 acre parcel on the northwest corner of Coconut Road and US 41 with plans to construct a 208,000 square foot super-center including a grocery store, tire-lube operation, liquor store and a garden center. In addition the property would contain three outlots and a gas station site.

 

On April 21st Wal-Mart filed with the County a "Request for appeal of an administrative interpretation to the Hearing Examiner" in an effort to overturn the county's denial of Wal-Mart's Development Order. County staff has taken the position that Wal-Mart must rezone the property if it wants to build a superstore on this site.

 

The long awaited hearing of Wal-Mart's appeal was held on July 1st and legal memos were accepted by the Hearing Examiner until July 16th. Six Estero communities, the citizens of four other residential communities and the Hyatt Coconut Point Resort employed Matt Uhle, an experienced Lee County land use attorney to represent the community's interest in this matter. In this capacity Mr. Uhle testified at the hearing and filed a legal memo in the case.

 

On August 9th the Hearing Examiner denied Wal-Mart's appeal in an eleven page decision. The basis of the decision is that "the (Wal-Mart's) plans as submitted are not consistent with the approved Master Concept Plan…She concurs…with Staff's and public's arguments that the primary issue herein is whether the proposed site plan is consistent with the approved Master Concept Plan, and the provisions of the approved zoning resolution and the requirements of the Land Development Code."

 

"She finds that a visual comparison of the proposed site plan and the approved Master Concept Plan clearly demonstrates there are significant differences between the two plans. For example, under the proposed site plan, the "new" Development Area 1 would total about 37.79 acres, an increase of almost six acres over the total approved acreage (31.79) for the Development Area 1 in the 1998 Master Concept Plan. In the 1998 Master Concept Plan, the interior commercial tract was approved for 13.44 acres; however, under the proposed site plan, the additional parking areas and loss of the ring roadway would increase that tract's size to over 20 acres. The three remaining outparcels along U.S. 41 would total about 3.01 acres, less that on-half the total outparcel size (6.54 acres) approved in the 1998 Master Concept Plan. In addition, a large water management lake is depicted in the "new" Development Area 2, and occupies almost one-half of the north portion of that tract. Finally, the proposed site plan no longer has an internal (spine) roadway providing access to all the development tracts and outparcels; instead internal traffic must traverse numerous, narrow parking lot aisles to get around the site."

 

Mr. Uhle, in his report on the Hearing Examiner's decision, stated that Wal-Mart now has the following options:

 

  1. Appeal the Hearing Examiner's decision to Circuit Court;
  2. Revise the Development Order plan to be consistent with the Staff's position;
  3. Rezone the property; or
  4. Walk away from the (land purchase) contract.

 

He opined that Wal-Mart is unlikely to choose Option 1 because their chances for success are small and it will take about one year to complete. He indicated that Option 2 is possible but the Hearing Examiner's opinion is not very favorable in this regard. That leaves Options 3 and 4 as the real possibilities.

 

For several months Wal-Mart's representatives had been seeking a meeting with the leaders of the Estero Council of Community Leaders' Coconut Road Wal-Mart Committee. The stated purpose of the meeting was to provide Steve Hutchinson, Wal-Mart's contract realtor for this site, with an assessment of Estero community opinion about a Wal-Mart at Coconut and US 41.

 

Due to Jim Fraser's unavailability, on August 12th Barbara Akins, Don Eslick and Arnie Rosenthal met with Mr. Hutchinson and Judson Pankey, the engineer who has represented Wal-Mart on both the proposed Estero stores.

 

From the outset of the meeting it was clear that Wal-Mart had requested the meeting in order to report back to the decision-makers at Corporate Headquarters about how to proceed regarding the Coconut Road site. We made clear to them that opposition to a Wal-Mart on this site is very strong throughout the surrounding community. In addition we stated that if they decide to proceed with the site they must first hold public meetings in all of the adjacent communities during "the Season" to see if they can overcome this opposition. We specifically indicated all four communities in The Brooks, Pelican Landing, Coconut Shores, Meadowbrook, Eldorado Acres and Marsh Landing.  In addition we indicated that unless a substantial majority of the residents in these communities subsequently support the store as presented, we as a community organization would oppose their efforts using all of our resources and organizational abilities.

 

Wal-Mart asked hypothetically that if they decide to pursue a store on this site would the leaders of the surrounding communities, our Wal-Mart Committee, be willing to meet with them so that they might get more feedback as to what kind of store might satisfy the residents of the surrounding communities. We indicated that such a meeting might be scheduled, at the discretion of the Committee, only after they committed to hold meetings during the "season" in each large community and other meetings for combinations of smaller communities.

                                                                                     

Hutchinson's comments and questions made it clear that the two options that he had under consideration for his recommendation to Wal-Mart are:

 

·         To develop a rezoning proposal for the site that would overcome as much opposition as possible,

·         Not to proceed with a store at this site.

 

We asked Mr. Hutchinson to notify us when Wal-Mart decides how it plans to proceed, and have heard nothing to date.

 

On August 23rd the Coconut Road Wal-Mart Committee met with Matt Uhle to discuss the Hearing Examiner's decision, the meeting with Wal-Mart's representatives and other legal issue research relevant to this site. 

 

Estero Housing Growth Continues Strong -- During the first seven months this year 1,049 housing units with a building value of $226 million were permitted in Estero. The following table shows how this performance compares with the prior four years:

 

Year

Total Annual Housing Units

Number of Housing Units

Building Value of Units

Average Building Value Per Unit

Percentage of Single Family Units

2000

2,088

1,122

$154,418,948

$137,600

41.2

2001

2,104

1,399

$213,744,261

$152,800

45.0

2002

1,500

905

$153,144,478

$169,200

56.7

2003

1,425

1,033

$155,939,745

$151,000

37.5

2004

 

1,049

$225,941,691

$215,400

64.5

Thus 2004 ranks third of the five years in the number of housing units permitted but highest in the total building value of those units. The housing unit data in 2003 is inflated by the large number of permitted units (240) in Villagio during February, 2003. The large increase since last month's report is the result of another residential tower being permitted in the Estero portion of The Colony. It is a 100 unit, $30 million building value tower called Navona that is just getting underway and is expected to be completed early in 2006.

 

The building value of housing units permitted in Estero this year is up dramatically from all prior periods, largely because the single family share of the market has increased so much. The residential building value understates the purchase price of each residence because it excludes the value of the underlying land. 

 

Estero Community Park -- With substantial input from Estero residents, Lee County has completed the design of the 65 acre Estero Community Park, has cleared the site of exotic vegetation and in June presented the detailed design of the first phase of the project to the EDRC. The main entrance to the Park will be on the south side of Corkscrew Road midway between Sandy Lane and River Ranch Road.

 

The centerpiece of the Park is a 41,000 square foot Community/Recreation Center, by far the largest ever constructed by Lee County Parks and Recreation. The back of the Community/Recreation building is an amphitheater fronting on the "central lawn", a large oval capable of seating 2,000 residents for concerts and other events.

 

On July 27th the Board of County Commissioners (BOCC) approved a $10.8 million construction contract with J. L. Wallace Inc. for Phase 1 of the Park. In addition the BOCC approved a loan of $6.7 million from the County's General Fund to help finance Phase 1. The other source of funding for Phase 1 comes from Park Impact Fees paid by purchasers of new homes in Estero and the other areas in our Impact Fee District.

 

Due to Hurricane Charley the Groundbreaking Ceremony originally scheduled for August 23rd has been postponed until Monday, October 11th. The groundbreaking delay is not expected to delay construction of the park. Phase 1 of the Park is expected to be completed by December 2005.

 

Navona at The Colony in Pelican Landing -– Navona is a 100 unit residential tower located immediately inside the Coconut Road gate to The Colony, which is a gated community within Pelican Landing. The plan for the building includes a 200 car two story, uncovered parking deck immediately south of the building.

 

Andy Hjortaas of WCI Communities and Neale Montgomery, project attorney for WCI, reported that WCI had improperly indicated on its DO application that the 21 story tower is located in Bonita Springs rather than its true location, Estero. When the County learned about this error they suspended the DO until a statutorily required public meeting was held in Estero. In an effort to speedily fulfill that obligation WCI made a presentation on the project to the ECPP on June 14th. The ECPP has never before had a DO matter before it, which is the province of the Estero Design Review Committee (EDRC).

 

During the DO suspension period WCI agreed to make another presentation to the EDRC. On August 11th WCI made its presentation to the EDRC, several Colony residents testified about their concerns with the project and the EDRC discussed the issues with the developer and the residents for almost two hours. A summary of the EDRC's comments and suggestions follows:

 

  • Committee commended quantity and size buffer plantings around parking structure, buffers should provide good opaque screen for views from Golf Course and Internal Roadway
  • Open parking deck of parking garage is a problem that community residents in the Sorrento and other towers were upset with
  • Community residents listed many complaints dealing with zoning related issues; setbacks and density were the biggest.  WCI representatives explained to the public that those issues were dealt with during the DRI process for the overall development which took multiple attempts, but was approved
  • Committee questioned architectural consistency as related to the LDC based on the public’s comments.  The proposed tower’s architectural style was not in question, but the new and never before proposed scenario of locating parking in a dedicated structure separate from the tower as compared to parking under the residential tower as previously implemented in the first four towers built in the Colony may be inconsistent
  • The committee also questioned if the new scenario would set a new precedent for the design of the future towers within the Colony which may also be designed and implemented in the potentially inconsistent design scenario as compared to the first four towers raised within the Colony
  • An example of aluminum trellises over parking spaces on uncovered top level was shown; this was not acceptable to the concerned public and questioned by the committee as an acceptable means of buffering the ugly views of the parking deck
  • Committee recommends the use of multiple elements to break up the open parking deck, larger roofed sections at corners of parking structure especially at stairwells, trellis structures with plantings, and covered/roofed parking spaces.
  • Committee recommends the county review staff provide a quantifiable standard to require a percentage of planting area/green space to the parking deck similar to the planting area requirements required in open surface parking areas.  A certain percentage of green canopy should be required to help shield the cars on the open deck.  This could be based on the percentage of canopy created in surface parking areas by the canopy trees required in the LDC.
  • WCI agreed to amend landscape plan to include littoral plantings to include trees, shrubs and herbaceous littorals along lake bank at south end of parking structure to aid in the buffering effort
  • Committee recommends that corners of parking structure be solid walls to prevent visibility through the parking structure
  • Committee recommends that such a large structure must be “broken up” by different design features
  • Because this project is a departure from prior projects (where the parking was underground), WCI should do as much as possible to ensure this new scenario is developed in keeping with the high level of style and design as the previous towers to maintain property values throughout the community
  • Committee has concerns about allowing this new scenario to become the new precedent and seemingly set a new lower development standard for The Colony.

 

Under normal circumstances this advice would be transmitted to the County for their consideration prior to issuing the DO for the project. However, that is not possible in this case because the DO had already been issued prior to the EDRC community meeting. The DO was issue prematurely because WCI's DO application had incorrectly indicated that the building would be located in Bonita Springs, not its correct location in Estero. The County has not indicated how it will respond, if at all, to the EDRC's advise regarding Navona.

 

AT&T Tower Site Redevelopment in the Colony of Pelican Landing --- On August 9th the ECPP heard a presentation by the developers of a landlocked communications tower parcel in the middle of The Colony/Pelican Landing community. The AT&T Wireless proposal would relocate the existing 250 foot communications tower from the middle of the parcel to the northwest corner and replace it with a 149 foot stealth tower and rezone the parcel on the east side of Spring Creek Road south of Coconut Road from AG-2 to Residential Planned Development  for 15  single family lots with access to Pelican Colony Boulevard, the main road through the gated Pelican Landing community.

 

There was general support for the stealth tower proposal, but strong opposition to granting access to Pelican Colony Boulevard.  Panel members pointed out that Pelican Colony Boulevard is a private, gated road inside Pelican Landing. This raises concerns regarding the project residents' financial obligations for the infrastructure, security and amenities that have been and are now being paid by Pelican Landings residents.

 

The developer's representatives indicated that they would like to work with Pelican Landings to see how these costs could be handled. They further indicated that they have a written communication from the County Attorney’s Office affirming the right of this project, because of its membership in the Bayside CDD to access Pelican Colony Boulevard.

 

Another panelist asked why, if the residential area was part of the Pelican Landing DRI, it was still zoned agricultural. The developer's representative replied that the property is included in the Pelican Landings DRI development order but it was not included in the Pelican Landings zoning.

 

The panel also questioned the buffering provisions of the project if it were to be a free standing community as the developer's representative had indicated. The panel encouraged the developer to address project buffering at the rezoning stage and that the water management issues needed to be addressed then as well. In addition it was suggested that vegetation and open space should be shown on the Master Concept Plan.

 

Stefan Johansson, division president of WCI’s West Central Tower Division, said WCI does not object to the development, but they are opposed to it having access to Pelican Colony Boulevard. He contended that access should be confined to Spring Creek Road.

The Community Development District (CDD), to which AT&T has been paying, does not own Pelican Colony Boulevard, they only maintain the landscaping on it. Pelican Colony Boulevard is owned by The Colony Foundation whose Board is currently dominated by WCI.

The residents who spoke were generally supportive of the stealth tower, but were unanimously opposed to allowing access to Pelican Colony Boulevard.  Warren Miner, President of the 3,000 household Pelican Landing Community Association agreed that the tower changes are positive, but the issue is access. The Pelican Landing Community Association owns the roads in Pelican Landing, which have been deeded to them by WCI. However the roads located in The Colony are still under the control of WCI and will eventually be turned over to The Colony Foundation, The Colony homeowners association.

The residents of The Colony understand that the roads are private and are part of the amenities for which they have paid and continue to pay for maintenance. Membership in The Colony Foundation association and payment for prior capital costs would be required for the new development to use the road.  Another resident of Pelican Landings indicated that she loved the tower proposal, but is strongly opposed to access to Pelican Landing because of its detrimental impact on the community's security and privacy.

Roadway Progress Report

 

US 41 From Corkscrew Road to San Carlos Park -- On May 3rd FDOT and Inwood Consulting Engineering met with the ECCL North US 41 Committee to discuss their preliminary plans for widening US 41 between Corkscrew Road and San Carlos Park. See the May 2004 EDR for a complete summary of this meeting.

 

The Department now reports that the 60% design phase is almost complete. This benchmark will permit the two year right-of way and permitting phase to begin. If the full two years is required to complete this phase, construction of the six-laning could begin in August 2006.

 

FDOT should be scheduling another Public Information Workshop in the community soon.

 

Three Oaks Parkway Progress Report-- On March 12th Don DeBerry and Nicole Maxey of Lee DOT briefed the Estero Council of Community Leaders about the status and plans for completion of the two remaining segments of Three Oaks Parkway in Estero. Since then Dave Loveland of Lee DOT has provided us with two updates on the progress of these road segments.

 

The design of the segment between Corkscrew Road and Alico Road reached the 60% completion point earlier this year. Permit applications have been filed with the South Florida Water Management District and with the Corps of Engineers. The County has begun to acquire right-of-way from voluntary sellers. The estimated cost of the needed right-of way has increased by $1.2 million, raising the total cost of this project to $18.4 million. Construction funding is still available in the County's 2004-05 fiscal year that begins on October 1st. Four laning of this segment within a 6 lane right-of -way can begin as soon as the right-of-way and permits are obtained, sometime late this year or in 2005. The roadway landscape money for this segment is budgeted for the 2005-06 fiscal year.

 

The 60% design of the Coconut Road to E. Terry Street segment was completed during the summer and 51 of the 52 parcels that are needed for right-of-way have now been purchased. The permits have been filed with the South Florida Water Management District and the Corps of Engineers. Funding for construction of this road segment has been moved up to the present fiscal year, so that construction can begin as soon as the right-of-way and permits are obtained. Construction of this 4 lane road within a 6 lane right-of-way is expected to take from 15 to 18 months, thus this road segment should be available for use sometime in late 2006 or early 2007. The cost of the project has increased by about $3.7 million during the last year. Landscape funding is budgeted for the county's 2006-07 fiscal year, which starts in October 2006.

 

Sandy Lane Extension from Corkscrew Road to Pelican Colony Boulevard --- During the summer the County approved the Development Agreement with the developers of Coconut Point authorizing them to build this 3 mile segment of Sandy Lane as a four land collector road. The developers hired two engineering firms to expeditiously design the road. The developer made a community presentation before the ECPP when the design reached the 30% phase early this summer. The design is now 60% complete. The permitting was implemented by the developers when they filed for approvals for the private parts of the project and the right-of-way was largely owned by the developers and that which was not was negotiated several years ago.

 

Thus construction of this segment is expected to begin within the next few months and be completed in about one year.

 

Estero Parkway Extension (I-75 Flyover) --- This expensive, $19.4 million, 9 tenths of a mile project is primarily funded by fund derived from the Miromar Lakes and Gulf Coast Town Center DRI projects. The timing of these payments has caused the County to delay the construction of this road by one year, until the 2005-06 fiscal year starting in October 2005.

 

The project extends from Three Oaks Parkway to Ben Hill Griffin Parkway. Currently the project has been designed to the 30% level and right-of-way acquisition has started.  The design is on hold pending resolution of a dispute with FDOT over the design of the bridge over I-75. The County has submitted its permits to the South Florida Water Management District and the Corps of Engineers.

 

County Road (CR) 951 Extension --- CR 951 is in the second year of a three year study. Several community meetings have been held regarding the alignment of this east of I-75 north-south corridor and another is scheduled for this fall. The County is recommending that money be added to the Lee Capital Improvement Plan (CIP) this year to begin the design for the segment between Immokalee Road and Corkscrew Road and to start voluntary right-of-way acquisition if an alignment is approved.

When completed this road would provide another continuous 4 lane north-south corridor east of I-75 from south Collier County to north of the airport using Ben Hill Griffin and Treeline Road as segments.

 

Corkscrew Road East of I-75 --- Corkscrew Road will eventually be widened to four lanes from Ben Hill Griffin to the entrance of Bella Terra, formerly The Habitat. At present the design is at the 60% stage. In addition the County has submitted permit applications with the Water Management District and the Corps of Engineers. They are now in the process of acquiring property from the members of the Corkscrew Road Service Area. Some properties outside this special district will also be needed in order to widen the road. Construction will depend upon permitting and funding from the participating communities and organizations.

 

I-75 from Bonita Beach Road to Daniel Parkway --- Six-laning of I-75 is now in the design phase. The right-of-way and permitting phase funding is budgeted for the 2005-06 state fiscal year, beginning on July 1, 2005. Funding for the construction phase is budgeted for state fiscal year 2007-08, starting on July 1, 2007.

 

Roadway Landscaping Progress Report

 

Sandy Lane --- Finally, the County has indicated that the four lane segment of Sandy Lane between Corkscrew Road and Pelican Colony Boulevard is not entitled to median roadway landscape funding like all other new major collector and arterial roadways because it not being constructed by the county. The budgeting system that the County has adopted for roadway landscaping on new and expanded roads does not automatically provide funding for new public roads that are constructed for the county by private entities, in this case Oakbrook Properties and the Simon Property Group.

 

The County does have some other funding programs that may fill part of the Sandy Lane Landscaping funding gap. In July the representatives of the ECCL met with County DOT staff to discuss these funding options. Subsequently, on July 6th the ECCL representatives met with the County's Roadway Landscape Advisory Committee (RLAC) and asked the committee to establish a sub-committee to review a grant application for the funds necessary to design the landscaping for this 3 mile segment of Sandy Lane. The RLAC agreed to establish such a committee.

 

The plan presented to the RLAC suggested that three grant applications might be forthcoming from the community and the developers regarding landscaping this segment -- the first for the design; the second for installation of the landscaping along the road and the third for landscaping the two round-abouts planned for the segment.

 

In August the RLAC representatives met with Oakbrook Properties and Al O'Donnell, an Estero member of the RLAC to discuss the landscape design grant application. At this meeting it was decided that the Developers should pay for the design phase so that the project could be developed and installed late in 2005 when the road is expected to be completed. The Developers' design expenditures would be credited toward their local matching funds required for the installation phase. The County has agreed to discuss this proposal at the September meeting of the RLAC.

 

Hurricane Charley and Corkscrew Road and Three Oaks Parkway --- Numerous recently planted trees were toppled by Hurricane Charley along these two roadways... Corkscrew Road between US 41 and Corkscrew Woodlands Boulevard and Three Oaks Parkway from Williams Road to Corkscrew Road. Lee County DOT quickly established priorities for tending to the damage caused by Hurricane Charley to the median landscaping on County Roads. They determined that the probabilities of survival would be greatest for the most recently planted trees. These two segments are the most recently landscaped roads in the County road system. Thus the County raised and secured all the fallen trees on these two roadways about one week.