Residents of The Brooks in Estero lost their appeal Wednesday to stop a 4-story apartment complex from being built at the northeast corner of Three Oaks Parkway and Coconut Road.
Long Bay Partners LLC, Top-CR Associates LLC and PAC Estero Apartments plan to tear down the former Winn-Dixie grocery store at the Brooks Town Center to make room for the 137 high-end apartments.
Thirty-seven residents filed the grievance after the Planning Zoning & Design Board (PZDB) approved the development order at its October 10 meeting. The village, at the appeal hearing on Wednesday, accepted the five residents living within 500 feet of the proposed apartment as aggrieved parties.
Kathy Wryofsky, whose house sits north of the planned apartments, is leading the fight against the proposal. She is not sure what the next step will be.
Tom Kavanaugh, developer of the project, said he will meet with the group to see if they can work out a compromise, she said.
Wryofsky wasn’t sure what compromise can be reached. Developers of the project said on Wednesday lowering the height wasn’t an option.
Wryofsky said more trees or shrubbery could be an option. Residents also want more security built into the project.
Residents can take their case to circuit court if they can’t reach an agreement with the developer. Whatever the next step, it will cost money, Wryofsky said.
She thinks the residents have case law in their favor, but Mary Gibbs, director of community development and land use attorney Nancy Stroud, argued differently Wednesday.
Residents argued six points, including the development doesn’t follow the village’s comp plan because the apartments would allow more than four units per acre.
Opponents also argued the village “contracted away its enforcement rights with the settlement agreement.”
Village officials have said they have no control over what can be built there because Lee County approved the zoning in 1997 before Estero became a village. The zoning allows apartments up to four stories.
Gibbs said some of the arguments aren’t valid because the residents’ accusations are with the settlement agreement and not the development order. Two other grievances, fundamental fairness because a meeting was held in July when many in the community were not in town and a conflict-of -interest accusation didn’t meet the appeal criteria.
Several members of the village council were sympathetic with the residents, but said they felt comfortable with the planning and zoning’s decision. The vote was unanimous to deny the appeal.
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