Agenda 10/12/2021 Item #8C (PL20210002241)10/12/2021
EXECUTIVE SUMMARY
Paul M. Grider and Tametha Grider, as trustees of the Grider Revocable Living Trust filed
an appeal of Official Interpretation INT-PL20210000943 that food trucks are permitted
uses in the Commercial Convenience District (C-2) and Commercial Intermediate District
(C-3) Zoning Districts to clarify that the Official Interpretation is not site specific but
applies County-wide to all properties designated within the C-2 and C-3 Zoning Districts.
[PL20210002241] (Companion to items 8A & 8B)
OBJECTIVE:
The objective of this Executive Summary is to provide the Board of Zoning Appeals (BZA) with
all the relevant information regarding the above referenced matter, and to establish a complete
record for consideration by the Board in rendering a determination.
CONSIDERATIONS:
Section 1.06.01.D.6 of the Collier County Land Development Code (LDC) establishes a
procedure for appeal of an official interpretation of the County Manager or designee. In
accordance with Section 1.06.01.D.6.c., the Board of Zoning Appeals shall adopt the County
Manager or designee’s interpretation, with or without modifications or conditions, or reject the
interpretation. The Board of Zoning appeals is not authorized to modify or reject the County
Manager or designee’s interpretation unless it finds that the determination is not supported by
substantial competent evidence or that the interpretation is contrary to the Growth Management
Plan, the Future Land Use Map, the Land Development Code or the official zoning atlas, or
building code, whichever is applicable.
The Appeal (Exhibit “A”) submitted by Noel Davies, Esq., representing Paul M. Grider and
Tametha Grider, as Trustees of the Grider Revocable Living Trust seeks to clarify the record that
INTP-2021-PL-0943 is not a site-specific interpretation, but rather a County-wide request that
applies to the C-2 and C-3 Zoning Districts.
Staff agrees with the clarification sought within this appeal. The content and focus of INTP -
2021-PL-0943 is focused on if a food truck park is a permitted use in the C-2 and C-3 Zoning
Districts and is not site specific to the proposed location of the food truck park on the
“Appellant’s Property”, or any other specific site. INTP-2021-PL-0943 incorrectly states that the
official interpretation was a site-specific request at the bottom of page two, but the focus of the
interpretation was to all C-2 and C-3 zoned properties within County.
FISCAL IMPACT:
Approval of the appeal would have no quantifiable fiscal impact upon the County.
GROWTH MANAGEMENT IMPACT:
Not applicable.
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10/12/2021
LEGAL CONSIDERATIONS:
Section 509.102. F.S. was enacted with an effective date of July 1, 2020, which provides in part
“(2)… A municipality, county, or other local governmental entity may not prohibit mobile food
dispensing vehicles [food trucks] from operating within the entirety of the entity’s jurisdiction.”
For a few years, staff has approved development orders and issued zoning verification letters to
allow food trucks in zoning districts that allow Eating Places (SIC Code 5812). If the Board
agrees with staff’s interpretation, the Board may affirm staff’s decision. If the Board does not
agree with staff, it may reverse the decision. In either case, it may add conditions that it deems
appropriate. The Board can also consider directing staff to amend the LDC to expressly address
where food truck parks may be allowed. (HFAC)
RECOMMENDATIONS:
That the Board of Zoning Appeals uphold the interpretation of the Zoning Director that food
trucks are permitted uses in the Commercial Convenience District and Commercial Intermediate
District and directs staff to re-issue INTP-2021-PL-0943 to correctly state that the request is not
a site-specific request and that LDC 10.03.06.P. dictates the notice procedures for an Official
Interpretation.
PREPARED BY: Mike Bosi, AICP, Zoning Director
ATTACHMENT(S)
1. Exhibit-A-Appeal-Application-And-Exhibits (PDF)
2. legal ad - agenda ID 20035 (PDF)
8.C
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10/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.C
Doc ID: 20035
Item Summary: *** This Item to be heard no sooner than 1:00 p.m. *** Paul M. Grider and
Tametha Grider, as trustees of the Grider Revocable Living Trust filed an appeal of Official Interpretation
INT-PL20210000943 that food trucks are permitted uses in the Commercial Convenience District (C-2)
and Commercial Intermediate District (C-3) Zoning Districts to clarify that the Official Interpretation is
not site specific but applies County-wide to all properties designated within the C-2 and C-3 Zoning
Districts. [PL20210002241] (Companion to items 8A & 8B)
Meeting Date: 10/12/2021
Prepared by:
Title: – Zoning
Name: Mike Bosi
09/09/2021 8:48 AM
Submitted by:
Title: – Zoning
Name: Mike Bosi
09/09/2021 8:48 AM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 09/09/2021 9:32 AM
Growth Management Department Trinity Scott Transportation Skipped 09/09/2021 5:27 PM
Growth Management Department James C French Growth Management Completed 09/17/2021 3:59 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/01/2021 1:57 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/01/2021 2:29 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/04/2021 2:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/06/2021 2:11 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 10/06/2021 3:28 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/12/2021 9:00 AM
8.C
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239)252-2400 FAX: (239) 252-6358
APPEAL OF AN OFFICIAL INTERPRETATION
LDC subsection 1.06.01 D & Code of Laws section 2-83 – 2-90
Ch. 3 A. of the Administrative Code
Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent
by certified mail return receipt requested by the County Manager or designee or building official, or within 30
days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or
adversely affected party may appeal the interpretation to the building Board of Adjustments and Appeals for
matters relating to building and technical codes as shown in LDC section 1.07.00 or to Office of the Hearing
Examiner for all other matters in the LDC.
An affected property owner is defined as an owner of property located within 300 feet of the property lines of
the land for which the interpretation is effective.
An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect
to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code,
or Building Code(s). The alleged adverse interest may be shared in common with other members of the
community at large, but shall exceed in degree the general interest in community good shared by all persons.
A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include
any pertinent information, exhibits, and other backup information in support of the appeal.
The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever is applicable,
shall hold an advertised public hearing on the appeal and shall consider the interpretation and any public
testimony in light of the Growth Management Plan, the Future Land Use Map, the Land Development Code or
the Official Zoning Atlas, or Building Code related matters, whichever is applicable. The Office of the Hearing
Examiner or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County
official's interpretation, whichever is applicable, with or without modifications or conditions, or reject the
interpretation. The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever
is applicable, shall not be authorized to modify or reject the County official's interpretation unless such
reviewing body finds that the determination is not supported by substantial competent evidence or that the
interpretation is contrary to the Growth Management Plan, the future land use map, the Land Development
Code or the Official Zoning Atlas, or Building Code, whichever is applicable.
Requests for Appeal of an Official Interpretation should be addressed to:
Growth Management Division/Planning Regulation
Attn: Business Center
2800 North Horseshoe Drive
Naples, Florida 34104
10/18/2013 Page 1 of 2
8.C.1
Packet Pg. 172 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
APPEAL OF OFFICIAL INTERPRETATION
LDC subsection 1.06.01 D & Code of Laws section 2-83 – 2-90
Ch. 3 A. of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Owner: _____________________________________________________________________________
Address: _________________________________ City: _____________ State: ________ ZIP: _______
Telephone: _____________________ Cell: ______________________ Fax: ______________________
E-Mail Address: ______________________________________________________________________
Applicant/Agent: _____________________________________________________________________
Firm: _______________________________________________________________________________
Address: _________________________________ City: _____________ State: ________ ZIP: _______
Telephone: _____________________ Cell: ______________________ Fax: ______________________
E-Mail Address: ______________________________________________________________________
DETAIL OF REQUEST
Interpretation No. AR-________________________________________________________________
(Please reference the interpretation number that is being appealed)
Attach a narrative describing the request, the legal basis for the appeal, the relief sought, including
any pertinent information, exhibits, and other backup information in support of the appeal.
SUBMITTAL REQUIREMENTS
See Chapter 3 A. of the Administrative Code for submittal requirements. The following items are to be submitted
with the completed application packet:
X Completed application (download current form from County website)
X Completed narrative
X Electronic copy of all documents, please advise that the Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
FEE REQUIREMENTS:
Appeal of Official Interpretation Fee: $1,000.00
Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,500.00
To be completed by staff
10/18/2013 Page 2 of 2
X
X
8.C.1
Packet Pg. 173 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Page 1 of 2
Appeal of Official Interpretation INTP-2021-PL-0943 (PL20210000943)
Food Trucks as Permitted Uses in the C-2 and C-3 Zoning Districts
Appellant: Paul M. Grider and Tametha Grider, as Trustees of the Grider Revocable Living Trust
dated April 14, 2016 (“Appellant”), owners of the properties with the following Parcel
Identification Numbers: 52502680002, 52502560009, 52502720001, 52502960007,
52503000005, 52503040007, 52501440007, 52501480009 (collectively, “Appellant’s Property”).
Pursuant to Section 1.06.01.D.6. of the Collier County Land Development Code and
Chapter 3, Section A of the Collier County Administrative Code for Land Development, Appellant
hereby timely appeals that certain Official Interpretation INTP-2021-PL-0943 (PL20210000943),
Food Trucks as Permitted Uses in the C-2 and C-3 Zoning Districts. As a preliminary matter,
Official Interpretation INTP-2021-PL-0943 (PL20210000943), Food Trucks as Permitted Uses in
the C-2 and C-3 Zoning Districts (the “Official Interpretation,” attached hereto and incorporated
herein as Exhibit “A”), does not apply to Appellant’s Property. Appellant hereby submits this
appeal on the narrow issue of having the Hearing Examiner 1 clarify that the Official Interpretation
is not site specific as indicated by the Applicant in its Request for Official Interpretation,
PL20210000943, dated April 15, 2021 (the “Request,” attached hereto and incorporated herein as
Exhibit “B”). Appellant agrees with the conclusion and overall analysis set forth in the Official
Interpretation but seeks clarification that it is not site specific.
Appellant fully reserves all of its rights and remedies to the fullest extent of the law and
the filing of this Appeal shall not waive or relinquish same in any manner. Appellant’s rights to
develop Appellant’s Property as a food truck park vested prior to the submittal of the subject
Request for Official Interpretation.
The Official Interpretation states in the final paragraph of page 2 that “this is a site-specific
interpretation.” That is not correct and is inconsistent with the rest of the Official Interpretation,
the Request itself and the numerous references in both documents to the C-2 zoning district, C-3
zoning district and commercial portions of a PUD.2 I expect that the referenced statement is a
typographical error by the author of the Official Interpretation. (Note that there is also a
typographical error with respect to the reference to “Division 10.02.02.F. of the LDC” in the final
paragraph on Page 2 of the Official Interpretation; that section of the LDC does not exist and it is
not the correct reference regarding notice of an official interpretation.)
The purpose of this Appeal is to seek confirmation that the Request is not site specific but
rather applies County-wide to all properties which do not yet have vested use rights. The fact that
the Official Interpretation and Request are not site specific is made clear multiple times by the
Applicant and the County as follows:
1 Note that per Chapter 3, Section A of the Collier County Administrative Code for Land Development, the decision
maker on Appeals of Official Interpretations of the Land Development Code is the Hearing Examiner, not the Board
of Zoning Appeals.
2 Note that if the Request was a site specific request, the County would have been required to provide written notice
of same to Appellant in accordance with Chapter 4, Section G of the Collier County Administrative Code for Land
Development, which never occurred.
8.C.1
Packet Pg. 174 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Page 2 of 2
(1) Email in Request file (PL20210000943) from Grady Minor dated April 16, 2021
(attached hereto and incorporated herein as Exhibit “C”), which states: “No
additional documents and not site specific” in response to the County’s query: “Can
you confirm that this is request is not for a site specific location.” (Emphasis
added.)
(2) The Request itself does not mention a specific site. There is no mention anywhere
in the six-page request to a specific property address, parcel ID, nor is there any
mention of Appellant or Appellant’s Property.
(3) The Request repeatedly enumerates multiple zoning districts, including the C-2 and
C-3 Zoning Districts and any commercial component of a Planned United
development (PUD) but not specific sites, which further confirms that the Request
cannot be site specific.3
(4) Likewise, the Official Interpretation repeatedly enumerates multiple zoning
districts, including the C-2 and C-3 Zoning Districts and any commercial
component of a Planned Unit Development (PUD) but not specific sites.4
(5) Further, the Official Interpretation affirms that a food truck park is a permitted use
in any zoning district in which SIC Code 5812 is a permitted use, without reference
to specific sites.
Based on the foregoing, Appellant seeks clarification from the Hearing Examiner that the
Official Interpretation is not site specific. As set forth above, nothing in this Appeal shall be
construed to modify Appellant’s position that the Official Interpretation and any appeal relating
thereto does not apply to Appellant’s Property given the vesting of Appellant’s rights to develop a
food truck park prior to the filing of the Request for Official Interpretation.
Attachments:
Exhibit “A” – Official Interpretation INTP-2021-PL-0943 (PL20210000943)
Exhibit “B” – Request for Official Interpretation – PL20210000943
Exhibit “C” – Email from Grady Minor stating that the Request is not site specific
3 Numerous times throughout the Request, the Applicant states that the Request is for an interpretation “in the C-2 and
C-3 Zoning Districts, or within any commercial component of a Planned Unit Development (PUD).”
4 The Official Interpretation includes throughout the same language as the Request: “within the C-2 and C-3 Zoning
Districts, or any commercial component of a PUD.”
8.C.1
Packet Pg. 175 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Growth Management Division - Planning & Regulation
Planning & Zoning Department
August 4,2021
D. Wayne Amold
Q. Grady Minor & Associates
3800 Via Del Ray
Bonita Springs, FL 34134
Dear Mr. Amold:
Pursuant to LandDevelopment Code (LDC) Section 1.06.01.D, the Planning and Zoning Director has
been requested to render an official interpretation ofthe Collier County Land Development Code
(LDC), for FCC Beach & Yacht, LLC, PL20210000943. The official interpretarion responds to the
below request:
The applicant seeks to confirm that a "Food Truck Park", "Food Truck Court", or ..Mobile Food
Vending Park", is not a permitted use in the C-2 and C-3 Zoning Districts, or within any commercial
component of a Planned Unit Development (PUD), unless the specific use of a "Food Truck Park,,,
"Food Truck Court", or "Mobile Food Vending Site" (hereinafter collectively referred to as ..Food
Truck Park") is identified as a permitted use within the commercial zoning district or commercial
component ofa PUD.
This interpretation also seeks to confirm that a "Food rruck Park", may not be deemed a permitted
use within the C-2 and C-3 Zoning Districts, or any commercial component of a pUD. The
interpretation seeks to confirm that the LDC must be amended to allow Food Truck Parks as an
allowed use assuming the Board of County Commissioners agrees such a use should be allowed.
Response
The uses provided for within the C-2 and C-3 zoning districts, as enumerated within LDC sections
2.03.03.8 and 2.03.03.C curently do not list food truck park as a permitted use. LDC section
2.03.03.8.1.a.74 (C-2 permitted use) and 2.03.03.C.1.a.96 (C-3 permitted use) provide for the
folfowing uses, "Any other commercial convenience use which is comparable in noture with the list
of permitted uses and consistenl 'teith the purpose and intent statement of the district, as determined
by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K." &"Any other intermediore
commercial use which is comparable in noture with the list of permitted uses and consistent wilh the
purpose and intent statement of the disftict, as determined by the Hearing Examiner or CCpC,
pursuant to LDC section 10.02.06 K."
As noted within your application LDC section 2.03.00.A states, " Rules for Interpretation of Uses. In
any zoning district, where the list of permitted uses contains the phrase "any other use which is
comparable in noture with the foregoing uses and is consislent teith the permitted uses and purpose
and intent statement ofthe district" or arry similar phrase which provides for a use which is not clearly
defined or described in the list of permitled uses, which requires the discretion of the County Manager
or designee as lo whether or not it is permitted in the district, then the determination ofwhether or
RE: INTP-2021-PL-0913, FOOD TRUCKS AS PERMITTED USES IN THE C-2 AND C-3
ZONING DISTICT, OFFICIAL INTERPRETATION REQUEST
Exhibit "A"8.C.1
Packet Pg. 176 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
not that use is permitted in the district shall be made through the process outlined in LDC section
10.02.06 K."
Further LDC section 10.02.06.K in part reads, "Comparable Use Determination.l.The following
Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in
nature with the list of permitted uses, and the purpose and intent statement of the zoning disftic\
overlay, or PUD.2.To be efective, the Comporable Use Determination shall be approved by the
Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public
hearing based on the following standards. . ."
Within Hearing Examiner Decision HEX NO. 2016-37 (Attachment "A"), the Hearing Examiner
determined that the proposed use of a food truck park is comparable and compatible in natue to other
permitted uses in the General Commercial (C-4) zoning district and affirmed staff s determination as
stated in the Zoning Verification Letter ZYL(CUD)-PL20i60001881, which was an attachment of
the decision.
Zoning Verification Letter PL20160001881, which initiates the comparable use determination,
requested that staff determine that the use of "food truck park" is comparable with the permitted use
in the C-4 district of "eating and drinking establishments" or SIC 5812. The conclusion ofthat zoning
verification letter determined, thaI, "the requested use is comparable and compatible to other
permitted uses in the district and is therefore o permitted use. In order to become valid, this
determination requires affrmation by the Hearing Examiner. " As noted, HEX NO. 2016-37 affirmed
the determination of the zoning verification letter PL20160001881. Based upon the determination,
food truck parks are treated as permitted uses within zoning districts that permit SIC 5812, subject to
whatever size limitations imposed by the respective zoning district. Both the C-2 and C-3 zoning
districts permit SIC 5812 with square footage limitations and based upon HEX NO. 2016-37
determination, food truck parks are permitted within those zoning districts subject to the square
footage limitations.
Further evidence of the position that food truck parks are permitted within the zoning districts that
permitted SIC 5812, eating establishments, ZLTR-PL20190002574 (Attachment "B"), determined
that a food truck park was permitted within the Industrial zoning district under Eating Establishment
(SIC 5812). ZLTR-PL20200001955 (Attachment "C") provides a second example where the County
determined that the C-3 zoning district permits restaurants/food truck establishments (SIC 5812) by
right.
While the Commercial and Industrial zoning districts do not specifically designate food trucks as
permitted uses, the Comparable Use determination process has been established to identifr similar
uses to a zoning district when the proposed use has been determined to be comparable and compatible
to existing uses in the zoning district. Hearing Examiner Decision No. 2016-37, established food
truck parks as comparable and compatible to a restaurant use and based upon that determination, all
zoning districts that permit restaurants (SIC 5812) are determined to also permit food trucks subject
to whatever restrictions imposed by the zoning district including square footage limitations.
Pursr.rant to Div'ision 10.02.02.F. ofihe LDC, this interpretation has been sent to you via certified mail, retum
receipt requested. As this is a site-specific interpretation, all property owners within 300 feet ofthe subject
property will receive mailnotice and acopy ofthis interpretation and appeal time frames will beplaced inthe
Naples DailyNews. Within 30 daysofreceipt otlhis letter, or within 30 days ofpublication ofthe public
notice, any affected property owneror aggrieved or adversely affected party may appeal the interpretation
8.C.1
Packet Pg. 177 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
to the Office ofthe Hearing Examiner, as directed by Section 2-87 of the Collier County Code of Laws
and Ordinances.
A request for an appeal must be filed in writing within 30 days of the date of this Official
Interpretation and must state the basis for the appeal and include any pertinent information, exhibits,
orother back-up information in support ofthe appeal. The appeal must be accompanied by a $ 1,000.00
application and processing f'ee. If payment isinthe form ofa check, itshould be made out to the
Collier Counry Board of Commissioners. An appeal can be hand delivered or mailed to my attention
at the address provided. Please do not hesitateto contactme should you have any further questions on
this matter-
Sincerely,
-2'214
Mike Bosi, AICP,
Zoning Director
Growth Management Division/Planning and Regulation
Cc: CollierCounty BoardofCountyCommissioners
Mark Isackson, County Manager
Sean Callahan, Deputy County Manager
Amy Pafterson. Deputy County Manager
Klatzkow, County Attomey
Jamie French, Deputy Head Growth Management Department
Heidi Ashton-Cicko, Assistant County Attomey
8.C.1
Packet Pg. 178 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
April 15, 2021
Ms. Anita Jenkins, Planning and Zoning Director
Growth Management Division/Planning and Regulation
2800 North Horseshoe Drive
Naples, FL 34104
RE: Request for Official Interpretation
Dear Ms. Jenkins:
On behalf of FCC Beach & Yacht, LLC, we are requesting an official interpretation of the Collier
County Land Development Code (LDC). LDC Section 1.06.02 D. provides that an official
interpretation may be requested by any affected person, resident, developer, landowner,
government agency or department, or any person having a contractual interest in land in Collier
County. FCC Beach & Yacht, LLC is a landowner of C-3 zoned property in Collier County and is
eligible to seek the official interpretation of the LDC.
The applicant seeks to confirm that a “Food Truck Park”, “Food Truck Court”, or “Mobile Food
Vending Park”, is not a permitted use in the C-2 and C-3 Zoning Districts, or within any
commercial component of a Planned Unit Development (PUD), unless the specific use of a
“Food Truck Park”, “Food Truck Court”, or “Mobile Food Vending Site” (hereinafter collectively
referred to as “Food Truck Park”) is identified as a permitted use within the commercial zoning
district or commercial component of a PUD.
This interpretation also seeks to confirm that a “Food Truck Park”, may not be deemed a
permitted use within the C-2 and C-3 Zoning Districts, or any commercial component of a PUD.
The interpretation seeks to confirm that the LDC must be amended to allow Food Truck Parks
as an allowed use assuming the Board of County Commissioners agrees such a use should be
allowed. As explained in this letter, a Food Truck Park is significantly different than a
restaurant and should not be interpreted to be a restaurant.
The term: “Food Truck Park” is not defined in the Collier County LDC, Ordinance 2004-41, as
amended. LDC Section 2.02.03, Prohibited uses states the following:
“Any use or structure not specifically identified in a zoning district as a permitted use,
conditional use, or accessory use shall be prohibited in such zoning district. “
Exhibit "B"8.C.1
Packet Pg. 179 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Ms. Anita Jenkins, Planning and Zoning Director
RE: Request for Official Interpretation
April 15, 2021
Page 2 of 6
Because a Food Truck Park is undefined in the LDC, it is prohibited unless an official
interpretation of the LDC is issued which then determines that the above described “Food
Truck” use is a permitted use pursuant to LDC 2.03.00 A., and LDC 10.02.06 K. Comparable Use
Determination, which state:
LDC 2.03.00 A.
A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted
uses contains the phrase "any other use which is comparable in nature with the
foregoing uses and is consistent with the permitted uses and purpose and intent
statement of the district" or any similar phrase which provides for a use which is not
clearly defined or described in the list of permitted uses, which requires the discretion of
the County Manager or designee as to whether or not it is permitted in the district, then
the determination of whether or not that use is permitted in the district shall be made
through the process outlined in LDC section 10.02.06 K.
LDC section 10.02.06 K.
K. Comparable Use Determination.
1. The following Comparable Use Determination (CUD) shall be used to determine
whether a use is comparable in nature with the list of permitted uses, and the
purpose and intent statement of the zoning district, overlay, or PUD.
2. To be effective, the Comparable Use Determination shall be approved by the
Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an
advertised public hearing based on the following standards, as applicable:
a. The proposed use possesses similar characteristics to other permitted uses
in the zoning district, overlay, or PUD, including but not limited to the
following:
i. Operating hours;
ii. Traffic volume generated/attracted;
iii. Type of vehicles associated with the use;
iv. Number and type of required parking spaces; and
v. Business practices and activities.
b. The effect of the proposed use would have on neighboring properties in
relation to the noise, glare, or odor effects shall be no greater than that of
other permitted uses in the zoning district, overlay, or PUD.
c. The proposed use is consistent with the GMP, meaning the applicable future
land use designation does not specifically prohibit the proposed use, and,
8.C.1
Packet Pg. 180 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Ms. Anita Jenkins, Planning and Zoning Director
RE: Request for Official Interpretation
April 15, 2021
Page 3 of 6
where the future land use designation contains a specific list of allowable
uses, the proposed use is not omitted.
d. The proposed use shall be compatible and consistent with the other
permitted uses in the zoning district, overlay, or PUD.
e. Any additional relevant information as may be required by County Manager
or Designee.
3. The Administrative Code shall establish the process and application submittal
requirements to obtain a Comparable Use Determination.
It is my expert planning opinion that a “Food Truck Park” is not a comparable use to any other
commercial use identified in the Collier County LDC within the C-2 and C-3 Zoning Districts or any
commercial component of a PUD.
In my expert planning opinion, a “Food Truck Park” does not have similar characteristics to any
other use permitted by right or conditional use in the C-2 and C-3 Zoning Districts or commercial
component of a PUD. Specifically, a Food Truck Park is not comparable to a restaurant. The
American Planning Association has published a Planning Advisory Service Report, PAS EIP-36,
November 2015 titled Regulating Food Trucks. The Report provides an array of local government
ordinances in which a multitude of local governments have developed specific zoning and
permitting guidelines to address among other considerations, food safety, traffic, noise and
neighborhood compatibility. These many local governments did not determine that a “Food
Truck Park” is the same use as a restaurant. Communities such as San Antonio, Texas have
determined that there are potential negative economic impacts associated with “Food Truck
Parks”.
The “Food Truck Park” use is not comparable to a restaurant in that it is not located in a brick-
and-mortar facility and does not meet any Collier County LDC definition for a restaurant. The
LDC defines restaurant and the types of restaurants as follows:
Restaurant: A building or part of a building where food is offered for sale or sold to the
public primarily for immediate consumption.
Restaurant, drive-through: A fast food facility with one or more drive-through lanes
where food is ordered through a speaker phone and a menu board located in the drive-
through lane. This type of facility has no indoor seating or food ordering but may have
walk-up windows and/or outdoor seating.
Restaurant, fast food: An establishment where food is prepared and served to the
customers in an ready to consume state for consumption either within the restaurant
building, outside the building but on the same premises, or off the premises and having any
combination of two or more of the following characteristics:
8.C.1
Packet Pg. 181 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Ms. Anita Jenkins, Planning and Zoning Director
RE: Request for Official Interpretation
April 15, 2021
Page 4 of 6
a. A limited menu, usually posted on a sign rather than printed on individual sheets or
booklets;
b. Self-service rather than table service by restaurant employees;
c. Disposable containers and utensils;
d. A kitchen area in excess of 50% of the total floor area; or
e. A cafeteria or delicatessen shall not be deemed a fast food restaurant for the
purposes of this Land Development Code.
Restaurant, sit-down: A restaurant where food is ordered from a menu normally while
seated at a table, and where table service is provided. Cafeterias are deemed sit-down
restaurants for the purposes of this Land Development Code.
Restaurant, walk-up: A fast food facility with one or more walk-up windows. This type
of facility has no indoor eating or drive-through windows, but may have outdoor seating.
A “Food Truck” is not a permanent structure and there are no LDC provisions relating to the use
and operation of a “Food Truck”. There are numerous Collier County code provisions that govern
and regulate where and how a restaurant may operate. There are no such code provisions
relating to “Food Truck Parks”. Furthermore, restaurant sizes are specifically limited in the C-2
and C3 Zoning Districts. A Food Truck Park could collectively exceed the square footage limitation
for a restaurant because the food truck is not considered a permanent structure and does not
count towards a restaurant’s square footage. In addition, food truck park could include multiple
acres, have an unlimited number of food trucks, allow hundreds of patrons, include an outdoor
bar, include an outdoor band area and not exceed the permanent structure limitations associated
with a restaurant. The very nature of a Food Truck Park is more like an
amusement/entertainment use and not a restaurant use.
Other communities that have specifically addressed “Food Truck Park” and “Food Trucks” have
included restrictions specifically for this use. Evanston, Illinois for example prohibits a “Food
Truck” from being located within 100’ of a fixed location restaurant, unless consent is provided
by the restaurant owner. Evanston also establishes separation standards from a school, prohibits
outside amplified sound, limits hours of operation and requires access to restroom facilities.
Similarly, Raleigh, North Carolina regulates food trucks by setting licensing guidelines,
establishing a separation from residential zones, maximizing the number of mobile vendors that
may congregate, and only permitting amplified sound by City Council approval.
These and many other communities have distinguished a “Food Truck” from a restaurant use due
to the obvious physical and operational differences compared to a conventional restaurant.
While some communities have embraced “Food Trucks” and “Food Truck Parks” as an
opportunity to expand food choices within a community, most have also established clear
permitting guidelines for this use in order to protect the health, safety and welfare of their
8.C.1
Packet Pg. 182 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Ms. Anita Jenkins, Planning and Zoning Director
RE: Request for Official Interpretation
April 15, 2021
Page 5 of 6
communities.
These communities have recognized the unique characteristics of a “Food Truck” and “Food Truck
Park” and determined that without location and operational standards the use is not permitted.
The ITE Manual only recently began to include the use category for a “Food Court Pod” as a
service industry. The study area was based only in Oregon and looked only at a limited number
of sites and may not reflect the traffic associated with a Food Truck Park in Southwest Florida,
which has year-round outdoor dining opportunities. Depending on the location a Food Truck
Park, may generate far greater and vastly different traffic volume and associated vehicles
associated with the use. The LDC does not contemplate a “Food Truck Park” and does not
establish parking requirements for the use. Depending on the location of such a “Food Truck
Park”, parking and other impacts may not be similar to that of a brick-and-mortar restaurant use.
With regard to Business practices and activities, a “Food Truck Park” by its nature will have almost
all activities occurring outdoors, with little if any indoor dining or activity. Further, the mobile
nature of the food trucks themselves require sources of power often in the form of a portable
generator, which generates noise and odor, which without control may be incompatible with
nearby residences, schools, or business activities. The use is largely an outdoor use with regard
to dining and patron congregation, lawn games, and often an emphasis on outdoor
entertainment, including live or amplified music. If not properly located and regulated, the use
could quickly take on a party or amusement park atmosphere, which would be clearly
incompatible with surrounding residential uses or other business operations.
In my professional planning opinion, a “Food Truck Park” is not a permitted use contemplated in
the Collier County LDC, nor does it meet the standards for the Hearing Examiner to determine
that the use is a comparable land use to other uses permitted in the C-2 and C-3 Zoning Districts
and commercial components a PUD. Without specific limitations, guidelines, and standards for
a “Food Truck Park”, this use cannot be determined to have no impact on neighboring properties
with regard to noise, glare, or odor, nor would it be compatible in all instances given the location
of the County’s commercial zoning districts which in many cases are proximate to residential
uses. Further, every PUD is unique and clearly a “Food Truck Park” would not be compatible in
every commercial component of a PUD where for instance a restaurant use is allowed. Collier
County has limited the location and effectively the number of other uses in our community based
on the real and perceived impacts of that use. For instance, a convenience store with fuel pumps
is subject to a very specific set of development standards that controls location, building
architecture and signage, landscape buffers and building placement. Many other uses require a
conditional use approval which is a public hearing process to enable the public to provide input.
Given the unique nature of a “Food Truck Park” it is my professional expert opinion that a Food
Truck Park is not comparable or compatible with other permitted uses found in the C-2 and C-3
Zoning Districts and commercial components of a PUD and therefore, are not permitted uses in
8.C.1
Packet Pg. 183 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
Ms. Anita Jenkins, Planning and Zoning Director
RE: Request for Official Interpretation
April 15, 2021
Page 6 of 6
those districts. Accordingly, we are requesting an official interpretation that Food truck Parks are
not permitted uses in the C-2 and C-3 Zoning Districts and commercial components of a PUD.
Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions.
Sincerely,
D. Wayne Arnold, AICP
warnold@gradyminor.com
c: FCC Beach & Yacht, LLC
Richard D. Yovanovich
GradyMinor File (GBFI-21)
8.C.1
Packet Pg. 184 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
1
VelascoJessica
From:Sharon Umpenhour <SUmpenhour@gradyminor.com>
Sent:Friday, April 16, 2021 10:12 AM
To:VelascoJessica; BellowsRay
Cc:JenkinsAnita; AshtonHeidi
Subject:RE: Official Interpretation
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Hi Jessica,
No additional documents and not site specific.
Thanks.
Sharon Umpenhour
Senior Planning Technician
From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov>
Sent: Friday, April 16, 2021 10:10 AM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>; Sharon Umpenhour <SUmpenhour@gradyminor.com>
Cc: JenkinsAnita <Anita.Jenkins@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Subject: RE: Official Interpretation
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Also,
Can you confirm that this is request is not for a site specific location.
Respectfully,
Jessica Velasco
Client Services, Project Coordinator
Operations and Regulatory Management Division
“We’re committed to your success!”
Exhibit "C"8.C.1
Packet Pg. 185 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
2
Jessica.velasco@colliercountyfl.gov
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone (239) 252-2584
Visit our website at: www.colliercountyfl.gov
NOTE: Email Address Has Changed
2800 North Horseshoe Drive, Naples Florida 34104
Client Services: 239.252.1036 Phone: 239.252.2584
How are we doing?
The Operations & Regulatory Management Division wants to hear from you!
Please take our online SURVEY.
We appreciate your feedback!
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
From: VelascoJessica
Sent: Friday, April 16, 2021 10:03 AM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>; Sharon Umpenhour <SUmpenhour@gradyminor.com>
Cc: JenkinsAnita <Anita.Jenkins@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Subject: RE: Official Interpretation
Hi Sharon,
It looks like this application type is not open on the portal but I will process it through, link your portal account and send
you the payment slip shortly.
Please let me know if there are any additional documents that you’d like to add.
Respectfully,
Jessica Velasco
Client Services, Project Coordinator
Operations and Regulatory Management Division
“We’re committed to your success!”
Jessica.velasco@colliercountyfl.gov
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone (239) 252-2584
8.C.1
Packet Pg. 186 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
3
Visit our website at: www.colliercountyfl.gov
NOTE: Email Address Has Changed
2800 North Horseshoe Drive, Naples Florida 34104
Client Services: 239.252.1036 Phone: 239.252.2584
How are we doing?
The Operations & Regulatory Management Division wants to hear from you!
Please take our online SURVEY.
We appreciate your feedback!
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
From: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Sent: Friday, April 16, 2021 9:21 AM
To: Sharon Umpenhour <SUmpenhour@gradyminor.com>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>
Cc: JenkinsAnita <Anita.Jenkins@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Subject: FW: Official Interpretation
Hi Sharon,
I checked City View for an earlier OI and found the project type. I have copied Jessica to see if she can assist you.
Respectfully,
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
From: Sharon Umpenhour <SUmpenhour@gradyminor.com>
Sent: Friday, April 16, 2021 8:24 AM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Cc: JenkinsAnita <Anita.Jenkins@colliercountyfl.gov>; Wayne Arnold <WArnold@gradyminor.com>
Subject: Official Interpretation
8.C.1
Packet Pg. 187 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
4
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good morning Ray,
How do I file a request for Official Interpretation? There is no project type in City View.
Attached is the application and request letter.
Regards,
Sharon Umpenhour
Senior Planning Technician
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Phone - 239.947.1144
Fax - 239.947.0375
Email - sumpenhour@gradyminor.com
Web - http://www.gradyminor.com
DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is intended only for the addressee(s) named
above and may contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following
conditions: The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved
and certified "plan of record" along with actual project site conditions. Q. Grady Minor & Associates, P.A. reserves the right to revise, update and improve its
electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
8.C.1
Packet Pg. 188 Attachment: Exhibit-A-Appeal-Application-And-Exhibits (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and
8.C.2
Packet Pg. 189 Attachment: legal ad - agenda ID 20035 (20035 : Grider Appeal of the Official Intepretation for a food truck park in the C-2 and C-3 Zoning