Fort Myers Beach Planning Faces Scrutiny Over Windham Property and Temporary Use Authority

The Fort Myers Beach Local Planning Agency convened on March 10, 2026, with attention devoted to the concerns surrounding the Windham property’s development and the authority to approve temporary uses.

A central focus of the meeting was the public’s unease with the proposed development on the Windham property, notably regarding the planned 269 parking spaces and the lack of community input. The agency members received numerous questions from constituents worried that the development might move forward without adequate public consultation. Concerns were raised about potential issues such as lighting, waste management, traffic safety, and the already problematic Lenel Street intersection.

Jason Smallley, a senior planner, clarified that the initial step in the development process would be the application for a Development Agreement (DA), which formalizes the rights and responsibilities associated with the development. This DA would eventually be reviewed by the town council, providing an opportunity for public commentary. However, a temporary use application had already been submitted by the developers, which would allow certain uses of the property before the DA’s finalization. Smallley explained that this might include operational trailers for amenities like bathrooms and food services, which led to fears about the scale and impact of these operations on the surrounding community.

The question of whether the temporary use would be designated for beach access or solely for temporary operations raised further concerns. The potential for overflow parking and its impact on local traffic, especially near residential condominiums, was a significant worry. One member queried how the temporary use could be approved without community involvement, reflecting broader frustrations about the public being bypassed in a process that could affect their quality of life.

Smallley emphasized that the town manager, not the LPA or its staff, held the responsibility for approving temporary use applications. This limited influence left some members frustrated, prompting one to suggest that understanding the criteria for such approvals might help alleviate community concerns and build trust in the process. The meeting concluded that there was a pressing need for improved communication and transparency regarding both temporary uses and the long-term plans for the Windham property.

In another discussion, members raised concerns over the provisions in local codes regarding temporary uses. A point of contention was the authority vested in the town manager to authorize these uses without sufficient oversight, which some feared could lead to unanticipated problems. One member’s remark that “this is going to blow up” illustrated the anxiety over potential systemic issues resulting from this lack of regulation.

The dialogue touched on the distinction between temporary sales, like seasonal events, and temporary placement permits, which emerged post-Hurricane Ian. The ambiguity in the code and the differentiation between temporary uses and emergency temporary placement permits complicated the situation further. Members debated whether the town council had previously directed against establishing more temporary uses, noting some agreement but also acknowledging the code’s complexity.

The meeting also addressed the procedural aspects of temporary uses, questioning whether existing permits contained conditions that would void them if related building projects did not materialize.

The negotiation process of Development Agreements (DAs) was another point of concern. Some participants cautioned that the ordinance allows applicants to present DAs without indicating any negotiation breakdowns, potentially misleading the public into believing all parties are in agreement. This highlighted the need for transparency to ensure community concerns are adequately addressed.

Finally, the meeting discussed the scheduling of upcoming sessions and the updates on the vacant seat on the Local Planning Agency. The deadline for applications was set for March 19th, with plans to address candidates at the April 6th meeting. With only one application submitted by Ed Skoonover, there was a suggestion to confirm his availability for the meeting on the 21st if appointed.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Dan Allers
Planning Board Officials:
Douglas Eckmann, Jane Plummer (Vice Chair), Don Sudduth, Anita Cereceda (Chair), John McLean, James “Jim” Dunlap, James Boan

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