Friends and Neighbors
London Bay Development Proposal – Community Concerns
There is no such thing as a “minor” change to the Comprehensive Plan. What London Bay is requesting is a dramatic and unprecedented increase to the allowed Floor Area Ratio (FAR)—from 1.5 to well over 3.0. Even that figure remains unclear, as the proposal does not fully define the true scope of the increase. FAR is the primary tool used to control development intensity and density. More than doubling it would fundamentally change the scale of development on Fort Myers Beach.
This is especially concerning given that the Town has historically maintained limits to keep infrastructure aligned with pre-hurricane build-back levels. This proposal would push density far beyond those limits.
Let’s be clear: no one is preventing the developer from rebuilding today under existing rules. The property could already be under construction. Instead, it has remained idle for two years while the developer prepared a much larger, more intensive proposal. With recent political changes and upcoming elections, this appears to be a narrow window to secure approvals before the community can fully respond.
This is not about rebuilding. This is about redefining the future of the island.
Scale and Intensity of the Proposal
Under current regulations, the developer is allowed to build to 30 feet above flood elevation—roughly three stories. The current proposal seeks buildings up to 177 feet tall (approximately 15 stories).
This is not an incremental change—it is a complete departure from what has been planned and permitted.
The original Outrigger property allowed:
- 144 hotel rooms
The proposed development includes:
- 150 hotel rooms + 46 condominiums (196 total units)
- ~36% increase in residential intensity
- An additional 30,000 square feet of commercial space
- Total development increasing from 231,957 sq ft to 463,941 sq ft
Town staff has already noted this will place increased demands on infrastructure, including traffic, water, and stormwater systems.
Height and Neighborhood Impact
Buildings of this height will not exist in isolation. They will:
- Loom over nearby residential neighborhoods
- Alter views and community character
- Expand high-rise development into areas where it has not historically existed
The Comprehensive Plan allows increased height only when surrounded by similar structures. That is not the case here—the nearest comparable building is approximately a quarter mile away.
Approving this proposal sets a precedent. Once granted, it becomes the new standard. The next property will seek the same height, and the one after that. The character of Fort Myers Beach would be permanently altered.
Expansion into the Environmental Conservation (EC) Zone
The proposal also seeks to:
- Build a new beach bar (chickee hut) in the EC zone
- Expand alcohol service (“consumption on premises”) across ~2.5 acres of beach
Town staff has raised serious concerns:
- Alcohol service is not permitted in the EC zone by right
- Code limits expansion to roughly 5,000 sq ft, not multiple acres
- The proposed use is more intensive than what existed previously
- The EC zone is intended to protect dunes, wildlife, and natural resources
Potential impacts include:
- Damage to dunes and vegetation
- Increased litter
- Disruption to wildlife, including protected species
Staff has also noted this is not simply a rebuild, but a new and more intensive use that does not meet the intent of post-hurricane reconstruction policies.
Variances Requested
The proposal includes 12 variances, with several major impacts:
- Parking – 38% reduction in required spaces
- FAR Increase – more than doubling density
- Height – from ~3 stories to ~15 stories
- Setbacks – reduced buffers, encroaching on adjacent properties
These are not minor adjustments—they are fundamental departures from established standards.
Questionable “Public Benefits”
The developer cites several public benefits, but each comes with significant limitations:
- “Linear Park” walkway
- Not deeded to the Town—only an easement
- Controlled by the property owner (including hours)
- Not available until project completion (~2032)
- Counts toward the developer’s FAR
- Potential liability concerns for the Town
- Public restaurant access
- No guarantee of affordability or accessibility
- May rely on valet-only parking
- Operation is not guaranteed long-term
- Public restrooms, beach bar, water taxi
- None are guaranteed
- All subject to future approvals and agreements
- Not permanent or enforceable public benefits
Economic Reality
Town staff has stated that Fort Myers Beach is in a stable financial position, and this development is not critical to the Town’s financial future.
Bottom Line
The Comprehensive Plan is clear:
Development must:
- Be compatible with surrounding residential areas
- Protect environmental resources
- Contribute meaningfully to the public realm
- Align with the Town’s long-term vision
This proposal does none of those things.
A Defining Moment
This is a pivotal decision. Approving this level of intensity, height, and environmental impact will set a precedent that cannot be reversed.
Once built, it is permanent.
Residents must decide whether this proposal reflects the future they want for Fort Myers Beach—or whether it opens the door to overdevelopment that fundamentally changes the island forever.
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ABOUT US
We formed ProtectFMB to support your rights. Our purpose is to encourage responsible development on our island.
ProtectFMB is not anti-development. We love this island and want to see her come back better than ever. What we do want though is responsible development that does not violate the Comprehensive Plan. We took action on the Seagate project because it does just that. The Comp Plan allows for developers to ask for more than what they can have by right. There is a trade off for that ask referred to as “Public Benefit”. The “public benefits” offered by Seagate are not add-on items to benefit anyone. With the exception of public access to restrooms, they are things that the developer would have had to do anyway. So, we took action. We would like to explain the action we took.
We did not “file a lawsuit”. What we did was hire an attorney to help us find a way to bring the project back to council for reconsideration. We want to see more public input and less towers. What we were counseled to do was file a “Writ of Certiorari”. Certiorari is a court process to seek judicial review of a decision of a lower court or government agency. When the Town Council votes to approve a project, it is a quasi-judicial action. As the town attorney explains before each case, it is neither Legislative nor Administrative, but somewhere in between. Quasi is Latin for “as if”. Quasi-judicial therefore, is “as if a court”. Quasi-judicial decisions involve the application of rules and policies to the facts of a particular development proposal. Essentially, they (Town Council) are a legal body making a decision of law. A Writ of Certiorari asks a higher court to look at the action taken and review it.
We filed the Writ of Certiorari on March 5, 2025. The next steps are a response from The Town of FMB and Judicial review. We will keep you apprised as things progress.
We are always happy to answer your questions. Do not hesitate to contact any of us with any questions you may have.
Laurie, for ProtectFMB
A Copy of the Writ of Certiorari filed with the courts
Protect FMB’s Legal Reply to Seagate’s Response (09/10/2025):
A conversation between Greg and Bill regarding the Seagate project
A quick recording of “bought the sky”, written by Bill Veach about the effect of the irresponsible development.