After a 6 hour public hearing Monday the Fort Myers Beach Town Council voted 5-0 to move a proposed Food Truck Park on Estero Boulevard onto a final public hearing and vote April 7th. The proposed venue has been met with stiff opposition from the neighboring residents and Pelican Watch condo owners.
Fort Myers Beach residents Debbie and Jamie Hotka own the property and Dan Myers would be the General Manager of the business. The plan is to have 5 food truck pads, outdoor seating including right on Estero Boulevard, bike racks, restrooms open to the public during operating business hours (including showers), a paid parking lot with 45 spaces open to the public during operating business hours, a 2500 square foot 2-floor main building that serves beer and wine on the first floor with offices and storage on the 2nd floor. Live music will be in the main open structure which has three sides and faces Estero Boulevard to try to deflect the sound from the neighbors as much as possible.
Homeowners and Pelican Watch condo owners behind the proposed project came out in opposition to the project at the LPA meeting month and again at Monday’s Town Council meeting. They are concerned about loud music, the smell of food and garbage, people parading through their neighborhood to use the public restrooms, traffic going up and down their street and drivers parking on their property. They are not opposed to redeveloping that land, they just believe an open air business like this one does not fit on that spot. They would be in favor of another completely closed in restaurant building. Last month the LPA approved the proposal in a 4-3 vote.
The Town Council approval Monday came with strings attached. Councilman Scott Safford wants to see a solid short-term parking plan for customers that may be stopping just to pick up food and for Door-Dash drivers. Safford’s concern is customers parking on the side streets to avoid having to pay to park on the food truck property.
Vice Mayor Jim Attoerholt said the top concern he heard from the neighbors was amplified music. His yes vote is conditioned upon simplified music being played only 2 days per week for 3 hours on those two days between the hours of 2PM and 8PM. He also wants it codified that the property owners will only hold up to 6 special events, outside their normal business operations, throughout the year.
Councilwoman Karen Woodson wants to see an increased buffer between the Pelican Watch pool fence – which is only feet away from the proposed business. She also agreed with Councilman John King who wants to see the owner reconsider bringing back shade sails – which was in an earlier proposal. Woodson’s concern is what Pelican Watch residents would see when they look out their windows or sitting on their lanai.
The food truck venue team plans to address all of those concerns and bring back a modified plan for the second public hearing.
The Town Council did kick out an LPA recommendation that the property owner file quarterly reports that they are complying with all the town rules and codes. That’s something never been required of any other business. Councilman John King called that proposed condition “the Department of Redundant Redundancy.”
In all the town has attached 28 conditions for approval. However staff admitted some of the conditions were things required anyway, such as making sure they are FEMA compliant.
The second public hearing on the proposal is set for April 7th. If approved, construction could begin in 6 months and is expected to take up to a year.
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It’s been 2.5 years since Ian! Why is TC still encouraging more Food Trucks? Keeping the town stuck instead of forcing real development! Food trucks parks are a fad, temporary, and parking lots bring in more traffic we all know we don’t need! Another bad decision … especially for those neighbors!! Tourists don’t come here for food trucks, they come here for the beach and unique bars/restaurants, i.e., SOB’s, nervous nellies, The Whale! Those places are rebuilding the island and giving tourists what they really come here for!
Thank you to those who support us as homeowners and residents. Collectively, we have attended two LPA meetings and a seven-hour council meeting to voice our valid and legal concerns over this rezoning and proposed CPD change to allow a Food Truck Park.
As neighbors and property owners, we have researched the project and rezoning request, including current laws, ordinances, comprehensive plan policies, and challenges. We have provided the LPA and Council with evidence, statistics, and expert in-person presentations.
For a project of this size to negatively impact our neighborhood community, having to comply with approx 30 conditions and 6 deviations, and adding no financial impact to the island and its rebuilding, we hoped Council would realize that this proposal and zoning change request is not in compliance.
It completely violates codes, ordinances, policies, and goals set by the Comprehensive Plan and more.
It is black and white.
We find it frustrating that collectively as property owners must prepare information and research, hire experts, and attend multiple meetings with the LPA and council when it is clearly and unequivocally in violation.
This fact alone should have stopped this whole process.
COMPREHENSIVE PLAN – Building Structure and Business Opportunities of Comprehensive Plan in the CIVIC COMPLEX of Island.
It directly states, “The Town shall protect residential neighborhoods from intrusive commercial activities.”
Indeed, is there any more to be said?
“The Town shall protect residential neighborhoods from intrusive commercial activities.” It is written and approved in the Comprehensive plan.
Even with changes to the initial proposal, our concerns continue to lie in:
Zoning request violates Comprehensive Plan, Ordinances, and Policies
Zoning request violates Commercial Development and Zoning Policies
Project request violates Laws, Ordinances, and Codes for Uses and Structures For Commercial Purposes
Project’s financial impact will be devastating to property owners and FMB
LPA Meetings and Outcome
Our concerns and objections also include:
Odor nuisance
Garbage nuisance
Parking nuisance
Trespassing nuisance
Lighting nuisance
Traffic nuisance
Pest nuisance
Public nuisance
Safety Issues: sewage, grease traps, water run-off
Even with a 4 – 3 vote from the LPA , these comments were made by members of the LPA:
“Inconsistent with goals and objectives of the comprehensive plan, the neighborhood and its commercial intrusion into the neighborhood.” – LPA Member January 9th meeting
“It is the wrong place,” “There are too many issues.” – LPA Member January 9th meeting
“Inappropriate site to relieve the Applicant’s cash flow.” – LPA Member January 9th meeting
And finally…
“We are not bringing Times Square into the neighborhood.” – Applicant.
Yes, in fact, you are.
Parking, food, music, alcohol, showers, bathrooms, and refuse containers. Yes, you are creating a public Times Square into a neighborhood.
My husband and I own the property that abuts this project. DIRECTLY. Our plans to rebuild are in the finalization process to be approved. Our next-door neighbors, who are directly abut this project, have begun building. Our neighbors across from the project have also started building.
Our streets (cottage-chapel) cannot handle the traffic and congestion. It is not rocket science, it is fact. The beach access on Cottage does not have parking. The Beach access on Mango does have 4-5 spots and a parking lot. If you research, beach access points on the island have on average 2-5 parking spots this project will create close to 45 parking spots.
We just want everyone who reads this to try and understand our points and our rights as residents and property owners who have been on the island for decades, one of us owning multiple lots for over 50 years!
We are not against reasonable development, but vehemently against the proposed options, however, mostly the zoning change. The actions of this Council during their limited time as members, in changing this zoning, affect our neighborhood forever.
I’ve lived here since the 50’s, built homes (not condos) and raised a family. It’s been sad to watch TRASH creeping onto the island all this time, and we feel we’re held captive in our own homes by the traffic and crowding around times square. I’ve seen other Florida sites go downhill the way the beach might be headed. LPA members are appointed by Town Council, and Town Council is voted in by the public. Beware of who you vote for. You might be voting in the folks who will bring you the plight the good folks in this column reset.
RESENT………………………..typo
Agree Steve! Problem is many of the existing LPA members move on to be elected to Town Council. Camaraderie and co-mingling create bias and that appears to be what we are seeing today, bias attitudes bordering on unethical business practices. Completely glossing over areas of the Comprehensive Plan when it doesn’t fit their agenda. Residents and their rights have become the “sacrificial lamb”!
Food trucks, live music, restrooms and showers…these would be great and would fit with the crowd and activity near Times Square and the Crescent/Lynn Hall parks. But in the residential area? No way. There should be mandatory setback footage so commercial stuff cannot be built practically on top of residences! I thought the Town Council considering motorized vehicles on sidewalks was BIZARRE. This is worse. What’s next up for their consideration??? A nuclear waste dump???
I have read the comments on this thread, and thank you to those who support us as homeowners and residents. Collectively, we have attended two LPA meetings and a seven-hour council meeting to voice our valid and legal concerns over this rezoning and proposed CPD change to allow a Food Truck Park.
As neighbors and property owners, we have researched the project and rezoning request, including current laws, ordinances, comprehensive plan policies, and challenges. We have provided the LPA and Council with evidence, statistics, and expert in-person presentations.
For a project of this size to negatively impact our neighborhood community, having to comply with approx 30 conditions and 6 deviations, and adding no financial impact to the island and its rebuilding, we hoped Council would realize that this proposal and zoning change request is not in compliance.
It completely violates codes, ordinances, policies, and goals set by the Comprehensive Plan and more.
It is black and white.
We find it frustrating that collectively as property owners must prepare information and research, hire experts, and attend multiple meetings with the LPA and council when it is clearly and unequivocally in violation.
This fact alone should have stopped this whole process.
COMPREHENSIVE PLAN – Building Structure and Business Opportunities of Comprehensive Plan in the CIVIC COMPLEX of Island.
It directly states, “The Town shall protect residential neighborhoods from intrusive commercial activities.”
Indeed, is there any more to be said?
“The Town shall protect residential neighborhoods from intrusive commercial activities.” It is written and approved in the Comprehensive plan.
Even with changes to the initial proposal, our concerns continue to lie in:
Zoning request violates Comprehensive Plan, Ordinances, and Policies
Zoning request violates Commercial Development and Zoning Policies
Project request violates Laws, Ordinances, and Codes for Uses and Structures For Commercial Purposes
Project’s financial impact will be devastating to property owners and FMB
LPA Meetings and Outcome
Our concerns and objections also include:
Odor nuisance
Garbage nuisance
Parking nuisance
Trespassing nuisance
Lighting nuisance
Traffic nuisance
Pest nuisance
Public nuisance
Safety Issues: sewage, grease traps, water run-off
Even with a 4 – 3 vote from the LPA , these comments were made by members of the LPA:
“Inconsistent with goals and objectives of the comprehensive plan, the neighborhood and its commercial intrusion into the neighborhood.” – LPA Member January 9th meeting
“It is the wrong place,” “There are too many issues.” – LPA Member January 9th meeting
“Inappropriate site to relieve the Applicant’s cash flow.” – LPA Member January 9th meeting
And finally…
“We are not bringing Times Square into the neighborhood.” – Applicant.
Yes, in fact, you are.
Parking, food, music, alcohol, showers, bathrooms, and refuse containers. Yes, you are creating a public Times Square into a neighborhood.
My husband and I own the property that abuts this project. DIRECTLY. Our plans to rebuild are in the finalization process to be approved. Our next-door neighbors, who are directly abut this project, have begun building. Our neighbors across from the project have also started building.
Our streets (cottage-chapel) cannot handle the traffic and congestion. It is not rocket science, it is fact. The beach access on Cottage does not have parking. The Beach access on Mango does have 4-5 spots and a parking lot. If you research, beach access points on the island have on average 2-5 parking spots this project will create close to 45 parking spots.
We just want everyone who reads this to try and understand our points and our rights as residents and property owners who have been on the island for decades, one of us owning multiple lots for over 50 years!
We are not against reasonable development, but vehemently against the proposed options, however, mostly the zoning change. The actions of this Council during their limited time as members, in changing this zoning, affect our neighborhood forever.
Thank you Kelly
You are very very welcome Pat!
This all makes us very sad.
Very well said, Kelly. You make some excellent points. Other residential neighborhoods should take note. Developers like these, whose only interest in Fort Myers Beach is the almighty dollar, are swooping in. If the LPA and town council allow this here, it can happen anywhere. The people who actually own homes and live on this island have no voice. It’s obvious the local government’s main focus is money.
Blatant commercial intrusion at it’s finest folks. The two white buildings shown are residential homes!! Developer purchased two other residential lots and wants them rezoned for this Food Truck Park and a Paid Parking lot that will hold 45 vehicles … yep, bringing in more cars! This is nothing more than a land grab by the developer! What’s even worse is its being allowed and supported by the LPA and Town Council! Comprehensive Plan compliance is a complete joke when you see things like this being allowed! Such blatant bias shown towards the developer!! Sadly, I’ve come to believe what so many other residents are saying on the island today, “The town does not care about it’s residents rights at all anymore, it’s all about commercial development.” Doesn’t matter what it is or where its located!! Move aside residential investors, your investments and property taxes don’t matter here anymore! Bring on more Food Trucks, amplified music and alcohol and we’ll happily slap it in your backyard … as long as it’s not mine!
I’ve heard people say, FMB is headed to be the next Miami, I disagree … it’s headed to become the Food Truck Capital of the World! Come on down and get your hot dogs, tacos and fried food!!
I go to Fort Myers Beach for the food trucks!
Said no one. Ever.
Why don’t they just flip flop / mirror the design over to the NE corner of the lot rather than the SE corner. It moves the facility as far away from the condos as possible,still directs noise into the street, gives a nice flow from one end of the parking lot to the other, and allows for a much differemt sound barrier to be installed on the South end and SW corner
This past Saturday Chapel St was lined with cars overflowing from Mom’s parking lot. This is no indictment of Mom’s. When we multiply that by 5 there will be a big backup on Chapel. The easier route will be to drive under Pelican Watch and out the South side. If this happens the developer should be made to install a lift gate with key fobs to close off the end of Cottage to “through traffic”.
And did you notice that the two white buildings (residential homes) in the rendering have NO windows?
I’m sure they will want to do this as they are trying to be really good neighbors and sensitive to the intrusion they have caused. It would be the least they could do…..
This should be a wakeup call for the entire island. The Town Council didn’t give a second thought to allowing this developer who bought up a residential lot that was adjacent to a commercial property for the soul purpose of having it rezoned so that they can expand and intrude further into that neighborhood. More developers will see the ease of this and begin to purchase more and more vacant residential lots and expand the commercial properties to the full extent on the island and push the residential areas to the bare minimum.
The council has set a precedent with this decision and given further proof that their future vision for Fort Myers Beach is to become nothing, but a constant string of bar crawl stops (bars and quick eat stops) for tourists and Spring Breakers. With the way the council is currently voting things through, this should become a reality within the next 5 – 10 years. We might as well just rename the Island to “Little Miami” now and save the headache for later.
While the staff representative showed blatant favoritism for the applicant(s) and their planned proposal (curious to know if she’s related to the family or just a very good friend), the council showed yet again that they are more focused on dollar signs than their constituents/neighbors’ homes and delivered yet more broken promises.
Most places that have live music on the weekends have 2 sets, 1 to 4 and 5 to 8.
Music can be a draw as people are biking or walking by. If only allowed 1 set, that may be limiting to the owners. I personally look forward to a fun place to go in the neighborhood!
Music under your house and constant through your windows can also be a health hazard! How about we put it in your back yard and we’ll all be over to your place for a fun time in the neighborhood!
Yes, but you like to be there 24/7 like the neighbors will be?
This is a very intrusive development for a mainly residential area. The bathrooms are close to PW pool and right under a new home. Why can’t they move public restrooms to the corner closer to the street that won’t impact neighbors. The mock up leaves much to be desired. They show mature trees as a buffer but trees take a long time to get that large. Cottage St is a narrow dead end street and there is no where to turn around without going onto private land. Those that are in favor need to think hard about how they would like this next to their homes. Who do you call when noise, smell, trespassers etc. encroach on your living space?
Nothing stops restaurant development like a food truck park.
More consideration should be given to the people who live in the area…live music. Do you really need that at a food court..wine and beer.sounds more like a bar atmosphere. To make more money for the owners….
More traffic
Would love to see this happen, music should be every day and they already is a music ordinance for sound levels.
well, Dapper, you should just move in right next to it and you’d be all set!
Actually. Karen agreed with my desire to see the shade sails return for aesthetics and to possibly reduce sound. Also, I called it the Department of Redundant Redundancy