Resolution 2021-216 RESOLUTION NO. 2021 — 216
A RESOLUTION APPROVING AN APPEAL OF OFFICIAL
INTERPRETATION INTP-PL20210000943 AND FINDING THAT A
FOOD TRUCK PARK IS NOT A PERMITTED USE IN THE C-2 AND C-3
ZONING DISTRICTS. [PL20210002121]
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County; and
WHEREAS, FCC Beach & Yacht, LLC filed a request for an official interpretation of the
Land Development Code seeking to confirm that a food truck park is not a permitted use in the
Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning
districts or any commercial component of a Planned Unit Development; and
WHEREAS, on August 4, 2021 the Zoning Director issued Official Interpretation INTP-
PL20210000943 (the "Official Interpretation") finding that a food truck park is a permitted use
in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3)
zoning districts; and
WHEREAS, on August 24, 2021, an appeal of the Official Interpretation was submitted
by Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC
Beach & Yacht, LLC, owners of property within 300 feet of the proposed food truck park; and
WHEREAS, on October 12, 2021, the Board of County Commissioners, acting as the
Board of Zoning Appeals (the "Board"), held a properly noticed public hearing to consider
Petition ADA-PL20210002121; and
WHEREAS, all interested parties have been given the opportunity to be heard by this
Board in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board finds that a food truck park is not a permitted use in the Commercial
Convenience District (C-2) and Commercial Intermediate District (C-3) zoning
districts.
2. Petition Number ADA-PL20210002121, submitted by Richard D. Yovanovich, Esq.,
of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach & Yacht, LLC, is
[21-CPS-02139/1674471/2]
Isle of Capri-Food Truck Park(ADA) 1 of 2
PL20210002121
hereby APPROVED in accordance with the record of the proceedings of the public
hearing held before the Board of County Commissioners, acting as the Board of
Zoning Appeals, on October 12, 2021.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted by the Board after motion, second and majority vote
this 12th day of October, 2021.
ATTEST: BOARD OF ZONING APPEALS
CRYSTAj lc,KINZEL, CLERK COLLIE 0 TY, FLORIDA
f
B} : (�,� By:
tt@0t at1'S eputy ClerZc Penny Taylo hairman
Ana r
24 Approve•
as, o or/i and le.al' •
iI ov
'ilia., L.
Jeffrey A ! lat il ow
County A tor •
[21-CPS-02139/1674471/2]
Isle of Capri-Food Truck Park(ADA) 2 of 2
PL20210002121