Council approves Pink Shell rezoning with development-agreement condition

Fort Myers Beach — The Town Council on Feb. 3 approved a CPD rezoning for the Pink Shell Resort that allows a new six-story, 40-unit boutique hotel and related changes to setbacks, height and unit conversion rules, conditioned on a development agreement that will spell out promised public benefits and timing commitments. The council voted 4–0, with Mayor Allers recorded as abstaining.

The council approved the ordinance after public hearings and technical testimony from town planners and the applicant’s project team. Community Development Planner Sarah Probst summarized the request, saying the CPD covers about 6.02 acres and would add a 40-unit hotel, two standalone guest units and two additional rooms in the existing White Sands building. The applicant asked for several deviations from the Land Development Code, including reduced side and rear setbacks, a height increase to 60 feet above base flood elevation, and an intensity/density substitution allowing hotel units in place of dwelling units.

Applicant counsel Amy Taboe and project representatives described a package of public and special benefits they proposed to accompany approval, and said they and staff had agreed those benefits would be memorialized in a development agreement rather than as zoning conditions because some promised activities are business practices not enforceable through zoning. Proposed benefits that the applicant said they would commit to in the development agreement included continuing a Bayside boardwalk/walkway and park improvements, a boat mooring-field pump-out service, stormwater easement protections, employee shuttle/vans and a no-cost water-ferry slip for a potential public-private ferry service.

Town staff and the applicant presented a draft public- and special-benefits framework that staff said would be turned into a development agreement after rezoning. Staff recommended approval with conditions; planners noted that the CPD, as drafted, meets the code standards subject to the deviations requested and the listed conditions. Multiple neighboring property representatives and residents spoke during the hearing, raising concerns about height, setbacks, density and whether previously promised improvements had been completed. Applicant representatives said some past commitments were damaged by Hurricane Ian and that the CPD and development agreement would formalize improved and expanded public benefits.

Council discussion focused on timing and enforceability. Council members said they supported the rezoning but wanted the development agreement to set explicit timelines and enforcement provisions so public benefits would be delivered. Councilor Safford moved the ordinance with the added condition that a development agreement be negotiated and executed; Councilor Woodson seconded. The vote recorded Councilor Safford: yes; Councilor Woodson: yes; Vice Mayor Aderholt: yes; Councilor King: yes; Mayor Allers: abstain. The motion carried 4–0.

What’s next: Staff and the applicant will negotiate the development agreement language and return to the council for final execution and any related approvals required to implement the public benefits and construction timeline.