CreationDate: 2011/11/10 13:01:40-05'00'
Author: kmotz
Creator: Acrobat PDFMaker 7.0.7 for Word
Producer: Acrobat Distiller 7.0.5 (Windows)
ModDate: 2011/11/10 13:01:43-05'00'
SourceModified: 2011/11/10 18:01:32
Title: (ENTER DATE HERE)
xmp:pdf:Producer: Acrobat Distiller 7.0.5 (Windows)
xmp:pdfx:SourceModified: D:20111110180132
xmp:xap:CreateDate: 2011-11-10T13:01:40-05:00
xmp:xap:CreatorTool: Acrobat PDFMaker 7.0.7 for Word
xmp:xap:ModifyDate: 2011-11-10T13:01:43-05:00
xmp:xap:MetadataDate: 2011-11-10T13:01:43-05:00
xmp:xapMM:DocumentID: uuid:f347daa3-8463-40f1-8423-d343b6318e54
xmp:xapMM:InstanceID: uuid:91225360-a2de-4a58-b37d-1c2e23589959
xmp:xapMM:VersionID: 2
xmp:dc:format: application/pdf
xmp:dc:title: (ENTER DATE HERE)
xmp:dc:creator: kmotz

Page 1

BOOK – 2011Z - B.O.C.C.------------------------------------------------------------------------------------------------------------------------PAGE: 419


SEPTEMBER 19, 2011


The Zoning Meeting of the Board of Lee County Commissioners was held on this date with the
following Commissioners present: 


Frank B. Mann, Chairman
John E. Manning, Vice Chairman
A. Brian Bigelow
Ray Judah
Tammara Hall 


The 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. 


CASE NUMBER: DCI2010-00018


NAME:  MCGREGOR CCPD


REQUEST: Rezone +/- 0.75 acres from Residential Single-family (RS-1) to Compact Communities
Planned Development (CCPD) to allow for 13,500 square feet of retail, office uses and
a veterinary clinic and four (4) multiple-family residential dwelling units with a
maximum building height of 45 feet. This development will connect to potable water
and sanitary sewer services. 


LOCATION: Property is located at 12541, 12581 and 12595 McGregor Boulevard, South Fort Myers
Planning Community, Lee County, Florida. 


PROPERTY OWNER’S
REPRESENTATIVE: 
Shellie Johnson, EnSite
239-226-0024


Community Development Principal Planner Alvin “Chip” Block reviewed the request using an aerial site depiction, 
noted that Staff and Hearing Examiner (HE) both recommended approval with conditions, and stated there were six
Participants of Record. Mr. Block advised this was the first case for a Compact Communities Planned Development
Zoning District, as it was a new category in the Land Development Code. Division of Planning Department of
Community Development Principal Planner Rick Burris and lead planner Chahram Badamtchian provided additional
details on the new CCPD category and the subject request, and responded to Board questions. Clarification was
provided to correct a scrivener’s error in the HEX, that the subject property was not in the mixed-use overlay area. 
Attorney Matt Uhle addressed the Board on behalf of the applicant, and advised that a number of consultants were
accompanying him. He stated that the applicant was in agreement with the HE, except for a request that consumption
on the restaurant premises (COP) with indoor seating only be added to the Schedule of Uses. Following discussion on
the COP request, with input by Mr. Badamtchian, Chief Assistant County Attorney Donna Marie Collins and
Assistant County Attorney Michael Jacobs, Attorney Uhle withdrew the COP request. Attorney Uhle responded to
additional Board concerns. The Chairman called on each of the participants of record, and the following three
individuals came forward: 


Neysa Borkert, Esq., of the Pavese Law Firm, representing the adjacent Maple Gardens 
Condominiums-Phase 1; 
Allison David – McGregor Boulevard resident; 
David Ham – Parkway Court resident. 


Attorney Uhle provided brief rebuttal to some of the stated concerns, and advised that this compact community
planned development was in the intensive development land use category, as articulated in the Lee Plan. Under
discussion, Commissioner Hall pointed out that when the Board adopted the Compact Communities Planned
Development Zoning District regulations, there was opportunity to impose additional parameters. Commissioner
Bigelow expressed his support for this request, and moved approval of the Hearing Examiner’s recommendation, 
seconded by Commissioner Manning. Under discussion, Commissioner Judah expressed his opposition due to traffic
constraints and inclusion of potentially precedent-setting intrusive retail. The motion was called and carried with
Commissioners Judah and Mann voting nay. 
RESOLUTION NO. Z-11-011


------------------------------------------------APPROVED MINUTES OF 091911Z.DOC---------------------------------------------------------------- 

Page 2

BOOK – 2011Z - B.O.C.C.------------------------------------------------------------------------------------------------------------------------PAGE: 420


The Chairman adjourned the meeting at 10:33 a.m. 


ATTEST: 
CHARLIE GREEN, CLERK


__________________________
Deputy Clerk 
________________________________________
Chairman, Lee County Commission


------------------------------------------------APPROVED MINUTES OF 091911Z.DOC----------------------------------------------------------------