Lee County hearing examiner recommends record for Safe Harbor marina rezoning after staff backs approval with conditions

Lee County hearing examiner Amanda Rivera heard a rezoning request on Jan. 8, 2026, for about 7.27 acres in North Fort Myers that would allow a commercial marina, related retail and a 10,000‑square‑foot restaurant. The applicant, represented by Matthew Spieth of Spieth Engineering, asked to consolidate zoning to Commercial Plan Development (CPD) for a Safe Harbor marina project that the team said would include 283 boat slips (44 wet, 239 dry) and new commercial square footage.

The hearing mattered because staff recommended approval with conditions and several code deviations that directly affect neighborhood buffering, building height and roadway design. "Staff recommends approval of the request as conditioned," said Nick DiFilippo, senior planner, after reviewing LEAP plan consistency, the water‑dependent overlay and environmental protections including the Manatee Protection Plan and existing FDEP conservation easements.

Spieth told the examiner the applicants have worked with county staff and the community for more than two years and provided multiple plan iterations and public meetings. "We've filed this application to rezone the 7.3 acres," he said, summarizing the project program of dry storage, a harbor master/shop building and the restaurant space open to the public, while the boating operations and dry storage would be membership‑based. Jared Rogers, senior vice president for Safe Harbor, confirmed membership would be paid but open to the public.

Key details in staff's recommendation include approval of deviations from internal parking landscaping (to preserve a contingency area for boat triage), variable perimeter buffer widths with enhanced plantings, a limited increase in the dry‑storage building height, and a narrower water‑body setback for some structures tied to the site's existing configuration and conservation easement. DiFilippo noted staff's recommended conditions would require buffer trees at a 16‑foot height (code requires 10 feet) and double hedge rows in many locations to mitigate perceived massing and visibility.

Traffic and access were discussed: the project would use a single access on Inlet Drive. The applicant proposes limited road work — mill and resurface with local widening to achieve a consistent 20‑foot paved roadway and a sidewalk on one side — to avoid creating a commercial thoroughfare through the neighborhood. The applicant described the proposed boat‑barn launch operations as largely limited to member use and explained that a ground‑mounted electric crane system would be used in the boat barn to compactly stack and launch boats.

Nearby residents raised practical concerns during public comment about noticing, buffering against headlights and noise from extended outdoor seating hours. "How many letters went out to people or what determined who you sent the letters to?" asked one resident; staff replied that mailed notices follow Lee County LDC Sec. 34‑202 and typically extend 500 feet from the site's perimeter. A neighbor asked about the proposed outdoor seating hours (shown in the recommended conditions as 10 a.m. to midnight) and potential amplified sound; staff said the recommended conditions limit live entertainment and place safeguards on amplified sound.

Applicant closing remarks clarified a requested 0‑foot buffer in front of two residences on Inlet Drive: the applicants said that configuration preserves existing front yards and driveway access and that the homeowners were coordinated with on that point. Staff confirmed that many deviations were recommended for approval subject to the enhanced buffering and other conditions listed in the staff report.

The hearing was advisory: Rivera said she will issue a written recommendation to the board (the hearing on Jan. 8 is not the final board decision). "I will be issuing a recommendation to the board," Rivera said, and the examiner told anyone who spoke they would receive a copy of her recommendation and the date the matter will go before the board once the recommendation is issued. No final vote occurred at the Jan. 8 hearing; the board will consider the examiner's recommendation at a later public meeting.