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BOOK - 2004R - B.O.C.C.-----------------------------------
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------PAGE: 153
MARCH 09, 2004
A Meeting of the
Board of Lee County Commissioners
was held this date to conduct a Public Hearing
to consider the adoption of a Lee Plan Small Scale Comprehensive Plan Amendment, and the transmittal of a Lee Plan
Development of Regional Impact (DRI) Amendment, with the following Commissioners present:
John E. Albion, Chairman
Ray Judah
Andrew Coy
Robert P. Janes
COMMISSIONER ST. CERNY WAS ABSENT FOR THE ENTIRE MEETING DUE TO ILLNESS.
ON FILE IN THE MINUTES OFFICE: THE LEE PLAN AMENDMENTS, INCLUDING STAFF REPORTS AND
THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY (LPA).
1. Call to Order; Certification of
Affidavit of Publication
The Chairman called the meeting to order at 9:40 a.m. Assistant County Attorney Donna Marie Collins approved as
to legal form and sufficiency, the Affidavit of Publication regarding this item.
2.
Lee Plan Amendments Adoption Item - Small Scale Amendment
CPA2003-05 - LeeCorp Homes, Inc.
Amend Future Land Use Map Series, Map 1, to re-designate the Future Land Use classification of a .59± acre
parcel in Estero, the former Estero Fire Station, from "Public Facilities" to "Suburban". The subject parcel is
located in Estero, on the east side of US 41, approximately one-quarter mile south of Koreshan Boulevard.
RECOMMENDATIONS:
The Local Planning Agency (LPA) recommends adoption of CPA2003-05 Small Scale Plan Amendment.
Planning staff recommends that Map 1, the Future Land Use Map, be amended to change the future land use
designation of the .59± acre subject parcel from "Public Facilities" to "Suburban".
Community Development Planning Director Paul S. O'Connor explained that the parcel, previously owned by the
Estero Fire Department, was now privately owned; and that approval of the request would return the parcel to its
original "Suburban" land use.
3. Public Comment on Adoption Item
The Chairman called for public input; however, no one came forward to offer comment.
4. Adopt the Ordinance Which Adopts CPA 2003-05
(Draft Ordinance)
Commissioner Janes moved to adopt the ordinance, seconded by Commissioner Judah, called and carried with
Commissioner St. Cerny absent. The Ordinance adopted by the Board and filed was
LEE COUNTY ORDINANCE
NO. 04-02,
ENTITLED:
AN ORDINANCE AMENDING THE LEE COUNTY COMPREHENSIVE PLAN,
COMMONLY KNOWN AS THE "LEE PLAN" AS ADOPTED BY ORDINANCE NO. 89-02,
AS AMENDED, SO AS TO ADOPT SMALL SCALE AMENDMENT CPA 2003-05
(PERTAINING TO THE RE-DESIGNATION OF A .59-ACRE ESTERO PARCEL FROM
PUBLIC FACILITIES TO THE SUBURBAN FUTURE LAND USE CATEGORY)
APPROVED DURING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
EFFORT; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP SERIES,
MAP 1; PURPOSE AND SHORT TITLE; LEGAL EFFECT OF "THE LEE PLAN";
GEOGRAPHICAL APPLICABILITY; SEVERABILITY, CODIFICATION, SCRIVENER'S
ERRORS, AND AN EFFECTIVE DATE.
5.
Lee Plan Amendments Transmittal Item - DRI Related Amendment
CPA2003-04 - North Point Lake
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BOOK - 2004R - B.O.C.C.-----------------------------------
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------PAGE: 154
Amend Future Land Use Map Series, Map 1, to re-designate the Future Land Use classification of
approximately 102 acres of land from "Suburban" to "Urban Community". The subject parcel is located in
Section 33, Township 46 South, Range 25 East in Estero; and is part of the proposed North Point Lake
Development of Regional Impact (DRI).
RECOMMENDATIONS:
The Local Planning Agency (LPA) recommends that the Board transmit the proposed amendment with the
addition of the following statement to staff's recommendation: "Staff does not recommend adoption pending
further review of traffic issues".
Planning staff recommends transmittal of the applicant's request to amend Map 1, the Future Land Use Map, to
change the future land use designation of the subject area from "Suburban" to "Urban Community". Staff does
not at this time recommend adoption of the request, given the 2020 Level of Service status of the segment of
US 41 from Koreshan Boulevard to San Carlos Boulevard.
Community Development Planning Director Paul S. O'Connor explained that this amendment is concurrent with the
review of the North Point Lake DRI, and that the property is north of the Coconut Mall property and south of the
Publix shopping center at the corner of Corkscrew Road and US 41. He clarified staff's opinion that the outstanding
issues, which involved the need intersection improvements, would be resolved prior to the zoning and DRI
Development Order (DO) hearings. He responded to questions from Commissioners Judah and Albion by stating that
the Estero Community Planning Panel (ECPP) would have the opportunity to offer input at the DRI DO stage if they
were parties of record at that time, and that the motion for approval should include the reference to the sentence
requested by the LPA. Commissioner Judah moved to transmit the amendment, including the LPA recommendation;
seconded by Commissioner Janes.
6. Public Comment and Board Action on Transmittal Item
Attorney Neale Montgomery, of the law firm of Pavese, Haverfield, et al., representing the Applicant, explained that
the developer had met with the ECPP; stated that additional meetings were planned; and commented that the Staff
report had dealt comprehensively with the consistency of the request. The motion was called and carried with
Commissioner St. Cerny absent.
7. Adjourn
The Chairman adjourned the meeting at 9:47 a.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________ ___________________________
Deputy Clerk
Chairman, Lee County Commission
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