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BOOK – 2011Z - B.O.C.C.-----------------------------------
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--PAGE: 112
MARCH 7, 2011
The
Zoning Meeting
of the
was held this date with the following
Commissioners present:
CHAIRMAN MANN AND COMMISSIONER HALL WERE ABSENT FOR THE ENTIRE MEETING.
The Vice-Chairman called the meeting to order at 9:30 a.m.
A COPY OF THE
HEARING EXAMINER’S RECOMMENDATION
IS ON FILE IN THE MINUTES
OFFICE.
REQUEST: Rezone 0.75± acres from Residential (RS-1) to Commercial Planned Development
(CPD), to allow up to 5,700 square feet of office, medical and commercial uses or an
assisted living facility with a maximum standard density not to exceed 7 dwelling units
with a maximum building height of 35 feet. Potable water and sanitary sewer services
will be provided. No development blasting is proposed.
PROPERTY OWNER’S
REPRESENTATIVE: Neysa Borkert, Pavese Law Firm
239-336-6251
Community Development Principal Planner Alvin “Chip” Block reviewed the request, and noted that Staff and
Hearing Examiner (HE) both recommended approval with conditions. He further noted a
memorandum
was handed
out this morning (copy on file in the Minutes Office) correcting Condition No. 8 of the HE’s recommendation on
concurrency requirements, and noted Staff recommended approval of the change. After pointing out that the
conditions did not include central water and sewer, Commissioner Judah moved approval with caveat that the
development provide for central water and sewer, seconded by Commissioner Bigelow. Attorney Neysa Borkert, of
The Pavese Law Firm, representing the Applicant, Assistant County Attorney John Fredyma and Mr. Block responded
to questions by the Board. Following further discussion, with Chief Assistant County Land Use Attorney Donna
Marie Collins suggesting the Board let the Code govern; Commissioner Judah revised his motion to “let the Code
govern”, the seconder agreed, and the motion was called and carried with Commissioners Mann and Hall absent.
RESOLUTION NO. Z-10-039
NAME: DOWNTOWN ESTERO FKA SOUTHLAND VILLAGE MPD
REQUEST: DCI2009-00010: Request to rezone 34.41+ acres from AG-2 to MPD, to permit up to
a maximum of 310 multiple-family dwelling units (to include 104 TDR/bonus density
units and an optional assisted living facility with up to 200 beds or continuing care
facility with up to 100 beds or a combination of the two not to exceed the residential
equivalent of 50); a maximum of 200,000 square feet of commercial uses, including a
maximum of 115,000 square feet of retail; a hotel/motel with a maximum of 125 hotel
rooms/units with a maximum height of 55 feet/4 stories. Potable water and sanitary
proposed.
bonus density multiple-family dwelling units. The total project proposes 310 dwelling
units on approximately 34.41 acres or a total of approximately 9 dwelling units per
acre.
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--------APPROVED MINUTES OF 030711Z----------------------------------
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BOOK – 2011Z - B.O.C.C.-----------------------------------
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--PAGE: 113
LOCATION: Property is located at Access Undetermined (U.S. 41); 8321, 8501 & 8571 Broadway E.,
Community Development Principal Planner Alvin “Chip” Block reviewed the request, noted that Staff and Hearing
Examiner (HE) both recommended approval with conditions, indicated a previous Staff memorandum suggested
changes on Deviations 5, 12 and 14 with no objection from the applicant, and noted there were fifteen (15)
Participants of Record. With the use of an overhead projector, Attorney Neale Montgomery, of The Pavese Law
Firm, and Court Street Partners LLC representative Jeffrey Rapson, representing the applicant, addressed the Board.
Commissioner Judah moved to support the HE’s recommendation of a special case finding and the Transfer of
Development Rights. Vice-Chairman Manning called on the Participants of Record, and the following individuals
came forward:
Following brief discussion between the Board, Attorney Montgomery, and the applicant’s consultant Ted Treesh of
TR Transportation Consultants, Inc., Commissioner Bigelow seconded the motion. Vice-Chairman Manning clarified
that the motion was in two parts: to agree with the HE’s recommendations and all deviations been agreed upon, as
well as the special case; and the second part of the motion is to accept the Transfer of Development Rights. Chief
Assistant County Land Use Attorney Donna Marie Collins confirmed that the two motions could be done as one vote
as long as the Board includes a finding of community benefit in deviating from the site location standards; the maker
and seconder agreed. The motion was called and carried with Commissioners Mann and Hall absent.
RESOLUTION NO. Z-10-017
The Vice-Chairman adjourned the meeting at 10:15 a.m.
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--------APPROVED MINUTES OF 030711Z----------------------------------
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