LPA approves Beach Theater special exceptions and grants parking variance with conditions

The Fort Myers Beach Local Planning Agency on June 10 approved four special exceptions and a related variance for a proposed restaurant, bar and entertainment reuse of the former Beach Theater at 6425 Estero Boulevard. The approved special exceptions allow on‑site alcohol consumption, limited outdoor entertainment, indoor live entertainment and outdoor seating after sunset, subject to conditions intended to protect adjacent residential areas. The LPA also granted a variance reducing the site’s required parking from 115 spaces to 33 spaces subject to a recorded shared-parking agreement and operational conditions.

Judith Franco of Community Development reviewed staff findings: the site’s future land‑use category is mixed residential (staff noted a clerical correction in the draft resolution), and the application proposes a ground‑level casual restaurant/bar, a second‑level steakhouse, and interior reuse and storage on the upper level. The applicant will enclose the rear bays along the property with a concrete block wall to buffer sound and will provide a 15‑foot enhanced Type C buffer with a 6‑foot opaque fence along the single‑family property line. The existing at‑grade parking lot will remain but is reconfigured from 34 to 33 spaces with two ADA spaces; the applicant proposes bicycle and golf‑cart parking as additional modal options.

Staff recommended approval of the consumption-on-premises request and outdoor seating after sunset, recommended denial of new outdoor entertainment unless strong mitigation is required, and recommended approval of live entertainment provided it occurs inside or in mitigated outdoor locations. The applicant and design team presented detailed mitigation and operational commitments during the hearing: building-integrated distributed speakers to control amplification, restricting amplified performers to solos or duos (no drums), indoor amplification limits tied to the town noise ordinance, no loud electronic arcade-style games in the entertainment area, and turtle‑lighting compliance. Architect Albert Dambros described added solid concrete block walls, options for impact storefront doors that could be closed to limit sound, acoustic ceiling treatments, and a perimeter railing/hedge to control movement off the deck.

Neighbors spoke at public comment in opposition to unmitigated outdoor entertainment and to potential spillover parking on Curlew and Egret streets. Sherry Smith, an Egret Street resident of 35 years, urged careful measures to prevent street parking and noise intrusion into back yards.

After discussion and negotiation with staff and the applicant, the LPA approved the four special exceptions with conditions that include: compliance with the town noise ordinance; integrated building‑wide speaker control; hours limits on amplified music (staff proposed 11 a.m.–9 p.m. weekdays and 11 a.m.–10 p.m. weekends; applicant indicated 10 a.m.–10 p.m. was preferred, but the LPA adopted the staff timing in conditions); amplified performances limited to no more than two performers (no drums); prohibition on loud electronic beep/buzz games; turtle‑lighting and development‑order compliance; and refurbishment of the dumpster enclosure.

On the parking variance (VAR20250047) the LPA voted to grant a variance reducing required parking from 115 spaces to 33, contingent on execution and recording of a shared‑parking/valet agreement under LDC section 34‑2018(c)(3) prior to development‑order issuance. The LPA required: (1) off‑site employee parking (the applicant committed to employee parking off‑site), (2) a valet program available from opening (applicant committed to providing valet as needed), and (3) recorded shared‑parking documentation that will specify the Dolphin Inn surface lot (an existing adjacent parcel owned by related ownership interests) as an initial overflow/valet lot; the LPA asked staff and the applicant to return with a recorded agreement or, if staff cannot approve the agreement, to bring the matter back to the LPA.

The LPA noted that the variance condition will be recorded in Lee County public records at the applicant’s expense per the shared-parking code provision. The board also warned that violations of conditions could render approvals null and void; staff said any material noncompliance would lead to enforcement actions.

Ending: The approvals allow the theater building to be reused as two restaurant concepts with limited, mitigated outdoor entertainment and a temporary, managed parking strategy. Applicants and staff said they will finalize recorded shared-parking and valet arrangements during the development-order review before the project moves to town council for final action.