David Tezak and his mother Helen have filed a 49-page complaint with the 20th Judicial Circuit Court in Lee County to try to stop the construction of a Food Truck Park on Estero Boulevard. The Tezaks live on Chapel Street which is located behind the proposed park.
The complaint names the Town of Fort Myers Beach, The Neighborhood Company, which helped design the project, and Empire Holdings, the owners of the property.
After 2 Town Council public hearings, that both lasted 6 hours, the project was approved back in April. During the public hearings there was a lot of opposition from the surrounding neighbors, including condo owners at Pelican Watch. In past years the property at 2500 Estero Boulevard had been restaurants but they were closed in. The neighbors were concerned with loud music at night, people parking on their streets, the smell of food and garbage and people parading through their neighborhood.
The LPA approved the project in a 4-3 vote. LPA Chair Anita Cereceda, John McLeand and Jim Boan voted against.
Fort Myers Beach residents Debbie and Jamie Hotka own the property and Dan Myers would be the General Manager of the business. The approved plan is to have 5 food truck pads, outdoor seating facing 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. The hope was to be open in September of 2026.
Back in April David Tezak spoke out against the project and said he would sue the town if the project was approved. He’s keeping his word. The Tezaks want the judge to nullify the town’s approval of the CPD and rezoning that led to the approval of the project. They allege that the “town’s quasi-judicial decision was fatally flawed: it was rendered without affording procedural due process, departed from the essential requirements of law, and was not supported by competent substantial evidence. Furthermore, the approval is substantively invalid under Florida law because it is inconsistent with the Town’s Comprehensive Plan, constitutes illegal spot zoning, and purported to authorize a land use that is not permitted by any existing town ordinance.”
The Tezak’s are the only neighbors signed onto the complaint and it appears they are to be representing themselves in the matter.
Even if the town prevails in this matter, this will most likely delay the project until the judge makes his ruling, which we know from the other court cases we’re following on Fort Myers Beach, does not happen quickly.
This latest court filing is in addition to Protect FMB filing a similar action against the town to try to stop the Seagate Red Coconut redevelopment project and two current council members filing lawsuits against two former council members to try to stop a recall election.
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FEMAA said NO MORE TEMPORARY STRUCTURES!!!!! Wake up!!!!!!! Start building !!!!! Pay your property taxes enough of this trailer trash.
This situation is very much the fault of the town council.Thats why there is a recall election coming up.Over the next two years there will be a new town council.But will it be any better?
Depends on whether the people wanting change actually put in the effort to run for office and then represent their constituency.
Complaining and second guessing is much easier than running for office and then representing your neighbors.
“All trailers must leave” the officials were all screaming recently. Then they approved a lot for food trucks to serve overpriced food from 5 trailers in people’s backyards. Why can’t developers just follow the guidelines in place? Is it because they know the council will approve anything if the right wheels are greased.
If FEMA says all food trucks have to leave the island, why was the food truck court approved? What’s good for the goose is good for the gander. And as far as the location of the Naples food court, it’s not in a residential area. Neither is the one out by the airport. I’m not against food trucks, but they need to be in the right place and this is definitely not the right place. We were told it was going to be family oriented lol. Selling beer and wine, this will turn into a beer garden. Why isn’t the comp plan being followed?
That has been my question all along!
Seriously? No one saw this coming? I like the idea of the food truck park, but I sure wouldn’t like it as my neighbor.
It IS intrusive. It’s five outdoor restaurants where there was one traditional restaurant. It WILL create a much more intense traffic situation. It WILL create a more intense noise situation that will invade the promise and expected right of quiet enjoyment of a whole neighborhood. (I wouldn’t mind waking up to the smell of cinnamon buns, but I sure wouldn’t like the smell of spent fish grease and looking at & smelling garbage receptacles). This WILL lower the (aesthetic) property values of neighbors. It WILL harm established and future traditional eateries that have much higher intrinsic expenses. It DOESN’T follow the Comp plan.
These are all known and recognized arguments and detriments. And… there ARE better location choices.
However, it’s a novel idea that will be appreciated by some tourists, especially families. There is that.
Unbelievable as this town screeches to a halt. Food truck park is a wonderful idea.
Would you want it in your backyard?
It is literally going to b next to me. Rumor has the owners are slum lords in Indiana. The public bathrooms will set adjacent to PW pool and next to O’Laughlins’ windows! Plus, Chapel & Cottage are basically single lane streets and dead in on residential properties, where will the back up go?
If the lot was used and zoned for a restaurant then the lawsuit would be dismissed. To move this project along, a compromise between the owners and the developer could be reached much faster than the delay this lawsuit will initiate.
Not that cut and dry Mike! Neighbors would welcome a small restaurant, they do not welcome an open air bar with live music operating 7 days a week, 15 hours a day. In addition, Town council approved 4 special events per year! Don’t know what those will be, a Carnival?? Please note the White colored buildings in the photo … those are single family homes!! Commercial intrusion? Absolutely!! In addition, Chapel and Cottage are small roads, the extra in/out traffic congestion created by this operation will be terrible, especially during high season for those living in and around this neighborhood and others traveling up and down Estero!
Consistent with FEMA? We are all paying the price of the poor decisions being made by Town Council with the guidance of staff. The neighbors whose lots are adjacent to this project are in an awful position. And the surrounding neighborhood is greatly impacted. Intrusive? Very much! Respecting residents rights? Nope! Adhering to Comprehensive Plan? Hmmmm!!
Agreed Tom and I support the lawsuit – Town council has zero respect for residents , they constantly think it’s their job to pick winners and losers and they have zero interest in sticking to the Approved and supported Comp plan.
All these projects that destroy neighborhoods and residential life as well as the environment.
Island needs local government, Lee County is already overwhelmed and won’t give the attention necessary to govern the island! We vote in people to govern, their votes on these matters should be final!
The island needs development in order to generate revenue for the town. There is a similar venue in Naples that operates without issues. The public bathrooms in it self is worth it!
Please look at the two white depicted buildings directly behind this development in the photo. Those are single family homes!! Would you want this open air “carnival” operating 7 days a week, 15 hours a day directly in your backyard???
Residents rights completely ignored AGAIN by this town council/staff! Think your property is exempt from this kind of commercial intrusion? Think again! Not from this town council and staff!! Take a look at where the Naples food truck park is located compared to this one!
The town government should be dissolved. It only slows progress and pays for lawsuits. Even if our town doesn’t get a property tax increase now, they will eventually. Is FBM government really worth its cost. Not every beach town has its own council separate from the county.
The lawsuits are eventually going to bankrupt the town back to Lee County.
If Town Council consistently followed the Comprehensive Plan as they were voted in to do, we wouldn’t be in this situation! They have caused these lawsuits!