Council adopts Fishtail Marina CPD amendments with conditions; adds 'water ferry' language

Fort Myers Beach Town Council on Aug. 18 unanimously approved Ordinance 25‑14, the second and final reading of amendments to the Fishtail Marina commercial planned development (CPD), clearing the way for rehabilitation, minor reorientation of buildings on the site and one additional deviation to setback rules.

The ordinance approves an amendment and restatement of the CPD for property at 7225, 7291 and 7295 Estero Boulevard (multiple STRAP numbers), restates previously approved conditions and deviations, and adds clarifying language to three exhibits attached to the CPD.

Staff planner Jason Smalley told the council that the changes are largely technical and project‑clarifying, and that staff recommends approval. "Staff recommends approval with the conditions as they've been presented, both digitally and physically before you," Smalley said. The package adds the term "water ferry" alongside "water taxi" in two exhibits and removes an outdated reference to a Phase 2 that dates to the 1994 approval.

Under the amended CPD, the council approved one specific deviation: to allow an existing restaurant and its deck immediately adjacent to a leased boat basin to remain and be rehabilitated with a functional 0‑foot lot‑line setback from that leased basin. Smalley emphasized the change "does not affect the areas of the lot that are directly adjacent to the state owned and state managed waters," which remain subject to the original 20‑foot setbacks in most places. The ordinance also includes an added condition (condition B) requiring the property owner to "work in good faith with the town" on future water ferry and water taxi stops.

Brock Petrack, civil engineer with Edgewater Group representing the applicant, said the applicant intends to cooperate with the Arches property owner on potential ferry stops. "Yes. That is accurate," Petrack said when asked if his client intends to make Fishtail Marina one of the Arches' planned stops. He told the council he expects marina upland work and Pinchers restaurant buildout to move forward soon and that the restaurant owner will likely complete build‑out within about a year.

Environmental oversight during construction was discussed. Town environmental manager Chad Schutz will oversee work that could occur during turtle season, and Smalley reminded council that state turtle‑protection rules remain controlling. Smalley also said the applicant is close to an Army Corps permit for docks and has an ongoing fuel permit process for the south marina side.

There were no public speakers during the hearing. Councilor John King moved for approval; the motion was seconded by Vice Mayor Jim Aderholt and carried unanimously. After the vote Mayor Dan Allers closed the hearing saying "Motion carries unanimously. Thanks, Brock." The ordinance will take effect according to the town's normal adoption procedures.

The approval preserves the CPD's overall plan while clarifying which structures may keep a 0‑foot setback from the leased basin, reiterates that state water regulations remain in force and adds explicit language to coordinate future ferry/taxi infrastructure.

Details that may matter to nearby residents and marine stakeholders include the retained 20‑foot setbacks along state waters except for the limited leased‑basin areas, the explicit commitment to coordinate future ferry stops, and staff assurance that construction during turtle season will be overseen by the town environmental manager.

The council packet includes the ordinance (Exhibit A) and the two exhibits in which "water ferry" was added; staff said those exhibits were provided to councilors and made available to the clerk.