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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Isn’t there a 9:00 pm curfew in music.
Pinchers had music almost every night, condos all around and I don’t believe anyone complained.
The restaurant had all the grease and garbage. If this bothered the neighbors please speak up.
Have any of you been to the celebration park in Naples? This is in a neighborhood. We have been there several times, not always is there music. Maybe there can be some compromise.
I am in the neofascist the new pinchers location coming to the Fishtail site and welcome it.
Mr. Tezak and his mom are not alone in their opposition of this development! ALL impacted neighbors around this development have voiced their opposition over the Town Council’s approval of this kind of development in this location.
This is an open air, live music BAR operating 7 days a week, 15 hours a day directly next to a residential neighborhood! A development suitable for Times Square but not in this area!
INTRUSIVE? Absolutely!! Neighbors are not against development, they just want it to be the right fit for this location and this development is absolutely NOT for many reasons! Property values around this development will without a doubt be negatively impacted, before they are even built! A PAID parking lot with 46 spaces? There is another paid parking lot just one street over on Mango! Neighbors expect high season will bring traffic backups and congestion for patrons, Estero drivers and neighbors, illegal parking, noise, drunk trespassers (especially at night), trash and fried food smells are just a few of the valid concerns. Honestly, who would want this kind of business operating in their backyard 7 days a week, 15 hours a day? What is this Town Council thinking? No protection for residential property owners rights! TC approved this development with 6 deviations and just under 30 conditions!!
Double standard?!? Other food trucks, i.e Mom’s is located directly parallel to this development and are being told they are not FEMA compliant and must leave, but yet this Food Truck Park with 5 food trucks is allowed to operate?? In addition, this development is located in a FEMA flood zone of AE/EL12, meaning buildings must be elevated at least 12 FEET above sea level! The building depicted in the photo is not elevated even close to 12 feet! Why are surrounding neighbors REQUIRED to build at least 12 feet up or more but they are not?? (See the white residential houses depicted in the photo directly behind this development).
Some folks may wonder why the recall and yet another lawsuit? I think the answer is pretty clear, if Town Council worked to help protect residential property owners rights and consistently followed the Comprehensive Plan as they were voted in to do, we most likely wouldn’t have all these problems!
Commercial buildings are allowed by codes to be dry-floodproofed and kept below flood. Look at the new 7/11 under construction on Estero or several of the newer buildings on Old San Carlos. Only houses have to be elevated and cannot be dry floodproofed.
Thank you Albert for the clarification!
Before all go off the deep end, drive into Bonita Springs and see what they have done on Old 41 just across from the park. This venue is very nicely landscaped. They actually have a similar 2-story structure, but have food trailers instead of food trucks. Both could be easily removed in case of an approaching storm.
I applaud the Tezaks and hope they prevail in their lawsuit. This food truck park is a terrible idea for this location. Indiana slum lords or not, the owners of the property in question clearly have no regard for the natural beauty or the people living in residential neighborhoods on Fort Myers Beach. It’s all about greed. I have seen food truck parks. They are not at all aesthetically pleasing, especially over time. They begin to look like rundown trailer parks. And the excessive traffic, garbage, noise and smell are very relevant issues. If transient food sources are what FMB wants, put them in commercial areas. However, mandating that all food trucks must go kind of makes the whole point moot, right?
The owners live just a few blocks away. And I must say, they absolutely know what aesthetics are. First class all the way… We could only wish our own own properties looked as nice as this proposed business. Clearly you have no knowledge of the owners.
Okay, Deb. Didn’t say I knew them personally. Aesthetics encompasses more than looks. Since there isn’t a food truck park anywhere close by, common sense tells me that the owners, who (according to you) live “blocks away,” most likely do not have a food truck park in their back yard, abutting their pool, their driveway, their balcony, their parking area, etc. They don’t have the nuisances of live music, excessive traffic, diesel exhaust, garbage and restroom odors wafting into their homes on a daily basis. If a food truck park is what they consider “first class all the way,” they should build it in their own back yard. Problem solved.
I expected no less from FMB.
This is the reason there are zoning laws and if this park falls within that law I don’t see what the lawsuit is for.
FEMAA said NO MORE TEMPORARY STRUCTURES!!!!! Wake up!!!!!!! Start building !!!!! Pay your property taxes enough of this trailer trash.
Have you been to the Food Truck Park in Cape Coral? Definitely not trailer trash.
You’re right. The Cape Coral food truck park does not look like “trailer trash;” but the location isn’t exactly comparable to the one proposed in this quiet neighborhood. It’s part of a marina.
Yep!!!
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.
If actual FMBers are elected yes, not grown up kids who were vacationers who think it’s cool to run the town they grew up VIDITING not living in. No doubt there’s been a whole lot of padding especially by slumlord persaud.
“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?
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!
Which property (zoning wise) was there first?
This has been a commercial property for over 50 years.
Please tell me how this development generates revenue for the Town? I am all ears…
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!