Miromar Lakes has essential put a GAG Order in effect and is involved in an ongoing litigation with the University.


                                               A “buffer” Miromar Lakes wants FGCU to develop.

Miromar Lakes is involved in ongoing litigation with FGCU.

The waterfront real estate is concerned about potential light and noise pollution from its neighboring university, based off past emails and public hearings. Specifics on current legal actions are being withheld.

On April 2011, Neale Montgomery from the Pavese Law Firm sent an email to FGCU Vice President for Services and Finance, Dr. Joseph Shepard. It contained a list of objections and reconsiderations for FGCU’s Campus Master Plan–a public document containing campus development plans.

In the email, Montgomery, on behalf of Miromar Lakes, called The Campus Master Plan “internally inconsistent”. He said “the University is only required to ‘consider’ whether or not they want to avoid undesirable impacts on private development”. By “undesirable impacts”, Miromar is talking about light and noise pollution. Miromar wants to ensure FGCU will not be seen or heard by its residents.

Miromar wants a minimum 150-foot separation of all FGCU buildings from it’s southeastern property line, and a 200-foot separation for parking garages, according to Montgomery’s email. Miromar Lakes wants no building constructed to be over 35 feet in height.

Montgomery wrote that a photometric analysis needs to be done measuring “no more than zero foot-candles of light”–to ensure it’s lights out after 7pm.

An exhibit attached to the email explained that in addition to the 150-foot separation of FGCU buildings, a 100-foot “buffer” of dense vegetation must be provided. An upper and mid-story canopy would work to block FGCU’s buildings visually, and help dampen traveling sound.

Also last year, in January, Miromar Lakes filed a petition for a formal hearing with Lee County and the State of Florida.

Petitioners said FGCU and Alico Land Development future-approved plans will negatively impact the “character and integrity” of Miromar residences, and will be “significant nuisances…incompatibles…and out of character.”

FGCU could not be reached for comment, due to a longstanding practice of “not commenting on matters involving current or pending litigation”, according to Susan Evans, Chief of Staff and University Spokesperson. Miromar Lakes did not respond when reached for comment by phone and email.

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