Judge rules against residents in Seagate case

Lee County Circuit Court Judge Michael McHugh issued a ruling this morning which denied the writ of certiorari sought by a group of Fort Myers Beach residents challenging the Town of Fort Myers Beach Council’s approval of the Seagate Development Group condo tower project. McHugh found that the development agreement between the town and Seagate followed procedures the town council had voted to unanimously approve concerning the approval of development agreements in the town. The town council had voted unanimously a month before Seagate’s approval to update its development agreement process. McHugh found that the town’s development agreement process allowed for the town council to provide the deviation from the town code’s height restrictions.

The Town of Fort Myers Beach Council first approved the new development agreement process in April of 2024, which set forth procedures for the application and approval of home rule development agreements which provide deviations from town code. The council then unanimously voted in November, a month before it approved the Seagate project, to approve an update to the development agreement process. The update to the development agreement process, among other things, requires a recommendation from the town manager. That recommendation for the Seagate project was given by former Town of Fort Myers Beach Manager Andy Hyatt.

McHugh found that the town council’s development agreement process “grants Town Council final decisionmaking authority over whether to approve the development agreement and on what terms.”

The Town of Fort Myers Beach Council voted 3-2 in December of 2024 to approve the development agreement with Seagate Development Group for their condo tower, which allows them to build 141 units on the bay side of Estero Boulevard, and to build a private beach club on the Gulf side of Estero Boulevard, along with a skyway. The approvals allow for multiple condo towers on site, with the tallest reaching 17 stories.

Seagate acquired the former Red Coconut RV property in 2023 for $52 million. Seagate recently listed the 10.72 acre property for sale.

The writ of certiorari was brought by a group of residents who live near the site. Protect FMB, a group of concerned Fort Myers Beach residents who mobilized after the town council’s approval for Seagate, financially backed the legal maneuver to challenge the approval. The opponents argue that the tallest condo tower on the site will reach roughly 255 feet high and be the largest building on the island.

The group’s filing alleged that no town council had ever previously approved a development agreement in the town until Seagate’s approval. The town council had begun discussions regarding a new development agreement process for developers after Hurricane Ian as a way that could more easily allow developments without going through a more technical process such as a Comprehensive Plan amendment, for projects that required deviations from town code.

In his ruling, McHugh wrote that the updated development agreement process “authorizes the Town to negotiate and enter development agreements that allow for approval of amendments, modifications, deviations, variances or exceptions from the Town’s Land Development Code” including “relief from the building height limitations in the Comprehensive Plan.”

McHugh also denied a claim from the residents that their due process rights were violated. McHugh cited the public hearings that were held by the Town of Fort Myers Beach Council and Local Planning Agency.

A slide presentation from Seagate Development Group for the deviations they needed from town council for their 17-story, multi-building condo development project.

Tom Brady, president of Protect FMB, said “We are disappointed with the judge’s order issued today and will be reviewing all available options for a post-opinion motion.”

Brady thanked Fort Myers Beach community members who have supported the group’s legal efforts.

“We support responsible development. However, we remain unwavering in our opposition to the Seagate development and to any massive development that threatens the character, scale, and quality of life in the neighborhoods of Fort Myers Beach,” Brady said. “If built according to the current plan, the Seagate project will stand as a monument to the rogue council members who ignored the will of the voters, as reflected in the recent recall election.”

Seagate Development Group CEO Matt Price could not be immediately reached for comment.

This story will be updated

Fort Myers Beach Observer Editor Nathan Mayberg can be reached at NMayberg@breezenewspapers.com