thank you thank you all for rejoining us uh it is 2 o'clock and we're back I hope you all enjoyed your lunch David you're up absolutely uh first I just want to start by thanking you all for making the
accommodations to your time and schedule to make it possible for um not only my team but more importantly the residents here to EXP Express their their concerns um and for your consideration as well the the experts time um and the presentations that they prepare for you
guys to make the time to to hear them out I think was very important I certainly appreciate your consideration I'm I'm going to try to be brief because I think we've covered almost everything here um you know uh for me the the biggest
piece that I think about is you know the applicant came up here and said this was about you know doing what's right for the town um from my perspective and I think the perspective of of my clients what's right for the town is is everything that fits squarely within what's in in the
current regulations the current regulations um have been carefully thought of they've been carefully produced they've been curated for a very specific reason um and and while I understand that you know the intent and purpose of a of a food truck court is to
provide a familyfriendly environment there are certainly no guarantees that it'll be familyfriendly and I think that's what this really comes down to is um a matter of guarantees and and we just haven't seen that from the applicant side you know we we've talked about guarantees with regard to no live
music they said they're open to it but they make no guarantees we've talked about guarantees with respect to a minimum number well now they say that there's there's a a maximum number but uh that remains to be seen whether it'll be it'll be actually implemented and and negotiated ations will come there's no
there's no agreement that they've have been willing to sign um we've talked about um you know limitations with regard to the hours of operation of the Comfort station there's no guarantees though they say that it'll only be amenable and available to the the
participants during the hours of operation there's no guarantees there's nothing preventing a uh someone from coming in the middle of the night and using the Comfort station for their own purposes um the the the seating while it is not fixed permanent seating it's not certainly the kind of seating that can
be removed um and you know the Practical impact of that unfortunately is it invites vagrancy when you have a foot washing station that's M feet away from the the beach and you have benches that you know unfortunately serve can serve as a double for for B beds um what you're creating is a potential of
environment for for vagrants to walk on and say hey look I've got a place to wash myself and I've got a place to sleep that's right right near the beach um unfortunately I I understand where the applicant is coming I think they they put together a wonderful presentation I think the the concept uh is is is
excellent I just don't think that it is sensitive to the existing residential uses and that is a matter of of policy that has been carefully thought um by the city that has been carefully implemented by the city it is not something that we can just Overlook when
you think about the number of deviations and variances essentially that they're requesting you're you're exceeding 20 um to me that suggests that they're conscious of the fact that what their proposed intent is is not fit for this parcel um I think the question before
the council today is to balance whether the interests of a a private investor who by the way lived in the area is choosing not to move into that same area where he intends to imp place this food court um is outweighs the interest of
the residents who live and will suffer the impact of of this proposed um application the most and I I think resoundingly as we look at what those um proposed deviations are you have to look at each one as having a negative impact on on their lives you
know they they make and I think they are the community that will be suffering the impact of of this application most directly um they've made choices to be a member members of this community based on the expectations that have been set forth by the city in their policies the
city in its planning and its care careful considerations and um I think the choice to balance whether the applicant's business interests outweigh that that Reliance that faith and trust that they put into the City and its regulations and the power of its
planning um is cannot be just easily overlooked and and for that reason I would ask that you deny this application thank you thank you sir of course um Nancy should I ask um Mr Davies if he
wants any rebuttal on the interveners at this point or wait because I've never done that one it's discretionary on your part um it might be a good time or he can wait at the at the end I can do it all at the end if that's EAS thank you very much okay so we're in public
comment is there anybody who's sitting here who has something to say that hasn't been said or that you just feel like you need to unload come on come on we can take it Madam chair also St I think wanted to oh yes that they they
come next okay hi good afternoon U my name is Susan Von bigley my husband and I are yearr round residents and we live on Cottage Avenue about 100 feet from this proposed pave parking lot with food trucks beer and wine service and
consumption and Amplified music I've emailed you and I hope you were able to review what I wrote I did create a Pinterest board to share photos and videos of our neighborhood as we already already do have a food truck in the area and there is evidence of some of these
things that are happening right now with a single food truck um you can see the proximity of our residences how the streets are currently being used and hear the sounds as it travels from businesses even further away the iPhone videos that I
have on that Pinterest board don't do justice to the sounds you actually here on the far side of my house I would like to point out that we do currently have two commercial businesses AB buding our neighborhood there is a public paid parking lot at
the corner of Mango Street and a sterile Boulevard there's also the lot where moms is set up these two commercial businesses have restrictions placed on them by the town to lessen the impact on our residential neighborhood the parking lot can only operate operate sunrise to
sunset and moms can't operate past 400 p.m. nor have any outdoor music I believe both of these businesses are doing just just fine with these restrictions I'd like to point out that the conflicts of this new proposed business as it impacts our neighborhood
tremendously we would be forever at the mercy of this business and these deviations by whoever owns this property next conflict one paid parking lights and parking lots invite traffic their purpose is solely to serve those driving
Vehicles paid public parking is designed for people traveling in vehicles with intentions of walking about that same area area there are those that will turn into Chapel Street with the intention of going to this new parking lot and decide that the cost of Park is too great or that there isn't space in a lot for them
they will continue to Cottage Avenue which is a neighborhood street not a Commercial Street a right turn on Cottage Avenues means that these cars will trespass they either go through the condo or turn around in someone's driveway a left turn means that my
Frontage becomes a thorough Fair as users try to enter and exit the new parking lot we're sure to see congestion on Chapel Street the 30ft wide Street and the narrow entrance exit along with drivers like likely to cut Corners means that there won't be simultaneous
movement between those entering and those exiting plus if those arriving have to pay as they enter that will lead to more backups on Chapel Street potentially blocking passage in either direction the traffic pattern already happens in Reverse with
the Mango Street parking lot however the Mango Street lot does have the advantage in that the entrance and exit are separate accesses from Mango Street again these are activities that are already happening in the area they're happening conflict two our roadways will
be used as parking lots it's happening now with Mom's food truck people's aren't people aren't willing to pay for parking even though there is a lot next door to moms they apparently either don't care that they are parking illegally or assume service will be quick and they won't be hampering the roadway very long food trucks have small
kitchens long lines buildt up the cars stay parked on the roadway for a very long time more join them passage is near impossible sometimes emergency services to our neighborhood could definitely be impacted the applicant wants to mitigate this illegal parking around their property that does nothing for me as my
home sits on Cottage Avenue on the other side of Chapel Street from them as experienced this morning people will park on the roadway in front of my car and my driveway my husband had to honk his horn at 7:25 this morning morning to get out of our driveway on Cottage
Avenue again we already have lots of experience with illegal parking conflict three wine and beer consumption in an outdoor setting that's a parking lot AB budding a residential neighborhood doesn't seem logical even if the even the applicant mentioned at the January
LPA meeting they wanted 24-hour parking in case someone is too drunk to drive home the scenario does not jve with a familyfriendly place but instead a place for adults to over embibe having an open beer open Park air parking lot or um wine bar is
not appropriate AB buding a residential neighborhood Amplified music I can't say enough about that I don't care if it's one person it echoes and Echoes and I'm talking to Sandy Bottoms and Greg contacted me the other day asking if I heard Diamond Head and I sure did thank
you very much anyone else yes sir sorry don't apologize you're doing great uh my name is Steven wead I'm building the house that you see on the stilts up already um we bought our house
15 years ago um then we found out it was the first Schoolhouse um hate to see that go um and uh we all expected to be to retire here forever and nice quaint little neighborhood all these little houses and
everything I never expected um I just wouldn't want to ever look over roof UPS rooftops of trucks and uh smell smells and bathroom and everything under there and uh what I can say is uh put yourself
in our shoes and would you want to live like that rest has all been you know redundant was said already thank you we appreciate you being here did you want to add anything you know what he said you got just say
your name Susan Whitehead I'm his thank you Susan he everybody around here said almost everything that needs to be said I don't want to really add to it or be anybody's burden you know I have sympathy for them and for all of us hurricane did damage to us physically
and mentally yes it do it's been a it's been really a bad thing and I don't want to get up here and cry because it makes me so emotional it does me too I just want to thank everybody for listening to us and hope that they do the right thing thank you apprciate you're welcome
appreciate your comments thank you you're going to be next thank you're welcome thank you uh members of the LPA my name is Gary Fields I live at 2532 estal Boulevard adjacent to where the requested use change could allow a beer garden although my professional career
was in Public Finance I performed as a professional musician and over 300 performances many in Fort Meers Beach as recently as yesterday I'm familiar with measuring sound and the way sound travels to give you a sense of the sound impact from live music I measured the
sound level uh from The Pedestrian walkway in approximately 20 y yards outside uh laola it was consistently over 75 DB I've included a picture of the meter reading in my written testimony um I assume many of you have
walked through Times Square know the volume of live music there now imagine if that sound level was 10 yard from your swimming pool or 10 ft from your swimming pool where you and your family were trying to enjoy a peaceful atmosphere it's a good example of why the location of this beer garden is
inappropriate using the established formulas for sound declination the Inver Square law states that the pressure level decreases by about 6 DB for every doubling of the distance from the source and an assumed 75 D level about 20 yards
from the Source the sounded Pelican was and eyes that are 45 yards from the center of the property would still be at 68 DB the Pelican watch swimming pool and the two properties of budding the beer garden property are within 20 yards as like the laot Ola example so they
might as well be on stage with the performer this is still an unacceptable level for an adjacent residential neighborhood unlike Time Square where sound exceeding the town's ordinance 72 DB at the property line might not be noticeable live music in the proposed
beard Garden would likely cause frequent complaints to Lee County and the town placing the burden on law enforcement agencies imagine having to listen to that type of music that might not be your thing all day long or the inevitable Bad karaoke forget about
trying to enjoy your own entertainment you're at the whim of the Entertainer of the day our building at Pelican watch was less occupied when there was live music this summer from the beach whale temporary events and it The Sound consistently exceeded the ordinance levels but now that we're back to full
occupancy and our neighbors are rebuilding we would expect frequent complaints that live music is allowed my final comment is my multiple references to a beer garden the developers have repeatedly and deceptively stated that they're trying to develop a family
oriented destination the only non Hotel Enterprises on the island that have