Times Square outdoor rent to receive hike
There will be an annual base rate increase regarding extended use of premises to businesses within the public right-of-way of Times Square beginning this upcoming fiscal year. The fee hike is part of an overall update on the sidewalk cafe policy for the Town of Fort Myers Beach.
The Fort Myers Beach Town Council recently approved a $6 per square foot charge to be locked in for a three-year period on a yearly basis come Oct. 1. Consumer price index rating will be attached to it for future costs. The rate change will be added to each issued sidewalk caf permit that expires annually on Sept. 30.
The action involving administrative code raises the cost to extend dining capabilities into Town pavers for Times Square Grill, La Ola Surfside Restaurant, Plaka Restaurant, Kilwins of Fort Myers Beach, Pete’s Time Out and Mango Ritas. Those Times Square merchants are currently paying $4.50 per square foot.
“We are trying to standardize it so that there is one document that covers everybody,” said Town Senior Planner Matt Noble, “so that there is a level playing field where all of the rules apply to everybody equally.”
The Beach Pierside Grill and Dairy Queen and the yet-to-open business formerly known as Top O’ Mast have expressed interest in the program and have held discussions with Town staff on like extensions. The rate change would potentially affect those businesses as well.
“Those businesses have not received approval yet,” said Noble.
Each business needs to reapply for such extensions on a yearly basis. The applied fee aids in basic Town maintenance, additional insurance coverages and code enforcement in the square.
The rate increase is the first such hike in many, many years, according to Town staff.
The updated sidewalk cafe policy sets rules within the perimeter of Times Square, reserves a 20-foot fire lane for emergency service within the middle of the plaza and allows code enforcement to impose regulations.
The current businesses that have been utilizing the right to extension are all on the non-Gulf side of the square. They will be allowed to extend use of premises 22 feet out into the pavers.
Any business that seeks and is approved to take part in the sidewalk cafe policy on the Gulf side will be allowed eight feet out into the pavers.
Besides fees and length of extension, Council addressed another issue centering around lettering or symbols on table umbrellas on those Town pavers in the heart of the downtown zoning district. The advertising is considered additional signage and is in violation of the Town sign ordinance.
As of now, only Plaka Restaurant has such markings on its umbrellas. That business’ canopies have been “grandfathered in” until replacement of such equipment is necessary.
The issue surrounding neutral zones has also been raised.
“It seemed to make sense to have neutral zones because then you don’t have this pushing and shoving between two merchants saying that your table is over my line,” said Rexann Hosafros, prior to policy approval. “If there is a neutral zone, you are less likely to have disputes between each other.”
A business in violation of a neutral zone infraction gets a strike against it.
“We currently have the rule that three written warnings and your permit is revoked,” said Mayor Anita Cereceda. “I think that is going to hold some weight.”
The neutral zone between Pete’s Time Out and Mango Rita’s is an existing Town easement that is owned by Florida Cities Water. Pete’s Time Out owner John Lallo stated there is no ADA compliance involved between his business and Mango Rita’s.
“It is not leading up to any entry or bathroom,” he said.
Noble said the language within the policy regarding easements and/or neutral zones needs to be clarified prior to Oct. 1.
Prior to the approval, Town records stated there was no uniform policy or rules or regulations regarding the extended use of premises within Times Square or elsewhere. Approval had come when Town staff and a business applicant establishes a total square footage parameter to be used.
Businesses within the pedestrian plaza can choose not to set up tables and chairs in the public ROW.
“This is clearly a voluntary program,” said Noble.