Estero residents lose appeal to stop four-story apartment complex

A group of The Brooks residents hoping to reverse a development order for a four-story luxury apartment complex near their Estero community lost an appeal at a special Village Council meeting Wednesday.

Residents opposed to the replacement of a long-closed Winn-Dixie grocery store with apartments expressed concerns for safety in their community; increased traffic; the height of the apartments; a loss of serenity with construction and more people; the well-being of wild animals in a nearby nature preserve; and the process itself. They argued multi-residences go against the village's comprehensive plan and aren't allowed in the zoning.

"This has been a very frustrating process," Magnolia Bend resident Sandy Small told the council. "To have apartment housing next to multi-million-dollar homes in the Brooks seems very inconsistent from a commonsense perspective, let alone a zoning perspective."

Lawsuits, settlement, public hearings took years

Discussions about Long Bay Partners LLC's plans have been going on for years and led to a halt in the project in 2021 and to two lawsuits against the village. The developer didn't want to go through the public hearing process for approvals but instead through administrative channels.

A settlement was reached in June whereby the developer agreed to go through a multi-step approval process, and to improve the look of the apartments and the included Brooks Town Center strip mall. Residents had hoped to reverse the settlement agreement; however Village Council accepted the agreement, and it was no longer subject to appeal.

In October, the village's Planning, Zoning & Design Board approved the development order ‒ or site plan – by a vote of 5-2. Village Council voted unanimously to uphold the planning board's decision after more than three hours of testimony, public comment and discussion.

Village planning experts say apartments allowed

Council members followed the planning board, planning staff and legal council's interpretation of the village's land development code and comprehensive plan, along with the long-established Development of Regional Impact (DRI) for The Brooks, which was a 2,492-acre master-planned development and Lee County zoning put in – both put in place in 1997. The approximately 10 acres of land is zoned for both commercial use and multifamily low-rise buildings, although only offices and stores have been built on it.

Mary Gibbs, the village's community development director, said the apartments, the 50-foot height of the proposed apartment building and the 137 units are all allowed.

"I have been reviewing DRIs for 40 years," Gibbs said. "I’m really recognized as an expert in that."

Estero Mayor Jon McLain asked developer Tom Cavanaugh, president and CEO of the PAC Land Development Co., the name the project is under, to meet with residents about landscaping and safety. Cavenaugh said he had no problem with that but said he has not been contacted by Brooks resident Kathy Wyrofsky, who led the appeal.

Developer says he will build a fence, add landscaping

"If we want to talk about concessions and security, let’s talk about it," Cavanaugh said at the meeting. "Everything we were asked to do by the planning board, we have done. If Kathy wants a fence, Kathy can have a fence. If Kathy wants more landscaping, she can have more landscaping. I’m sorry, the residents."

After the meeting, Wyrofsky, whose house will sit within 400 feet to the rear of the apartments, sent an email to council saying Cavanaugh agreed "he will meet with us to discuss making certain concessions in our favor after the holidays."

"We do believe that we presented substantial evidence in our Appeal, but of course you were the ones that had to weigh it against the developers," she wrote.

Cavanaugh can now move forward with the rental community known formally as the Coconut Pointe Residences. Apartments will be built on about half of the site. With the exception of the old grocery store, which will be demolished, the long-established shopping plaza will remain in place, along with a bank. The developer will repaint the commercial center to refresh it and integrate it with the apartment community.

The upscale apartments will have garages, carports and surface parking. Among the planned amenities are a pool and cabana, a courtyard with an outdoor kitchen and dining area, a fitness center and a dog park.

Councilman Jim Ward, who lives in The Brooks, said the council fought for residents and business owners to have a say in the project and the process and that concessions of the June settlement "have the blessing" of the presidents of the communities in The Brooks.

"Unfortunately, I don’t see any reason to deny what the planning and zoning board did," Ward said. "I believe they are a competent authority."

More: Neighbors appeal development order for proposed apartments at shopping center in Estero

This article originally appeared on Naples Daily News: Estero council lets 4-story apartments go forward at Winn-Dixie site