VILLAGE OF ESTERO Comprehensive Plan & Zoning

STAFF REPORT

PROJECT NAME:

CASE TYPE:

CASE NUMBER:

PLANNING & ZONING BOARD DATE:

COUNCIL DATE:

REQUESTS AND BACKGROUND

This is an amended request for two items:

ESTERO CROSSING

COMPREHENSIVE PLAN AMENDMENT and PLANNED DEVELOPMENT/REZONING

CPA 2015-02 and DCl2015-00001

MARCH 21, 2017 (continued from FEBRUARY 21, 2017 and MARCH 29, 2016)

MAY 24, 2017 TRANSMITTAL HEARING (Comprehensive Plan) and FIRST READING (Rezoning)

1. Comprehensive Plan Text Amendment 2. Rezoning from Commercial Planned Development (CPD) to Mixed Use Planned

Development (MPD) with deviations.

The 43-acre site is located 1,000 feet west of the intersection of Corkscrew Road and 1-75, on the south side of Corkscrew Road.

The proposed development would be mostly multifamily residential use with commercial tracts on the northern portion along Corkscrew Road. The applicant is requesting a Comprehensive Plan Amendment because the current land use category "General Interchange" does not allow residential use. The rezoning is needed if residential is to be allowed because the site is now zoned for commercial uses only.

STAFF RECOMMENDATION

Staff has reviewed the amended request for a 'Text" Amendment in lieu of a Map change to the Comprehensive Plan. The prior Map change request to "Intensive Development" would potentially allow up to 14 units per acre. While staff believes this type of text amendment is preferable to the prior Map change to "Intensive Development", if appropriately worded and limited in scope, staff still believes that amendments to the Plan should not be approved while the Village's first Comprehensive Plan is underway. During the preparation of the Comprehensive Plan, a more generally applicable plan solution could possibly be developed.

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PLANNING AND ZONING BOARD MEETING SUMMARY AND RECOMMENDATIONS

The original request was heard by the Planning and Zoning Board on March 29, 2016. Based on the staff recommendation of denial, and public input from adjacent residents , the Planning and Zoning Board continued the case to enable the applicant to meet with the neighbors and consider modifying the request. The prior Comprehensive Plan Amendment was a change to the land use map from General Interchange, Urban Community and Wetlands to "Intensive Development" and Wetlands. That request was later modified by the applicant in November to a "text" amendment.

Amended Request • Comprehensive Plan "Text" Amendment to modify Policy 1.3.2 (Interstate Highway

Interchange Areas) to allow residential use at a maximum density of 10 units per acre in the southwest 1-75 quadrant (but residential use must be separated from Corkscrew Road by Interchange commercial uses.)

• Rezoning from Commercial Planned Development to Mixed Use Planned Development for a maximum of 350 multiple family units and 60,000 square feet of commercial use, and 100-room hotel (later amended to also add 100,000 square foot mini-warehouse).

The original rezoning request was for a maximum of 455 multiple-family units, including a potential assisted living facility and 60,000 square feet of commercial use and 100 room hotel, with a maximum building height of 55 feet. The amended request is for 350 units and 60,000 square feet of commercial use, 100 room hotel and a 100,000 square foot mini-warehouse.

Planning and Zoning Board Motion - March 21, 2017

The Planning and Zoning Board recommended transmittal of the Comprehensive Plan Amendment as written by staff. The Board also recommended approval of the rezoning with staff's revisions and conditions, but also including the mini-warehouse use, and adding a condition that the proposed traffic light and the proposed reverse frontage road be included in the Village traffic study because the Planning and Zoning Board is very concerned that the study should show that the frontage road and traffic light will improve traffic flow and safety.

APPLICATION SUMMARY

Applicant: Keith Gelder, Estero Crossing LLC in reference to Estero Crossing

Amended Request:

Location:

May 3, 2017

1. Comprehensive Plan Text Amendment 2. Rezone 42.97 acres from Commercial Planned Development (CPD) to Mixed

Use Planned Development (MPD) to allow for the development of a maximum of 350 residential units and 60,000 square feet of commercial use, as well as 100 room hotel and 100,000 square foot mini-warehouse. The application includes potential for development of independent living units, and convenience food and beverage store with 18 pumps. Maximum building height is 50 feet.

The subject property is located at 10500 Corkscrew Road, Village of Estero FL. The applicant indicates the STRAP number is: 35-46-25-E1-U2192.2338

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LAND USE CATEGORY

General Interchange 27.19 acres Urban Community 12.57 acres Wetlands 3.21 acres Also located in Mixed-Use Overlay

PUBLIC INFORMATION MEETING

(63%) (29%) ( 7%)

The public information meeting for the Comprehensive Plan Amendment and Rezoning was held at the Planning and Zoning Board on June 16, 2015.

PROJECT HISTORY

The site is currently vacant and is not part of a plat or subdivision. The property consists of (1) one STRAP number 35-46-25-E1-U2192.2338 and owned by SD Estero Crossings, LLC.

The property was rezoned by Lee County (Resolution Z-06-31) from Agricultural (AG-2) to Commercial Planned Development (CPD) on August 21, 2006. The zoning permitted mixed-use commercial consisting of a maximum gross floor area of 310,000 square feet not to exceed 45 feet (3 stories) . No residential use was approved.

Subsequent Actions - 2010 The Estero Crossing CPD was amended per zoning resolution ADD 2009-00089 on May 6, 2010. The resolution clarified the amount of indigenous preserve area which was identified on the Master Concept Plan "Lake 1 and Decorative Pond", and deviations to reduce excavation setbacks, eliminate requirement for parking blocks and eliminate maintenance berm with vehicular access.

PROJECT DESCRIPTION

The applicant is requesting a rezoning from Commercial Planned Development, CPD to Mixed Use Planned Development, MPD. Filed in addition to this zoning application is a Comprehensive Plan Amendment to amend a policy of the plan to allow residential development in the Interchange which is currently not permitted. The intent of both requests is to allow for development of the site with residential and commercial land uses. The prior zoning of MPD included two development scenarios; but the request has been revised to eliminate the single-family scenario.

The Master Concept Plan proposes 350 multiple family apartment units, 60,000 square feet of commercial use including a convenience food and beverage store with 18 pumps, hotel with 100 rooms and 100,000 square foot mini-warehouse. Maximum building height for the project is proposed at 50 feet. This planned development application includes several deviations that will be discussed later in the staff report.

The subject property is currently zoned Commercial Planned Development, CPD as approved by Lee County in 2006, in Zoning Resolution Number Z-06-031. This zoning permits a development intensity of up to 310,000 square feet of floor area for commercial uses, with a maximum building height of 45 feet. The complete Resolution is attached.

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SURROUNDING ZONING AND LAND USE

North - Corkscrew Road. North of Corkscrew Road is commercial CPD zoning with uses of retail , convenience food and beverage store with gas pumps, restaurant, hotel, and apartments. (Estero Interstate Commercial Park) - General Interchange land use category.

East - commercial CPD zoning, currently developed with uses of office, hotel, and an automobile dealership. (Corkscrew Commerce Center) - General Interchange land use category.

East and Southeast - residential RPO zoning with single family residential and RV-2 zoning with recreational vehicle use. (Corkscrew Woodlands) - General Interchange and Urban Community land use category.

Southwest and West - Residential Planned Development, RPO zoning with single family residential use and preserves. (Villa Palmeras) - Urban Community and Wetlands land use category.

West - CPD zoning developed with a mixed use commercial center with a Lowe's Home Improvement store, retail , and multi-tenant commercial buildings. (Estero Town Center) - Urban Community land use category.

MASTER CONCEPT PLAN (MCP)

The applicant's site plan proposes 4 commercial parcels along the frontage of Corkscrew Road. Access to these lots is limited to a reverse frontage road with no direct access from Corkscrew Road. The uses include 60,000 square feet of various types of commercial space, a 100 room hotel , and 100,000 square foot mini-warehouse.

South of the reverse frontage road the plan shows a multiple family residential development with 9 conceptual building locations at 4 stories/50 feet around a 5-acre lake. The maximum number of units proposed is 350. The uses listed on the plan include multi-family, single-family and independent living units but the applicant recently removed the single-family use.

The residential area is proposed to be gated with one access off the reverse frontage road , and a proposed secondary egress to the commercial property to the west. A small public "pocket park" is located south of the reverse frontage road.

There are two indigenous (native) preserve areas along the east and south sides of the residential parcel totaling over 7 acres.

The reverse frontage road provides access to the development from Corkscrew Woodlands Boulevard to the east and the commercial development access to the west.

STAFF ANALYSIS OF COMPREHENSIVE PLAN AMENDMENT AND REZONING

The staff analysis section of this report includes an analysis of the Comprehensive Plan Amendment, as well as information on various issues, such as environmental issues, transportation impacts, density and height, Comprehensive Plan considerations (including Estero-

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specific goals and policies) and an analysis of the applicant's Pattern Book and requested deviations.

In order to assist the Council, staff has provided a summary of the project's advantages and disadvantages below. Following this section is more information on each of these issues described above.

Summary of Project Advantages and Disadvantages Advantages:

• This proposal would generate less overall traffic than the approved commercial zoning if built out as approved

• The applicant proposes to provide assistance with funding and/or design of a proposed traffic light in Lowe's Plaza

• There is a bus stop nearby • There is a direct pedestrian connection through the commercial parcels to the existing

Corkscrew Road sidewalk at the Lee Tran bus stop • A small pocket park available to the general public is shown on the site plan near the

entrance to the residential portion of the project and adjacent to the reverse frontage road • The applicant will provide a 3' perimeter berm with enhanced landscaping and 8' wall

adjacent to the east boundary by Corkscrew Woodlands/Island Club • The applicant has revised the building configuration to concentrate all buildings internal to

the development inside the perimeter drive aisle and parking

• The site plan provides a reverse frontage road that connects between Chevrolet Way and Estero Town Commons Blvd to provide access to Three Oaks Parkway

• The applicant has committed to build the reverse frontage road in the initial phase of the project

• The number of residential units has been reduced to 350 (10 units per residential acre).

Disadvantages: • A traffic light may adversely affect the interchange operations which are already

problematic. Designing and installing a light could take 9 months or longer. • The requested density is higher than any nearby density • A broad list of commercial uses is requested. Some uses include 24 hour operation . • There are numerous deviations requested . Staff does not support all these deviations.

• The MPD request is for "mixed use" but the project must be designed and well integrated to ensure that it is a coordinated mixed use project instead of separate commercial and residential projects

• The height requested for the residential project is much higher than the adjacent residential uses and higher than the approved commercial zoning

Analysis of Comprehensive Plan Amendment In analyzing a Comprehensive Plan Amendment, it is necessary to determine if the requested amendment would be consistent with and further the policies and objectives contained within the Plan and to determine if the request is appropriate, whether it would create adverse impacts or potential detrimental precedents, as well as complying with general planning principles.

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The 42.97 acre subject property currently has three different future land use categories, as follows:

General Interchange Urban Community Wetlands

27.19 acres 12.57 acres 3.21 acres

63.27 percent of the property 29.25 percent of the property

7.4 7 percent of the property

The General Interchange Future Land Use Category is defined by Policy 1.3.2:

POLICY 1.3.2: The General Interchange areas are intended primarily for land uses that serve the traveling public: service stations, hotel, motel, restaurants, and gift shops. But because of their location, market attractions, and desire for flexibility, these interchange uses permit a broad range of land uses that include tourist commercial, general commercial and light industrial/commercial.

The Urban Community Future Land Use Category is defined in Policy 1.1.4:

Policy 1.1.4: The Urban Community areas are areas outside of Fort Myers and Cape Coral that are characterized by a mixture of relatively intense commercial and residential uses. Included among them, for example, are parts of Lehigh Acres, San Carlos Park, South Fort Myers, Iona/McGregor, Pine Island, and Gaspari/la Island. Although the Urban Communities have a distinctly urban character, they should be developed at slightly lower densities. As the vacant portions of these communities are urbanized, they will need to maintain their existing bases of urban services and expand and strengthen them accordingly. As in the Central Urban area, predominant land uses in the Urban Communities will be residential, commercial, public and quasi-public, and limited light industry (see Policy 7. 1. 6) with future development in this category encouraged to be developed as a mixed-use, as described in Policy 2. 12. 3, where appropriate. Standard density ranges from one dwelling unit per acre (1 du/acre) to six dwelling units per acre (6 du/acre), with a maximum of ten dwelling units per acre (10 du/acre). Any bonus densities approved on the properties added to the Urban Community Future Land use Category in conjunction with CPA2010-00002 must be achieved through use of the transfer of development rights program.

The CPD zoning currently approved on the subject property (DCl2005-00102) is consistent with the existing future land use categories and would allow 310,000 square feet of commercial uses. Residential uses are not permitted within the General Interchange Future Land Use Category which is approximately 63 percent of the property. The residential uses proposed by the applicant are not consistent with this future land use category without approval of a Comprehensive Plan Amendment.

If the amendment is adopted, residential units could be permitted and the MPD zoning could be considered .

Requested Comprehensive Plan Text Amendment The applicant is requesting a text amendment to revise Policy 1.3.2 to allow residential uses in the southwest quadrant of the Corkscrew Road Interchange, as further limited and described below:

Proposed Text Amendment as revised by the applicant is below (new language underlined):

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OBJECTIVE 1.3: INTERSTATE HIGHWAY INTERCHANGE AREAS. Designate on the Future Land Use Map specialized categories for land adjacent to the interchange of Interstate 75. It is important to make maximum beneficial use of these critical access points and at the same time avoid irreconcilable conflicts between competing demands, such as through traffic vs. local traffic, conservation vs. development, commercial development vs. industrial development, and tourist commercial facilities vs. general shopping facilities. Development in these areas must minimize adverse traffic impacts and provide appropriate buffers, visual amenities, and safety measures. Each interchange area is designated for s specific primary role: General, General Commercial, Industrial Commercial, Industrial, University Village, and Mixed Use. Residential uses are only permitted in these categories in accordance with Chapter XIII or as provided in Policy 1.3.2. These areas are also considered Future Urban Areas.

POLICY 1.3.1: The Industrial Interchange areas allow combinations of light industry, research, and office uses. In addition, certain visitor-serving commercial uses such as restaurants and hotels are appropriate.

POLICY 1.3.2: The General Interchange areas are intended primarily for land uses that serve the traveling public: service stations, hotel, motel, restaurants, and gift shops. But because of their location, market attractions, and desire for flexibility, these interchange uses permit a broad range of land uses that include tourist commercial, general commercial, residential at a maximum density of 10 dwelling units per acre at the southwest quadrant of the Corkscrew Road interchange, and light industrial/commercial. Residential uses must be separated from Corkscrew Road by general interchange commercial uses. Consistent with Policy 6. 1. 2. 6, properties under single ownership, developed as a unified planned development, may extend the residential density of 10 dwelling units per acre for the entire property within the Planned Development so long as the residential density does not extend beyond ¾ of a mile from the center point of the interchange. The extension of the interchange will be evaluated and approved as part of the review of the planned development zoning.

The applicant's previous request for a map amendment to change the property to "Intensive Development" was not supported by staff. The revised text amendment could be preferable if worded more clearly and limited in scope to avoid setting a precedent. Staff suggests that if this proposal is considered for approval, the language be revised further to state that residential projects could be considered in this interchange quadrant if rezoned as a unified project in a Mixed Planned Development and in conjunction with complementary commercial uses, a cohesive and integrated site plan and Pattern Book. Staff has suggested modifications to the applicant's language if Council wishes to approve an amendment. Staff language is attached to this staff report.

While this text amendment would allow residential use, it would still retain a portion of the Interchange for commercial use to serve the traveling public and the neighboring areas.

Density The project originally requested a map amendment to the Comprehensive Plan to "Intensive Development" for 455 residential units on approximately 35 residential acres, for a density of 14 units per acre. The revised request for a text amendment allowing residential use has a maximum

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density of 10 units per acre. However, in reading the proposed text language, it appears that this language would not allow the requested 350 units. Staff construes the language as allowing 272 units. The applicant revised the language which is shown above in Policy 1.3.2. Staff has suggested alternative language it believes is more clear.

Height Regarding height, the applicant has requesting a deviation to exceed the maximum 45 feet or 3 story height, to 50 feet. The applicant does not believe a deviation is necessary but staff believes it is. The multiple-family apartments are proposed to be 4 stories. Existing single-family homes are located to the south and southeast of the site in the Island Club community, as well as west and southwest in Villa Palmeras.

It should be noted that the applicant has provided a line of sight drawing and enhanced buffering adjacent to Corkscrew Woodlands to demonstrate that the buildings, for the most part, will not be visible after the landscaping grows in .

Proposed Uses The applicant has recently revised the list of proposed uses. The revised schedule of uses for the commercial parcels adds mini-warehouse. The revised schedule limits more intense uses to parcels 3 and 4, the westernmost commercial parcels.

The list of proposed uses for the residential area eliminates single-family uses, and assisted living/continuing care but allows independent living.

Staff believes some of the uses are not appropriate in this revised development proposal and has made recommended revisions.

Pattern Book The applicant has prepared a Pattern Book (Received November 22, 2016) that illustrates pedestrian and vehicle connections, amenities including a public "pocket park", buffers and landscaping, preserve areas and "line of sight" diagrams that show the buffers and sight lines from adjacent residential areas into Estero Crossing, as well as architectural renderings.

There is an existing sidewalk on Corkscrew Road. The applicant proposes a 5-foot sidewalk on the south side of the reverse frontage road , connecting to Corkscrew Woodlands Blvd. and the commercial center to the west.

The Pattern Book shows "Old Florida" style with several different possibilities for the residential and commercial buildings. This should be clarified to ensure a consistent "theme" between the commercial and residential components of this Mixed Planned Development. Not only does the architecture's design need to be integrated, but the design of signage and pedestrian connections should be integrated as well. Also a Mixed Use Planned Development should have "complementary uses" per the Land Development code and the applicant's proposed schedule of uses is very broad and may not be complementary. The applicant recently submitted a sketch for a mini-warehouse that should be included in the Pattern Book if the use is approved by Council.

Environmental Issues Lee County environmental staff reviewed this project. The complete report is attached. A summary is below:

The protected species survey submitted by the applicant notes the presence of gopher tortoise

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burrows on the site. At the time of the local development order approval a protected species survey and management plan must be submitted and any gopher tortoises on site will have to be relocated once the proper state permits are acquired. This should be a condition of any zoning approval.

The Land Development Code requires that MPD's must provide sufficient open space. For this development, the 41.84 acre property must provide a minimum of 16.1 acres (30% x 6.4 + 40% x 35.44) of open space. The Master Concept Plan (MCP) indicates a total of 16.1 acres will be provided. Additionally the development must preserve 50% of the required open space as indigenous communities, resulting in 8.05 acres of indigenous preserve that is required. The applicant is proposing to preserve 8.05 acres of indigenous community with credits. The total of 16.1 acres of general open space and 8.05 acres of indigenous preserve meets the minimum LDC requirements.

The total open space acreage complies with the Land Development code. It should be noted, however, that the applicant proposes less open space on the commercial parcels (10% in lieu of 30% for stand-alone commercial) and more on the residential portion and in the preserve areas.

The Land Development Code requires a: 20-foot wide type "D" buffer abutting the public right-of-way to the north and east; a 15-foot wide type "B" buffer abutting the CPD and RPO to the west as well as a 5-foot type "A" buffer where the proposed commercial tracts abut the CPD to the west; and a 15-foot wide type "B" buffer abutting the residential property to the south/southeast.

The MCP provides buffers consistent with the LDC requirements.

The applicant has been in discussion with the residential development to the south/southeast and has agreed to provide an enhanced buffer along this property line. This buffer is 15 foot wide on a 3-foot berm with an 8-foot high pre-cast wall. Also proposed is a solid hedge planted at 42" and maintained at 4-feet. 138 shade trees at 14' height will be planted.

Water and Sewer Water and sewer would be provided by Lee County Utilities. A letter of availability has been provided for the rezoning. Individual letters are required for obtaining building permits.

Estero Fire Rescue had notified the Village of a potential issue with adequate water supply for fire flow and suppression, particularly as it relates to degrading flow and pressure at Corkscrew Woodlands and Island Club. The applicant has identified solutions that could improve the situation and has worked with the fire district on solutions which will be incorporated at time of development order.

Transportation Issues The property fronts on Corkscrew Road , a Lee County maintained arterial street. Access to the development is provided by a reverse frontage road connecting to Corkscrew Woodlands Boulevard to the east and Estero Town Commons Place, the access drive serving the commercial development to the west. The connection to the west also provides connection to Three Oaks Parkway to the west using Estero Commons Place which is a privately maintained road.

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In summary, there are two main issues: (1) Level of Service for Corkscrew Road and (2) operational issues (need for a traffic signal).

The most recent Lee County Concurrency Report (2016) shows that this link of Corkscrew Road currently operates at Level of Service "C". The Report also shows that the Future Level of Service, with all proposed traffic from currently approved development orders included, is projected to be "F". The Future Level of Service, per the report, included the Estero Crossing commercial project's approved development order as currently zoned . The proposed changes to the application will modify this anticipated Future Level of Service. The number of trips for the proposed project wil l be about 50% less than the previously approved commercial project if built-out with 300,000 square feet (4,797 trips per day compared to 9,918 trips per day). As a result of this adjustment for the difference in traffic generation for the proposed project, Corkscrew Road is projected to have a "Future" Level of Service "D" instead of "F". Therefore, the proposed development is consistent with the standards contained within the Transitional Comprehensive Plan and no roadway link improvements are expected to be required to accommodate the proposed zoning .

The intersection of Corkscrew Road at Corkscrew Woodlands Boulevard, and the intersection at Estero Town Commons Place/Puente Drive on Corkscrew Road are unsignalized and operate at unacceptable conditions now and in the future. A signalized intersection at the Corkscrew Road intersection with Estero Town Commons Place/Puente Drive will be needed for operational safety purposes to accommodate the traffic from this project and the existing background traffic from surrounding developments. If approved, the applicant will be required to participate in the funding of signal improvements since the traffic from the subject site will contribute traffic to this intersection.

Analysis of Comprehensive Plan Policies The subject property is bounded to the southeast and southwest by residential development. Commercial use exists to the north, east, and west along Corkscrew Road . The property is within an Urban designation on the Future Land Use Map. The site can be accessed from Corkscrew Road and Three Oaks Parkway. Potable water and sanitary sewer mains are located along Corkscrew Road . EMS, Fire, and the Sheriff's office provide public services in the area. This is generally consistent with Goal 2, Objective 2.1 of the transitional comprehensive plan. However, the transportation intersection issue is not consistent with Policy 2.2.1 which states that rezonings will be evaluated as to the availabi lity and proximity of the local road network.

The property is shown to be designated within the Mixed-Use Overlay along the south side of Corkscrew Road on Map 1, Page 6 of 8 of the transitional comprehensive Plan. The proposed development is requesting rezoning to mixed-use but appears to be designed as two separate developments; commercial and residential. The project needs to be better integrated.

Standards 11.1 and 11.2 have been established to ensure appropriate water and sanitary standards are considered while reviewing the rezoning application and to make sure that these are met prior to issuance of a development order. Lee County Utilities advises in a letter to the applicant's agent on March 11 , 2015 that they have sufficient capacity to provide potable water and sanitary sewer services to the proposed development. However, adequate fire flow issues would also need to be evaluated no later than the time of the development order.

The density and height requested are not compatible with the residential to the southeast and west and this appears to be inconsistent with the following policy.

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POLICY 5.1.5: Protect existing and future residential areas from an encroachment of uses that are potentially destructive to the character and integrity of the residential environment. Requests for conventional rezonings will be denied in the event that the buffers provided in Chapter 10 of the Land Development Code are not adequate to address potentially incompatible uses in a satisfactory manner. If such uses are proposed in the form of a planned development or special exception and generally applicable development regulations are deemed to be inadequate, conditions will be attached to minimize or eliminate the potential impacts or, where no adequate conditions can be devised, the application will be denied altogether. The Land Development Code will continue to require appropriate buffers for new developments. (Amended by Ordinance No. 94-30, 99-15, 00-22)

Goal 4 addresses sustainable development design. It is intended to encourage creative site designs that use mixed-use development techniques. This goal also creates the Mixed-Use Overlay as a method of implementing these techniques. The subject property is within the Mixed­Use Overlay. Developments within the Overlay that meet certain development criteria , such as New Urbanist, Transit-Oriented Development, and Traditional Neighborhood Development, are permitted to use the commercial portions of the site when calculating residential density. This proposal does not meet that criteria but is not requesting the additional density through the Overlay.

Estero-Specific Policies: Goal 19 of the Transitional Comprehensive Plan and related Objectives and Policies specifically address the Estero Planning Community.

The proposed planned development proposes vehicular connections to the adjoining development through the use of a reverse frontage road. The residential area is gated. A recommended condition to any approval of the MPD zoning includes provision for pedestrian interconnection opportunities within and outside of the development in order to be consistent with Policy 19.2.6.

POLICY 19.2.6: Encourage commercial developments within the Estero Planning Community to provide interconnect opportunities with adjacent commercial uses in order to minimize access points onto primary road corridors: and residential developments to provide interconnect opportunities with commercial areas, including, but not limited to, bike paths and pedestrian access ways. (Added by Ordinance No. 14-16)

Other Issues and Services

Natural Resources: The South Florida Water Management District (SWFWMD) Environmental Resources Permit (ERP) has been issued on the subject property.

FEMA Floodway: The subject property contains a small area within FEMA identified floodway. The applicant has indicated that they obtained a "no-rise" certification .

Historic Resources:

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The subject property is not within the level 2 sensitivity areas for archeological and historic resources.

Transit Services: In a letter dated December 3, 2014, LeeTran staff stated that there is fixed-route transit service along Corkscrew Road (Route 60) that fronts the subject property. The entire Estero Crossing property lies within the LeeTran paratransit services corridor.

Emergency Medical Services (EMS): In a letter dated November 17, 2014, EMS staff stated that the primary ambulance for the subject property is Medic 21 and that there are two other locations within 5 miles of the subject property. All three locations are projected to meet service standards and that service availability for the proposed development is adequate at this time.

Police Services: In a letter dated November 20, 2014, Lee County Sheriff's Office staff stated that the proposed development does not affect their ability to provide core services at this time.

Fire Services: In a letter dated November 17, 2014, Estero Fire Rescue staff stated that they are capable of providing fire protection and advanced life support/non transport services for the subject property.

School District: In a letter dated January 27, 2015, School District staff stated that the local Concurrency Service Area (CSA) currently has sufficient capacity to serve the elementary and middle school portions of the estimated 41 additional school age children that would be generated by the proposed development. There is sufficient capacity in the contiguous CSA to accommodate the high school age children .

Solid Waste: In a letter dated November 19, 2014, Lee County Solid Waste Operations staff stated that there is sufficient capacity to accommodate the proposed development.

Utility Services: In a letter dated March 11 , 2015, Lee County Utilities staff stated that potable water services will be provided through the Pinewood Water Treatment Plant. Sanitary Sewer Service wil l be provided by Three Oaks Wastewater Treatment Plant. Lee County Utilities presently has sufficient capacity to provide potable water and sanitary sewer service to the proposed development.

Deviations The applicant has requested several deviations from the Land Development Code. The following provides an explanation of each deviation requested and recommendations.

Deviation 1 is from the Village of Estero LDC Section 33-112 requiring all utilities be located underground unless located within a public right-of-way to allow the existing overhead lines on the south side of Corkscrew Road to remain overhead within the existing FPL easement.

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Recommendation : The deviation is recommended for approval for only the existing overhead lines on the property line. New or replacement lines should be developed in conformance with this requirement. The adopted design standards are intended to help create a distinguished architectural style and appearance within Estero, and provide design criteria intended to stimulate creative project designs while fostering compatibility with surrounding developments.

Deviations 2 and 3 were withdrawn by the applicant.

Deviation 4 is from LDC Section 33-400 regulating setbacks within the Corkscrew Road Overlay to allow the proposed Development Regulations included with this application .

Recommendation: The property is not developed and the Code provision permits a degree of flexibility to permit creation of small areas for outdoor seating for restaurants and coffee shops, and landscaping. If this deviation is approved it should still require areas for outdoor seating to partially achieve the purpose of the requirement.

Deviation 5 seeks a deviation from the Village of Estero LDC Section 34-1263( e) providing that package stores may not be located closer than 500 feet to a park or dwelling unit to allow a zero foot separation for the residential apartments which are part of the project.

Recommendation: This should be shown on a typical drawing illustrating the actual distance to buildings.

Deviation 6 has been withdrawn by the applicant.

Deviation 7 seeks a deviation from the Village of Estero LDC Section 34-2192(b)(5) requiring parking lots, access streets and drives to be setback a minimum of 75 feet from the Corkscrew Road right-of-way to allow a minimum setback of 20 feet.

Recommendation : The required setback is intended to promote an attractive landscaped and uniform appearance along this roadway. However, the setback has been applied somewhat inconsistently in this area. The applicant should provide additional justification as to why this is needed or will enhance the project

Deviation 8 has been withdrawn by the applicant.

Deviation 9 seeks a deviation from LDC Section 33-433(4) requiring Automobile Service Stations and Convenience Food and Beverage Stores to be located a minimum distance of 500 feet between the nearest point on any lot to be occupied by an automobile service station to any parcel of land currently occupied by an automobile service station, to allow a separation of 170 feet when the parcels are separated by Corkscrew Road .

Recommendation : The Code provides in LDC Section 33-444, the Community Development Director has the authority to grant a waiver from this Section if it is demonstrated by the applicant that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man made boundaries, structures, or other features that offset or limit the necessity for such minimum distance requirements. The property is separated by Corkscrew Road . However, there are 2 nearby gas

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stations on the north side of Corkscrew road; one is only 170 feet away. If this deviation was approved, staff would be concerned as to setting a precedent for other cases. One has been proposed nearby on the south side of Corkscrew Road . This deviation is recommended for denial.

Deviation 10 seeks a deviation from LDC Section 30-153(3)a that allows each individual establishment one (1) ground-mounted sign and Section 33-383(9) which prohibits offsite directional signage sign to allow a second ground mounted sign on Parcel 4 to identify the Residential portion of the overall development.

Recommendation : The deviation is recommended for denial since it could adversely impact the community permitting a proliferation of signs taking away from the character of the community, particularly at the entry from Interstate 75.

Deviation 11 seeks a deviation from the Village of Estero LDC Section 30-181 (a)(1 )a. that allows a maximum of a 64 square foot non-illuminating directional sign to be placed along an arterial street within 500-feet of the nearest intersection involving a turning movement to the development but shall not be placed closer than 50-feet from the intersection to allow an illuminated directional sign at the intersection of Corkscrew Road and Estero Town Commons (aka the entrance to Lowe's shopping center) with a 10 foot setback from the intersection. The deviation is for the residential project identification sign.

Recommendation : This is a second deviation for the proposed directional sign and seeks in this deviation to illuminate the proposed directional sign and reduce the setback to 10 feet from the intersection so as not to conflict with the landscaping.

Deviation 12 seeks a deviation from the Village of Estero LDC Section 33-385(a)(3) & 30-153(3)(e) requiring the sign setback be a minimum of 15-feet from the right-of-way. The applicant is requesting to install the Residential Project Identification Sign and the Commercial Outparcel Monument Signs at a 10 foot setback from Corkscrew Road.

Recommendation : The proposed sign setback, based on the applicant's request, is only a 5 foot difference between the proposed and required setbacks. The applicant has not sufficiently demonstrated that there is a significant difference in the visibility of the sign from the traveling public on the 4-lane arterial road (Corkscrew Road) with a current speed limit of 45 miles per hour. The applicant wishes to avoid a conflict with the landscaping. Approval of the deviation could result in 5 signs at a 10 foot setback on Corkscrew Road . The applicant has proposed reducing the sign area (s.f.) to compensate for the additional sign.

Deviation 13 seeks a deviation from LDC Section 33-229 which limits the building height outside of the Interstate Highway Interchange Areas to a maximum of three stories or 45 feet, whichever is less, to allow a maximum building height of 50 feet (4 stories) within this development.

Recommendation: The applicant states the reasoning for the requested height is consistency with the heights of Embassy Suites and Hampton Inn. These are existing buildings within the Interstate Highway Interchange and were previously approved by Lee County because they are within the interchange area. The applicant has modified the Comprehensive Plan amendment request to allow residential in the interchange areas. However, it is recommended that the

May 3, 2017 Page 14

maximum building height allowed in this requested planned development be kept compatible with the existing single family homes found to the south and southeast in the Island Club community, and west and southwest in Villa Palm eras. The requested building height of 50 feet would be out of character with these surrounding communities (Island Club and Villa Palmeras) since their maximum building height is limited to 35 feet. The deviation is recommended to be denied, keeping the maximum building height within this area of the Village of Estero, and outside of the interchange designation, at 45 feet (three stories).

Deviation 14 (Section 10-296(r)(4) limits the number of multi-family units that can be served by a parking aisle to a maximum of 100 units, to allow 110 units instead. The purpose of this requirement is for safety, to prevent numerous vehicles from having to drive through large parking lots when other parked vehicles back out into the trafficway. The applicant has reconfigured the site plan to minimize this deviation; thus, staff recommends approval.

Deviation 15 (Section 10-329)(d)(4) lake slopes, to provide a bulkhead along the internal lake can be approved but should be limited to the location shown on the Master Concept Plan and with the condition that additional littoral plantings must be provided per Land Development Code Section 16-418(3) and the hardened structure shall not exceed 20% of the lake shoreline.

ATTACHMENTS:

A. Maps: surrounding zoning , future land use and aerial photograph B. Master Concept Plan C. Staff proposed Text Amendment language D. Minutes from March 29, 2016 Planning and Zoning Board Meeting E. Lee County Environmental Report F. Lee County Utilities Letter G. Minutes from June 16, 2015 Estero Planning and Zoning Board Meeting H. Resolution Number Z-06-031 I. Applicant's Supporting Documents

May 3, 2017 Page 15

Correspondence Received

From: Armanda De Welde <deweldea@yahoo.com> Date: May 7, 2017 at 4:58:36 PM EDT To: errington@estero-fl.gov Subject: The Island Club - Corkscrew Woodlands

Dear Ms. Errington:

I am a permanent resident in this Community and since I will be out of town for the May 24th Planning/Zoning meeting, please consider my concerns, below, in line with the general opinion of our residents:

Not making changes to the Estero plan that could affect or create a precedence in the future.

It is my understanding that the proposed height of the new buildings do not comply with the Estero Code.

Not having (another) gas station nor having (another) 24-hour cycle business - and not (another) fast-food establishment.

I do hope these basic concerns are resolved, as I feel certain that you will consider the consequences our Community will endure -in addition to traffic impacts in-out of our main street and nearby areas.

Thank you. Armanda De Welde 10714 San Tropez Circle Estero, Florida 33928-2472 deweldea@yahoo.com