The fight against a 4-story apartment complex at the northeast corner of Three Oaks Parkway and Coconut Road in Estero is not over.
Residents of the Brooks filed an appeal this week with the Village of Estero to reconsider giving the developers of the apartment complex a development order.
The Planning Zoning & Design Board (PZDB) approved the order at its October 10 meeting.
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 137 high-end apartments.
The Village council settled a three-year battle with the developers in June over the property planning approval process.
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.
The appeal is asking the village to reverse the development order and to void the agreement it made in June to end the lawsuit and allow the project to go forward.
Kathy Wyrofsky, whose house sits north of the planned apartments, is leading the fight against the proposal.
The residents have a long list of grievances with the PDZB’s approval process.
The residents argue:
- The development doesn’t follow the village’s comp plan because the apartments would be more than the 4 units per acre allowed, according to the appeal sent to the village.
- The village “contracted away its enforcement rights with the settlement agreement.”
- The informational meeting was held in July when a large part of the community was not in town.
- A resident was denied participation to present expert opinion testimony at the October meeting.
- And one member of the PZ&DB voted even though the appeal claimed he had a conflict of interest.
Community Development Director Mary Gibbs said attorneys are reviewing the appeal. She thinks the council will discuss the appeal in December or January.
She expects both sides will be allowed to present their case.
Wyrofsky said she doesn’t expect “much movement at the council level,” but it’s the first step needed in the process.
If the village rules against the appeal she can seek an injunction with the circuit court, she said.
“One step at a time,” she said.
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