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Fort Myers Beach council unanimously approves land‑use changes, development agreement and dune‑related contracts

Fort Myers Beach Town Council · December 16, 2025

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Summary

The council unanimously approved a set of land‑use actions and administrative contracts Dec. 15, including a variance to restore an 8‑foot dune walkover, two CPD amendments allowing additional signage and outdoor alcohol consumption, adoption of a development agreement for Old San Carlos Boulevard, and contract changes to complete dune plantings and survey work.

Fort Myers Beach — The Town Council on Dec. 15 approved multiple land‑use and procurement items, voting unanimously on a series of ordinances, a development agreement and contract actions intended to support Times Square redevelopment and coastal restoration efforts.

At the start of the public‑hearing docket the council adopted Resolution 25‑333, granting Variance 2025‑0261 to allow an 8‑foot dune walkover at public beach access No. 41 (252 Estero Boulevard). Town staff and the applicant’s engineer said the replacement is intended to match a pre‑storm footprint and will use FEMA funding; staff recommended approval with conditions that require coordination with environmental staff and monitoring if work occurs during turtle season.

Council also approved Ordinance 25‑21, an amendment to a commercially planned development (CPD) at 1668 I Street allowing three signs totaling 108 square feet where one 32‑square‑foot sign is permitted. The applicant reported prior unanimous approval by the Local Planning Agency (LPA) and agreement to comply with conditions regarding architectural compatibility and turtle‑friendly lighting.

On a separate CPD matter, the council adopted Ordinance 25‑22 on second reading to permit outdoor consumption of alcoholic beverages associated with hotel and restaurant uses at properties along School Street and Estero Boulevard. Staff and councilors revised conditions that address hours and sound; the final language requires the property owner to lower music upon notice from a representative of adjacent school property if the sound disrupts school use and exceeds town noise‑code levels.

The council also adopted Ordinance 25‑19, a home‑rule development agreement for property at 50 Old San Carlos Boulevard (the former Kilwin’s site) that allows ground‑floor commercial space and a single‑family unit above. The agreement includes deviations for setbacks and floor‑area ratio and now contains a sentence that memorializes the developer’s willingness to bear a proportionate share of costs should the town establish a municipal service taxing unit (MSTU) or similar mechanism to fund a future wave‑mitigation wall.

On administrative items the council: awarded RFP‑26‑01‑PW to Tidewater Landscape for landscaping and irrigation repairs; approved change order #2 to ITB‑25‑02‑EN with Earth Balance Corporation to add 120 days and $500,000 (raising the contract to a not‑to‑exceed $1,105,579.50) to complete dune plantings; and authorized task order #2 under RFQ‑2406 with Coastal Engineering Consultants Inc. for survey services ($69,900). Staff said the dune plantings and surveying are eligible for reimbursement under the town’s LAP grant (D1502).

All motions recorded on the agenda carried by unanimous votes.

What’s next: Several of these land‑use approvals included conditions that require staff coordination (noise monitoring, environmental oversight and site‑plan adherence). The Buffalo Grill request to permit ongoing live music at 1021 Estero Boulevard, which drew public concern from nearby business owners, was referred back to the Local Planning Agency for fuller review and public notice.