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

Neighbors are appealing a village decision to allow the conversion of a long-vacant grocery store into luxury apartments at The Brooks Town Center in Estero.

The appeal is challenging a recent decision by the village's Planning, Zoning & Design Board to give a final sign-off on a development order – or site plan – for the controversial apartments.

A group of Brooks residents seeks to reverse the development order and to void a settlement agreement that paved the way for the four-story complex to be built at the northwest corner of Coconut Road and Three Oaks Parkway.

PAC Land Development Co. plans to demolish the vacant Winn-Dixie and build 137 apartments, at a height of 50 feet, on about half of a 10-acre site. With the exception of the old grocery store, the long-established shopping plaza would remain in place, along with a bank, to serve the surrounding neighborhood.

The appeal characterizes town council's approval of a settlement agreement with the developer as of "no benefit or concern for the public interest," arguing that it "signed away all police powers for the required rezoning," including a more in-depth review by the Planning, Zoning & Design Board.

The appellants also assert the proposed development is inconsistent with the town's comprehensive plan, or long-term vision for growth, and accuse council of "contract zoning," which is not allowed under Florida law.

The development did not require a rezoning, as a result of a negotiated settlement that council approved earlier this year.

In 1997, long before Estero incorporated, Lee County approved the zoning and a Development of Regional Impact for The Brooks, a 2,492-acre master-planned development. That zoning allows for various uses on the property at Town Center, including apartments, so council saw its hands as tied.

The appellants saw it differently.

They believe a rezoning should have been required for such a big change in density. Based on the village's comprehensive plan, they contend densities greater than four units are "not permitted" on the land, and that no "bonus densities" are allowed either.

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The appeal is led by Brooks resident Kathy Wyrofsky, whose house would sit within 400 feet of the apartments, to the rear.

She sought "adversely affected party status," at the final hearing before the Planning, Zoning & Design Board last month, but it was denied.

The status would have given Wyrofsky more time to make a case against the development order before the board. She hoped to bring up a few experts she hired to bolster her arguments for denial, as part of a detailed presentation.

After the meeting, she expressed her disappointment in not getting more time to speak, and even more disappointment in the decision. She believes she was wrongly denied a chance to fully present her arguments, a claim that's included in the appeal.

The appellants also accuse Barry Jones, one of the Planning, Zoning & Design Board's members, of having a conflict of interest, as a shareholder in Hole Montes, the engineering firm for the apartment developers. They say he never should have voted on the project, and they want him removed from the board.

Jones made the motion to approve the development order.

The nearly 40 residents behind the appeal seek relief to restore "resident citizen's trust" in the village government by "removing those with ongoing, continuing conflicts," and ensuring that resident interests are put first.

"It is our intent to make all future processes transparent and in compliance with all Florida laws and village processes," Wyrofsky said.

In response to the group's demands, Jones said in an email: "I have not worked for Hole Montes for approximately 18 months now. A simple search of my LinkedIn profile would have told them that. There is no conflict of interest. I will refrain from commenting on the rest of the appeal 'facts.'"

The developer, going under the name AC Estero Apartments LLC, received approval of a conceptual plan from the Planning, Zoning & Design Board in July, as part of a two-step process required to obtain permits under the settlement.

During the discussions at the final hearing, Mary Gibbs, the village's community development director, told the board it wasn't there to consider the zoning, but rather to determine whether the site plan met land development and zoning regulations, and the terms of the settlement agreement.

"We believe that it does comply with the codes," she said. "We've analyzed it, pretty detailed."

In its analysis, staff also found the site plan to be consistent with the settlement.

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In 2021, the village effectively halted the apartments, when councilors voted against the property owner’s claim that the developer could legally build them without going through Estero's full rezoning process.

Ultimately, the disagreement sparked two lawsuits against the town.

Earlier this year, after much back and forth, village staff made a last-ditch effort to reach a settlement and succeeded.

With the settlement, the developer agreed to improve the look of the apartments and to go through a public approval process, allowing for more public discussion and feedback.

More than 1,500 residents from The Brooks signed a petition asking for denial of the site plan.

They don't see the development as a good fit for the location, with concerns about the project's impacts on everything from wildlife and street views to traffic and property values.

Several business owners in the Town Center also oppose the apartment development, with concerns it could disrupt their daily operations, chase away customers and hurt their livelihoods, by adding a residential element to what's now strictly a retail strip center.

When such an appeal is filed, the rules state that council must hold a public hearing on the matter as soon as "reasonably practicable," with the right to affirm, reverse, or modify the Planning, Zoning & Design Board's decision. Anyone can speak at the "de novo," or new, hearing.

In an email Thursday, Gibbs said the appeal should not take long to resolve.

"We just got the appeal, so we are reviewing it now," she said. "It does not put a stop to permitting or construction for now."

This article originally appeared on Naples Daily News: Residents appeal development order for controversial apartments in Estero