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Group told developers don’t have to attend their meetings

By Staff | Mar 16, 2011

Kristi Cates

A plan to charge developers, builders and others who may want the approval of the Lehigh Acres Community Planning Panel (LACPP), was put on hold for discussion at the next meeting on April 13 after Lee County Principal Planner Kathie Ebaugh cautioned the panel’s chairman, Edd Weiner, that members of the board had just received the proposal and had not had time to review it.

Ebaugh also announced that everyone should understand that a proposed builder, planner or developer or someone seeking a zoning change does not have to appear before the LACPP or its Architectural Board, which is a private group, not sanctioned by the county.

“They can come here to Lehigh to any organization and hold a meeting to tell the people of Lehigh what they are planning. They can even set up their own meeting and announce it to the people,” she said.

Weiner had brought documents to the meeting a submittal requirement and a Development Review Application without first having it listed on the agenda and without having provided the other eight members time to examine the material.

The application for development review asks for certain information as to why the application desires to come before the board and included a list of fees.

Lee Chapman

The Architectural Review Board (ARB) of which Weiner is a member, said in its policy and procedures for applications the LACPP was instituting a program of full and partial recovery fees for processing of the different types of applications. Each of these types of applications will also require review by the Attorney’s Office as well as the possible preparation of legal documents such as ordinances and/or resolutions, and either a deposit or fee for legal review will be collected.

It listed such areas as zoning changes, comprehensive plan amendments, site and design plans, transfers of development rights, major architectural review projects, major subdivisions and more.

As proposed, a deposit would be accepted at the time the application is filed. The applicant or property owner would have to sign the agreement making it a contract.

Fees ranged all over the board from rezoning requests, site plan approval, change of use approval of 10 acres or less, and/or single building reviews for site plan approval, or change of use with a fee at $150. Fees for other requests would be $300 and as much as $500.

It was not on the original agenda but Weiner asked that it be added to the evening’s agenda. Near the end of the scheduled meeting, Weiner said he wanted it discussed before the board and approved that night.

That is when panel member Frank LaRosa said it was unfair and wrong for Weiner to surprise the group with the proposals without the panel having time to review them before they could discuss them at the meeting. Weiner resisted and that was when County Principal Planner Ebaugh suggested to Weiner that the item be put on the agenda for discussion in April. Weiner was overwhelmed with objections to considering the documents that night and relented.

Earlier in the meeting the much hated palm tree issue came up again by Weiner, who said they were ugly and he didn’t want them around a proposed communication tower planned for Lehigh Acres. Lee Chapman of Stuart, Fla., owner of SCI Concepts Inc. had appeared before the board in February requesting approval of a tower he planned to build and asking for the board’s blessings for rezoning on a site off of SR82 near Meadow Rd.

Weiner asked if Chapman had redesigned the site plan without using palm trees. Chapman said the county requires palm trees to be planted around the towers in addition to other vegetation to make them more attractive.

“No palm trees, they are ugly and I don’t care what the county thinks,” Weiner said. However, he had to relent when he was told it was a county requirement that palms be planted around communication towers. But he only relented when Chapman said he would plant several pine trees in between the palms to please the chairman.

Weiner is not happy that another fenced-in communication tower in Lee Blvd. in his opinion has become an ugly site. The palm trees that were planted have died and nobody has replaced them, according to Weiner.

Next, Kristy Cates who showed up in February to seek the panel’s endorsement for her to have land she lives in rezoned from residential to commercial where she plans to expand her daycare business where she can tend to 12 small children instead of the 10 she now cares for.

The address of the home is at 3902 Sunset Blvd. At February’s meeting, she was asked about trees, fences and other things about the property. County Planner Katie Ebaugh had to remind the board at that meeting that Cates was there only to seek their approval for a zoning change.

When she returned last week for a second required appearance, one member of the board became angry and shouted at her that he didn’t want a daycare center in a residential area.

Panel member Paul Lambertucci said he didn’t want to hear the noise from children if someone built a daycare center behind his home. Cates assured him that she has been a daycare mother for 10 children for some time and nobody has complained. It was also noted that she was only asking for a zoning change and she didn’t plan to plant palms, she added.

Lambertucci became so angry that he shot questions and comments at the young woman for several minutes, but she was able to stay calm. Many on the panel said they had no problem with a day care center near their homes and Lambertucci was reminded that the county prefers for them to be in neighborhoods rather than in industrial and commercial areas. Even Weiner said he had no objection to a daycare center in a residential area. The vote was 8-1 to approve the woman’s request with Lmbertucci casting the nay vote.

“That is where it makes sense that they be,” Weiner said.

Both Chapman and Cates received the approval of the board to move forward to the hearing examiner for both applicants before the commissioners get the proposals.

The next meeting of the LACPP is at the Veterans Park Community Center on Homestead Rd. It will be on April 13 and will start at 6:30 p.m. The public is encouraged to attend although few ever turn out.