There’s been a lot of chatter in the Fort Myers Beach community about what steps will be taken by beach residents who oppose the recently approved Seagate Redevelopment project. Here’s what they are planning…
A number of residents believe they were let down by Vice Mayor Jim Atterholt and Council members John King and Karen Woodson for voting in favor of the Seagate project which could include as many as 5 buildings which would all be the biggest ever built on Fort Myers Beach. Fort Myers Beach incorporated back in 1995. The main reason for incorporation was to stop Lee County from approving tall buildings.
The Seagate plan includes two condo towers that could be as high as 17 stories. There are 3 other buildings (all 5 would be on the Bay side) that would be less than 17 stories. The two 17-story buildings will be over 200 feet higher (235 feet total) than what’s allowed by right. The plan includes 137 condo units, 4 single family homes, a restaurant open to the public, a 240 foot view corridor on the beach side of the property, a private pedestrian walkover and a private beach club with availability of local paid memberships. 
Town code allows for any developer to ask for more height and or density they are allowed by right through either a Commercial Planned Development (CPD) or the newer Development Agreements. If that happens, the theory is, that’s when the negotiation begins between the town and the developer who is then supposed to bring public benefits to the negotiating table to be considered for the extra ask.
The Seagate objector group has several gripes with the Town Council (the LPA recommended denial by a vote of 4-2). They do not believe adequate public benefit was provided to warrant the height of the buildings, they do not believe approving the project is in line with the spirit of the Comprehensive Plan and Land Development Code and they do not believe this Town Council is protecting the neighboring community.
The Town Council and LPA met jointly twice since Hurricane Ian. Both times together they voted unanimously to follow the LDC and Comp Plan. And while technically this approval, which was confirmed by the Town Attorney last Monday, does follow the rules, many in the community believed those 2 unanimous votes meant 4 floors over flood with maybe a little more height and or density with an adequate trade in public benefits. They never believed those two meetings meant 5 of the tallest buildings ever to be built on Fort Myers Beach on one piece of property.
It’s unknown exactly how many residents along the entire 7-mile island object to the project. There’s no debating that there’s an organized vocal group vehemently opposed, especially those that live in the neighborhood immediately adjacent to the Red Coconut property. What’s not unknown is that the approval of this project is the biggest story on Fort Myers Beach since Hurricane Ian and before that, the first run at Margaritaville, which was called Grand Resorts before it was toned down.
Since the vote last Monday, there were three ideas being shared on social media and discussed at community events. One was hiring a lawyer and filing a lawsuit against the town, alleging they did not follow their own rules by approving the project. Local resident Chris Patton tried that route against Margaritaville. She lost her bid to stop the resort, which, ironically, many people hold up as the model for going through the process for approval on Fort Myers Beach.
Another option being bandied about is a recall election. Right now, John King and Karen Woodson are the only two council members eligible to be recalled. They have just under two years left on their terms. Elected officials must have served ¼ of their term before they are eligible to be recalled. Mayor Dan Allers, Vice Mayor Jim Atterholt and Councilman Scott Safford were all recently re-elected and have only served one month of their current 4-year terms. A recall petition must be signed by 10% of the registered voters. Once those names are verified, a second petition with 15% of the registered voters must be signed and verified. After those signatures are verified, a recall election is set by the Lee County Board of Elections. If elected officials do not resign during this process, and all signatures are verified, a recall election is called within about 60 days. If a recall is successful a special election is held to fill the seat(s). It’s important to note that recalls are rarely successful and those filing for a recall must cover all the costs.
The third option being considered, and one that appears to be getting the most traction, is an attempt by the objectors to get this current Town Council to reconsider the issue at a future Town Council meeting. The Fort Myers Beach Town Charter has a provision in Article 12 called Initiative and Referendum. That chapter states that 25% of the voters can petition the council to reconsider an adopted ordinance. And, if the Town Council fails to repeal the adopted ordinance without any change in substance, the Town Council must place the repeal of the adopted ordinance on the ballot of the next municipal election as a referendum. The next Fort Myers Beach Town Council election is in 2026, the year the seats occupied now by John King and Karen Woodson will expire.
During the last election there were about 3,100 registered voters on Fort Myers Beach. The objectors would need to get 775 verified signatures to get this Town Council to reconsider it. Those signatures would most likely have to be verified by the Lee County Elections office. If this is the option the group pursues, we may once and for all find out whether the majority of residents on the island are opposed to the project or they are in favor of the project and have just chosen not to be vocal about it. As of the publication of this story, the objector group has an attorney looking into how to properly identify and verify signatures.
The conversation has been heated at the last two Town Council public hearings on the item and it’s been spilling into the community. There has been one verbal altercation with a Town Council member at a beach restaurant over the topic and reports to Beach Talk Radio that council members continue to get nasty e-mails and some are even getting threatening letters. The Mayor has asked residents to tone down the nasty rhetoric in a post on his Facebook page.
Some of you may recall the early days of The Grand Resorts project (now Margaritaville) when it was first proposed. Tom and Mari Torgerson, who live on the island, were receiving the same kind of negative treatment when the project was first proposed. After years of community meetings, redesigns, land donations and other public benefit, the community embraced the project and it was eventually approved by the Town Council. From land acquisition to the ribbon cutting it took Margaritaville 10 years to become a reality. Seagate purchased the Red Coconut property in September of 2023.
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