HEX Final Decision 2016-37 HEX NO. 2016—37
HEARING EXAMINER DECISION
PETITION NO. ZVL(CUD)-PL20160001881 — Naples 2.0 LLC requests affirmation of a
Zoning Verification Letter issued by the Planning and Zoning Department pursuant to
LDC Section 10.02.06, in which County staff determined that the proposed use of food
truck park is comparable and compatible in nature to other permitted uses in the General
Commercial — Bayshore Mixed Use Overlay District — Neighborhood Commercial
Subdistrict (C-4-BMUD-NC). The subject property is located approximately one-quarter
mile south of Tamiami Trail East, on the west side of Bayshore Drive, in Section 11,
Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.75± acres.
DATE OF HEARING: September 22, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the
Code of Laws and Ordinances, and Sub-section 2.03.03 D.1.c.26 of the Land
Development Code.
2. Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.02.06.J of the Land Development Code has been met and the petition should be
approved.
ANALYSIS:
The applicant has stated it is the intention that the food trucks will remain on-site a minimum of
thirty (30) consecutive days, although not a requirement. This will aid in their functioning in a
more stable manner than a typical food truck.
No members of the public spoke in opposition to this application.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL(CUD)-PL20160001881, filed by
Laura DeJohn, AICP, of Johnson Engineering, Inc., representing Naples 2.0 LLC, requesting
approval of a zoning verification letter determining that the proposed use of food truck park is
comparable and compatible in nature to other permitted uses in the General Commercial —
Bayshore Mixed Use Overlay District — Neighborhood Commercial Subdistrict (C-4-BMUD-
NC), on the property located at the intersection of Bayshore Drive and Becca Avenue and further
described herein, and affirms staffs determinations as stated in the Zoning Verification Letter
attached as Exhibit "A", subject to the condition(s) set forth below.
[16-CPS-01583/1288891/1]41 1 of2
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL(CUD)-PL20160001881
LEGAL DESCRIPTION:
Lot 1, 2, 3, 4 and 5, Demere Landing, according to the plat thereof as recorded in Plat Book 4,
Page 14, Public Records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
2
Date Mark Strain, Hearing Examiner
Appro ed as to form nd legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01583/1288891/1]41 2 oft
Co ler Co14.1•Ity
Growth Management Department
Zoning Division
August 26, 2016
Laura DeJohn, AICP
Johnson Engineering, Inc.
2350 Stanford Ct
Naples, FL 34112
Re: Zoning Verification Letter ZVL (CUD)-PL20160001881; Food Truck Court, Bayshore Drive
and Becca Avenue, Collier County, Florida,Multiple Folio Numbers
Dear Ms. DeJohn:
Thank you for your request for a Comparable Use Determination (CUD). The subject property is
zoned General Commercial, Bayshore Mixed-Use Overlay District, Neighborhood Commercial
(C-4-BMUD-NC).
You requested a determination that the use of'`food truck park" is comparable with the permitted
use in the C-4 district of"eating and drinking establishments". BMUD-NC also permits "bars"
and `restaurants".
A Zoning Verification Letter,dated April 5, 2016 from Ray Bellows stated that proposed uses are
consistent with the purpose and intent statements of both the C-4 and BMUD-NC districts;
however,the LDC does not specifically allow mobile food vendors to operate from a fixed location
in either district. The Zoning Verification Letter determined that the use of"food truck park' is
not a specific permitted use, and recommended a CUD to make that determination.
The State of Florida regulates food trucks under the Division of Hotels and Restaurants, indicating
that the State considers them to be classified as restaurants. In addition, you have stated that the
minimum stay of each truck on the site shall be 30 days,giving a more stable location than a typical
mobile vendor.
The proposed food truck park may also include the sale of seafood from a vessel moored at the
site. This use is classified as Seafood Market (SIC 5421), which is also a permitted use in the C-4
district.
Exhibit "A"
Page 1 of 2
2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Based on the research above and in the application,the Planning Manager has determined that the
requested use is comparable and compatible to the other permitted uses in the district and is
therefore a permitted use. In order to become valid, this determination requires affirmation by the
Hearing Examiner
Please be advised that the information presented in this verification letter is based on the LDC
and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s)to either of these documents could affect the validity of this verification letter. It is
also possible that development of the subject property could be affected by other issues not
addressed in this letter,such as,but not limited to,concurrency related to the provision of adequate
public facilities, environmental impact, and other requirements of the LDC or related ordinances.
Should you require further information or have any questions,please do not hesitate to contact me
at(239) 252-4211 or fredreischl@colliergov.net.
Researched and prepared by: Reviewed by:
a��/i oX 1
Fr: eischl,AICP, Principal Planner Raymo,/V. Bellows, Zoning Manager
Planning & Zoning Planning&Zoning
cc: Anis Moxam, Addressing
Exhibit "A"
Page 2of2