LPA Votes to Deny New Pink Shell Resort

After being tabled for one month to allow town staff to review additional documents, the Fort Myers Beach Local Planning Agency recommended the Town Council deny a new 40-unit Pink Shell Resort. The Town Council will get a crack at the project in January.

The Pink Shell team went before the LPA to make several upgrades to the resort. The biggest item was a request to build a new 40-unit, 6-story boutique resort on the Bay side of Estero Boulevard on the Bowditch Park side of the dilapidated house (the owner of that house is also proposing to build a boutique resort). The property The Pink Shell owns had tennis courts on the property and is located directly across the street from Vacation Villas.

There was a bit of a twist in this story since we wrote about it last month. It appeared, up until this week, everyone believed The Pink Shell had no density remaining to build on the Bayside of Estero after a rezone years ago where they asked for – and received – more density to build more units on the beach side. LPA Vice Chair Jane Plummer said, “There were promises that were made to keep it tennis courts, parking, a walkway, open views, and green space. That was promised forever.”

Community Development Director Sarah Probst said she researched the covenants on file and it did not include the tennis courts/parking lot area. It only included the property on the other side of the dilapidated house, closer to the marina. She said, “The covenant restriction that was adopted does not appear it was intended to include that other piece of property. I can’t find any reference that the density transfer included the tennis court property”

Years ago the town passed a resolution that covered 3.2 acres of Bayside property that The Pink Shell could not develop after the density transfer. Nobody knows where that 3.2 acre number came from because all the land The Pink Shell owns on the Bayside only adds to about 2 acres total (see picture below) which also leads Plummer to believe the density transfer included the property closer to Bowditch.
Staff recommended denial for two reasons. They say the building is not consistent with the height of other buildings in the area (see picture below) and there was no good way to evaluate the equivalency factor the Pink Shell used to get to 40 units. According to the town code developers can convert living units to hotel rooms with a 1 to 2.5 multiplier, depending on where the property is located. The multiplier for the new Pink Shell resort is 6.7.
The meeting included several twists. Estero Island Beach Villas, which is on the south side of The Pink Shell resort has hired an attorney to intervene and has threatened a lawsuit against the town if the project is approved. Richard Dewitt, representing Estero Island Beach Villas said the Pink Shell proposal is fatally flawed. “I have not seen one project so inconsistent with a Comp Plan. There will be a review in court down the line.” Dewitt objected to the Equivalency Factor The Pink Shell was asking for, among other things. He said the Villas owners are not against development on that property but this is not the right plan.

Another odd occurrence at the LPA meeting came during public comment. Fort Myers Beach Operations and Compliance Manager Frankie Kropacek spoke at public comment for The Pink Shell. He discussed how The Pink Shell is a good neighbor to the Fort Myers Beach community. The resort helps with the town’s pump out boat at no charge to residents. It’s the first time anyone can recall a town employee speaking at public comment in favor of an applicant. Especially, being that town staff recommended denial of the project.

LPA member Jim Boan said over all the years he’s been on the LPA this was the most difficult decision he’s had to make. He said he’s vacillated back and forth on this project. “The staff denials were objective denials. When I balance the request, which isn’t perfect, the public benefits the town is receiving justify the request.”

Vice Chair Jane Plummer said most of the 20 e-mails received were not supportive of the project. “I cannot support this based on the fact that I sat in the room when it was decided there were no buildable rights there. All density was transferred across the street. I’m sorry. I love The Pink Shell but this has already been transferred.”

LPA member Jim Boan made a motion to approve the project which failed by a vote of 4-2 with Jim Dunlap voting also yes. John McLean then made a motion to deny the project which Boan tried to abstain from until the town attorney told him he had to vote. The vote to deny was approved by a vote of 4-2. Chair Anita Cereceda had an excused absence.

The proposal will now go on to the Town Council in January for a vote where new development projects have been received more warmly than the LPA. Mayor Dan Allers will most likely abstain from the vote because he does business with The Pink Shell through  his Golf Cart company.

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