Agenda 01/23/2024 Item #16A 7 (LDC amendment regarding food trucks and food truck parks)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
January 23, 2024
Correct placement of move Item 16B2 to Item 17C: Recommendation that the Board approve a proposed
Ordinance Modification to Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service
Taxing Unit (MSTU), to reestablish an advisory committee to provide input to the County on matters related to
the MSTU. (Staff’s Request)
Move Item 16a7 to Item 11C: Recommendation to waive the nighttime hearing requirement and hear a Land
Development Code amendment regarding food trucks and food truck parks at two regularly scheduled daytime
Board of County Commissioner meetings and approve a request to advertise the Land Development Code
Amendment. (Commissioner Saunders’ Request)
Add-on Item 10B to be heard immediately following 4A: Presentation from the Productivity Committee
regarding Outsourcing vs Insourcing of Transportation Engineering Construction Engineering Inspection Services
(CEI) (Commissioner Saunders’ Request)
Add-on Item 10C: Recommendation to approve acceptance of 80 to 100 donated air purifiers from Carrier Air
and direct staff to implement a program for distribution to Collier County non-profit organizations, by application,
with priority given to healthcare facilities and organizations that offer short-term or long-term residential services.
(Commissioner Saunders’ Request)
Continue Items 9A & 9B to the February 27, 2024 BCC Meeting: Mattson at Vanderbilt GMPA (PL20220001010)
and PUDZ (PL20220001011) (Applicant’s Request)
Notes:
Staff Communication item: Update related to the recent Boil Water notice in North Collier and community
communication. (Commissioner Saunders’ Request)
TIME CERTAIN ITEMS:
Item 10B to be heard immediately following 4A: Productivity Committee Presentation.
Item 10A to be heard at 5PM: Moratorium ordinance on privately-initiated Growth Management Plan
amendment applications.
1/23/2024 11:42 AM
01/23/2024
EXECUTIVE SUMMARY
Recommendation to waive the nighttime hearing requirement and hear a Land Development Code
amendment regarding food trucks and food truck parks at two regularly scheduled daytime Board of
County Commissioner meetings and approve a request to advertise the Land Development Code
Amendment.
_____________________________________________________________________________________
OBJECTIVE: To waive the nighttime hearing requirement and advertise a Land Development Code (LDC)
amendment at two regularly scheduled daytime hearings.
CONSIDERATIONS: On October 21, 2021, the Board of County Commissioners (Board) directed staff to
advertise and bring back for public hearing an LDC amendment regulating food truck parks with alcohol sales
and/or amplified sound providing outdoor entertainment as a conditional use in base zoning districts. The Board of
Zoning Appeal’s (BZA) primary concern was the impact a food truck park had on the surrounding residential
neighborhoods, particularly the issues of noise (outdoor amplified music) and alcohol consumption occurring at a
bar/dance stage area (entertainment) such as Celebration Park Food Truck Park. Staff has studied the effects upon
neighboring properties for the permanent and temporary placement of mobile food trucks as well as the common
code and design standards of 20 communities (15 within Florida). This amendment introduces LDC section
5.05.16 and allows mobile food trucks and food truck parks either by right or conditional use.
Without a waiver to a nighttime hearing, because this LDC amendment includes a proposed change to the list of
permitted and conditional uses on lands that potentially can be greater than 10 acres, LDC section 10.03.06 K
requires two Board hearings with at least one hearing held after 5:00 p.m. on a weekday. However, the Board may
elect to conduct the hearing by a supermajority vote at another time of day instead.
Prior to the Board’s review, this LDC amendment (LDCA-PL20220006373) was reviewed by the Collier County
Planning Commission (CCPC) on Thursday, December 7, 2023, at 5:05 p.m. It is staff's opinion that the public had
an opportunity to address their concerns at this nighttime advertised hearing and that a nighttime hearing by the
Board will not be necessary. The CCPC unanimously recommended approval, subject to Greater Naples Fire
Rescue District's recommended textual change, and there was no public opposition.
FISCAL IMPACT: The costs associated with processing and advertising the proposed LDC amendment are
estimated at $2,016. Funds have been allocated within the Unincorporated Area General Fund (1011) and the
Comprehensive Planning Cost Center (138317).
LEGAL CONSIDERATIONS: This item is approved as to form and legality. Pursuant to Section 10.03.06.K, an
affirmative vote of four is needed to waive the night hearing. -DDP
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To waive the nighttime hearing requirement and hear a Land Development Code
amendment regarding food trucks and food truck parks at two regularly scheduled daytime hearings and approve
the request to advertise the Land Development Code amendment.
Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (PDF)
16.A.7
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01/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 27356
Item Summary: Recommendation to waive the nighttime hearing requirement and hear a Land Development
Code amendment regarding food trucks and food truck parks at two regularly scheduled daytime Board of County
Commissioner meetings and approve a request to advertise the Land Development Code Amendment.
Meeting Date: 01/23/2024
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
12/19/2023 5:31 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
12/19/2023 5:31 PM
Approved By:
Review:
Zoning Mike Bosi Additional Reviewer Completed 12/20/2023 1:42 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 12/26/2023 9:01 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
12/26/2023 11:57 AM
Growth Management Community Development Department Diane Lynch Department review Completed
01/02/2024 12:45 PM
Growth Management Community Development Department James C French Growth Management Completed
01/09/2024 2:02 PM
County Attorney's Office Derek D. Perry Additional Reviewer Completed 01/16/2024 10:01 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2024 10:06 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/16/2024 10:22 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/16/2024 10:45 AM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 01/16/2024 5:52 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM
16.A.7
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220006373
SUMMARY OF AMENDMENT
Th is Land Development Code (LDC) amendment shall establish the
provisions for Food Truck Parks as a conditional use in the C-3, C-4, C-5
Commercial, BP-Business Park, I -Industrial, and PU -Public Use Zoning
Districts. It defines a Food Truck Park, a Mobile Food Dispensing Vehicle
(MFDV), sets forth specific development standards for Mobile Food Truck
Parks, and provides for the accessory use of MFDVs. This LDC amendment
requires a companion amendment to the Administrative Code for Land
Development. LDC amendments are reviewed by the Board, Collier County
Planning Commission (CCPC), Development Services Advisory Committee
(DSAC), and the Land D evelopment Review Subcommittee of the DSAC
(DSAC-LDR).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATE S LDC SECTION TO BE AMENDED
BCC 01/23/2024 1.08.02
2.03.03
2.03.04
2.03.05
4.05.04
5.05.16
Definitions
Commercial Zoning Districts
Industrial Zoning District s
Civic and Institutional Zoning Districts
Parking Space Requirements
Mobile Food Dispensing Vehicles and Food Truck Parks (New
Section)
CCPC 12/07/2023
DSAC 11/01/2023
DSAC-LDR 10/17/2023
ADVISORY BOARD RECOMMENDATIONS
DSAC -LDR
Approval with recommendation
DSAC
Approval with recommendation
CCPC
Approval with recommendation
BACKGROUND
On October 12, 2021, after hearing an appeal of an official interpretation of a comparable use determination, the
Board of Zoning Appeals (BZA) determined that a food truck park is not a permitted use but rather is a site specific
use for a parcel of land in the C-3 zoning district. The BZA directed staff to bring back a n LDC amendment
supporting the conditional use process for Food Truck Parks. Their primary concern was the impacts that a food
truck park would have on the surrounding residential neighborhoods, particularly the issues of noise (outdoor
amplified music) and alcohol consumption occurring at the bar/dance stage area (entertainment) at Celebration Park
Food Truck Court off of Bayshore Drive. The BZA recognized the need to adopt development standards specific to
mobile food dispensing vehicles that permanently operate in a food truck park rather than as temporary and
transportable retail food facilities or itinerant catering service. It further became confusing to licensed food truck
operato rs and to the public that there are no specific standards or existing code provisions for the permanent
placement of mobile food dispensing vehicles (MFDVs), and that an active, social, pedestrian friendly, and
integrative entertainment environment would b e difficult to attain countywide on a daily basis by right of use. Where
located in a designated area, a concentrated number of mobile food dispensing vehicles eating options can create the
feel of a street festival and promote social interactions and emp loyment opportunities.
When fixed food trucks, with or without outdoor seating, are sustained in a permanent location, they require a potable
water source, waste water disposal site, central propane tank, minimum separation distances between vehicles and
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fire hydrants, access to restrooms, adequate lighting, landscaping, and off -street parking areas. The required off-
street parking areas must be located in a manner so as not to block accessways, walkways, driveways, loading zones
or interfere with the site’s circulation ways. A n additional consideration is to minimize any unnecessary noise or
fumes to surrounding residential properties in working relationship with generators.
The Florida Statutes defines a “mobile food dispensing vehicle.” This definition and other related def initions are
provided in Exhibit A.
Food truck parks can serve as vibrant public spaces where a variety of activities take place and provide a unique
setting for the service of food in areas that have historically not been serviced by a concentration of traditional
restaurants. In addition, several images of Food Truck Parks are illustrated in Exhibit B. Left unaddressed and
unplanned, multiple mobile food dispensing vehicles can congest sidewalks, streets, become unsanitary, and form
an imposing wall th at can block views and access to the face of other buildings or structures without appropriate
screening or design standards.
This amendment addresses the pedestrian -oriented, permanent placement of MFDVs with entertainment activities as
opposed to trans portable or temporary retail food vehicles that are parked at or nearby an existing restaurant, retail
strip center, or allowed by a special event permit. Staff compared site development plans for food truck parks
approved in the County and compared them to the requirements and standards that were adopted in other jurisdictions.
This research reveals certain commonalities and improvements, which support the proposed design standards and
requirements. It sets forth recommendations to protect public health , safety, and evade congestion concerns as
hazards to traffic and pedestrian movement, life or property, or an obstruction to the adequate access to fire, refueling
of gas tanks, restrooms, parking, and refuse. For example, in 2021, numerous fire code vio lations had been cited at
the Celebration Food Truck Park , which eventually was resolved. Additionally, a notice of violation had been issued
for an existing gas station site that had been operating permanent food trucks and outdoor seating without a temp orary
use permit for special sales event or an approved site development plan (see Exhibit D).
Per LDC section 10.08.00, this amendment requires a conditional use approval by the BZA for a permanent food
truck park with alcohol sales, amplified sound and outdoor entertainment , that if controlled as to the number, area,
location, or relation to the n eighborhood would be compatible and promote the public health, safety, and general
welfare. It introduces specific requirements, a definition for both a n MFDV and MFTP, and allows by right, an
MFDV as an accessory use to an existing business establishment . Further, it allows a n MFTP as a permitted use,
devoid of alcohol sales or outdoor amplified sound with entertainment.
The zoning districts where an MFTP may be conditionally approved are in the C-3, C-4, C-5, I, BP, and PU districts.
The DBPR’s Mobile Food Dispensing Vehicle Plan Review Application is provided in Exhibit C.
DSAC-LDR Subcommittee Recommendation: The DSAC-LDR Subcommittee recommended approval by
incorporating the term “full cutoff” outdoor lighting fixtures and not “fully shielded”. This change has been
incorporated into the amendment as follows:
“Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting away from adjacent
property. Nuisance lighting, such as, flashing or stro bing lights, shall be prohibited.”
It was also approved “to add a point contact should be onsite at all times to address restroom availability, fire
department issues, emergencies and other situations.” The proposed Administrative Code amendment has included
a point of contact requirement in the subsection, “Application Contents”.
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DSAC Recommendation: The DSAC recommended approval with the following changes:
• In section 5.05.16 D.2, a wall maybe higher than 6 feet. Reword the statement “ … unless there is at least
an intervening 6 -foot tall concrete or masonry wall” to read “…unless there is a concrete or masonry wall
at least six feet in height”.
• In section 5.06.16 F.2, replace the word “MFDV pads” with “MFDV designated areas”.
• Stipulate the amendment shall only apply to new food truck parks after the date of the adoption of the
ordinance. Staff, with the advice by the CAO, has determined this stipulation is not necessary and prior
approved Food Truck Parks and site plans with MFDVs shall be nonconforming per LDC section 9.03.00.
• Staff shall review text in LDC section 2.03.06 with the County Attorney’s Office prior to the Planning
Commission meeting, to see if there is an oppo rtunity for MFVD and FTP to be a permissible use in
commercial PUD districts or make a cross reference to similar uses. After meeting with the CAO, LDC
sub sections 5.05.16 E.1 and E.3 have been revised to require a comparable use determin ation for PUD
districts and similar uses.
CCPC Recommendation: The Planning Commission unanimous recommended approval (6 -0) with the following
Greater Naples Fire Rescue District’s change:
• In section 5.05.16 D.3.e., include “fire lanes and access roads” and in section 5.05.16 F.1 require connections
to propane occur “with breakaway connections”.
FISCAL & OPERATIONAL IMPACTS
The cost associated with processing and
advertising the proposed LDC amendment
are estimated at $2,016. Funds have been
allocated within Unincorporated Area
General Fund (111), Comprehensive
Planning Cost Center (138317). There will be
application fees associated with the
conditional use approval process.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Florida Statutory References; B) Food Truck Park Examples; C) DBPR HR-7006 -
Division of Hotels and Restaurants Mobile Dispensing Vehicle Plan Review Application ; and D) Code
Violation Photos.
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Amend the LDC as follows:
1.08.02 – Definitions 1
2
* * * * * * * * * * * * * 3
4
Flowway: A natural or manmade swath of land, varying in width and length, providing for 5
the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north 6
to south, and providing beneficial wildlife habitat and aquifer recharge. 7
8
Food truck park: A type of establishment under common ownership where food is offered 9
for sale or sold to the public from mobile food dispensing vehicle (s), either self -propelled or non-10
self -propelled. Food truck parks may include shared accessory uses, such as public seating, 11
permanent utilities, and support services and facilities. See LDC section 5.05.16. 12
13
* * * * * * * * * * * * * 14
15
Mixed use project approval process: A process by which a land owner may petition for 16
approval of a mixed use project — a mix of commercial and residential uses, as provided for in 17
certain zoning overlay districts. If located within certain subdistricts in the Bayshore Zoning 18
Overlay Distric t or the Gateway Triangle Zoning Overlay District, such a petition may include a 19
request for increased density by use of density bonus pool units. 20
21
Mobile food dispensing vehicle (MFDV): Any vehicle that is a public food service 22
establishment and that is self -propelled or otherwise movable from place to place and includes 23
self -contained utilities, including but not limited to gas, water, electricity, or liquid waste disposal , 24
sometimes referred to as a food truck or trailer or food cart, registered and regulated by the Florida 25
Department of Business Regulation requiring a mobile food vendor license subject to F.S. 26
Sections 509.101 and 509.241. See LDC section 5.05.16. 27
28
* * * * * * * * * * * * * 29
# # # # # # # # # # # # # 30
31
2.03.03 – Commercial Zoning Districts 32
33
* * * * * * * * * * * * * 34
35
C. Commercial Intermediate District (C -3). The purpose and intent of the commercial 36
intermediate district (C-3) is to provide for a wider var iety of goods and services intended 37
for areas expected to receive a higher degree of automobile traffic. The type and variety 38
of goods and services are those that provide an opportunity for comparison shopping, 39
have a trade area consisting of several neighborhoods, and are preferably located at the 40
intersection of two-arterial level streets. Most activity centers meet this standard. This 41
district is also intended to allow all of the uses permitted in the C -1 and C-2 zoning 42
districts typically aggregated in planned shopping centers. This district is not intended 43
to permit wholesaling type of uses, or land uses that have associated with them the need 44
for outdoor storage of equipment and merchandise. A mixed -use project containing a 45
residential component is permitted in this district subject to the criteria established 46
herein. The C-3 district is permitted in accordance with the locational criteria for 47
commercial and the goals, objectives, and policies as identified in the future land use 48
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element of the Collier County GMP. The maximum density permissible in the C -3 district 1
and the urban mixed use land use designation shall be guided, in part, by 2
the density rating system contained in the future land use element of the Collier County 3
GMP. The maximum density perm issible or permitted in the C-3 district shall not exceed 4
the density permissible under the density rating system. 5
6
1. The following uses, as identified with a number from the Standard Industrial 7
Classification Manual (1987), or as otherwise provided for w ithin this section are 8
permissible by right, or as accessory or conditional uses within the commercial 9
intermediate district (C -3). 10
11
a. Permitted uses. 12
13
* * * * * * * * * * * * * 14
15
36. Food stores (groups 5411—5499) with 5,000 square feet or less 16
of gross floor area in the principal structure. 17
37. Food truck parks with no alcohol or amplified sound providing 18
outdoor entertainment, subject to LDC section 5.05.16. 19
3837. Funeral services (7261, except crematories). 20
21
Renumber remainder of list 22
23
* * * * * * * * * * * * * 24
25
c. Conditional uses. The following uses are permissible as conditional 26
uses in the commercial intermediate district (C -3), subject to the 27
standards and procedures established in LDC sections 4.02.02 and 28
10.08.00. 29
30
* * * * * * * * * * * * * 31
32
10. Food stores with greater than 5,000 square feet of gross floor 33
area in the principal structure (groups 5411—5499). 34
11. Food truck parks with alc ohol and/or amplified sound providing 35
outdoor entertainment, subject to LDC section 5.05.16. 36
1211. Health services (8071, 8092, and 8099). 37
1312. Homeless shelters. 38
39
Renumber remainder of list 40
41
* * * * * * * * * * * * * 42
43
D. General Commercial District (C -4). The general commercial district (C -4) is intended to 44
provide for those types of land uses that attract large segments of the population at the 45
same time by virtue of scale, coupled with the type of activity. The purpose a nd intent of 46
the C-4 district is to provide the opportunity for the most diverse types of commercial 47
activities delivering goods and services, including entertainment and recreational 48
attractions, at a larger scale than the C -1 through C-3 districts. As such, all of the uses 49
permitted in the C-1 through C-3 districts are also permitted in the C -4 district. The 50
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outside storage of merchandise and equipment is prohibited, except to the extent that it 1
is associated with the commercial activity conducted on-site such as, but not limited to, 2
automobile sales, marine vessels, and the renting and leasing of equipment. Activity 3
centers are suitable locations for the uses permitted by the C -4 district because most 4
activity centers are located at the intersection of arterial roads. Therefore, the uses in 5
the C-4 district can most be sustained by the transportation network of major roads. The 6
C-4 district is permitted in accordance with the locational criteria for uses and the goals, 7
objectives, and policies as identified in the future land use element of the Collier County 8
GMP. The maximum density permissible or permitted in a district shall not exceed 9
the density permissible under the density rating system. 10
11
1. The following uses, as defined with a number from the Stand ard Industrial 12
Classification Manual (1987), or as otherwise provided for within this section are 13
permissible by right, or as accessory or conditional uses within the general 14
commercial district (C -4). 15
16
a. Permitted uses . 17
18
* * * * * * * * * * * * * 19
20
57. Food stores (groups 5411—5499). 21
58. Food truck parks with no alcohol and/or amplified sound providing 22
outdoor entertainment, subject to LDC section 5.05.16. 23
5958. Funeral services (7261, except crematories). 24
25
Renumber remainder of list 26
27
* * * * * * * * * * * * * 28
29
c. Conditional uses. The following uses are permissible as conditional 30
uses in the general commercial district (C -4), subject to the standards 31
and procedures established in LDC sections 4.02.02 and 10.08.00. 32
* * * * * * * * * * * * * 33
11. Fishing, hunting and trapping (0912—0919). 34
12. Food truck parks with alcohol and/or amplified sound providing 35
outdoor entertainment, subject to LDC section 5.05.16. 36
1312. Fuel dealers (5983-5989) 37
38
Renumber remainder of list 39
40
E. Heavy Commercial District (C-5). In addition to the uses provided in the C -4 zoning 41
district, the heavy commercial district (C -5) allows a range of more intensive commercial 42
uses and services which are generally those uses that tend to utilize outdoor space in 43
the conduct of the business. The C -5 district permits heavy commercial services such 44
as full-service automotive repair, and establishments primarily engaged in construction 45
and specialized trade activities such as contractor offices, plumbing, heating and air 46
conditioning services, and similar uses that typically have a need to store construction - 47
associated equipment and supplies within an enclosed structure or have showrooms 48
displaying the building material for which they specialize. Outdoor storage yards are 49
permitted with the requirement that such yards are completely enclosed or opaquely 50
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screened. The C-5 district is permitted in accordance with the locational criteria for uses 1
and the goals, objectives, and policies as identified in the future land use element of the 2
Collier County GMP. 3
4
1. The following uses, as identified with a number from the Standard Industrial 5
Classification Manual (1987), or as otherwise provided for within this section are 6
permissible by right, or as an accessory or conditional uses within the heavy 7
commercial district (C -5). 8
9
a. Permitted uses. 10
11
* * * * * * * * * * * * * 12
13
68. Food stores (groups 5411—5499). 14
69. Food truck parks with no alcohol and/or amplified sound providing 15
outdoor entertainment, subject to LDC section 5.05.16. 16
7069. Funeral services (7261). 17
18
* * * * * * * * * * * * * 19
20
c. Conditional uses. The following uses are permissible as conditional 21
uses in the heavy commercial district (C -5), subject to the standards and 22
procedures established in LDC sections 4.02.02 and 10.08.00. 23
24
* * * * * * * * * * * * * 25
26
6. Farm product raw materials (5153—5159). 27
7. Food truck parks with alcohol and/or amplified sound providing 28
outdoor entertainment, subject to LDC section 5.05.16. 29
87. Fuel dealers (5983—5989) 30
31
Renumber remainder of list 32
33
* * * * * * * * * * * * * 34
35
# # # # # # # # # # # # # 36
37
2.03.04 – Industrial Zoning Districts 38
39
A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 40
for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 41
Service and commercial activities that are related to manufacturing, processing, storage 42
and warehousing, wholesaling, and distribution activities, as well as commercial uses 43
relating to automotive repair and heavy equipment sales and repair are also permissible 44
in the I district. The I district corresponds to and implements the industrial land use 45
designation on the future land use map of the Collier County GMP. 46
47
1. The following uses, as identified w ithin the Standard Industrial Classification 48
Manual (1987), or as otherwise provided for within this section, are permitted as 49
a right, or as accessory or conditional uses within the industrial district (I). 50
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1
a. Permitted uses. 2
3
* * * * * * * * * * * * * 4
5
18. Food and kindred products (2011—2099, except slaughtering 6
plants). 7
19. Food truck parks with no alcohol and/or amplified sound providing 8
outdoor entertainment, subject to LDC section 5.05.16. 9
2019. Furniture and fixtures (2511—2599). 10
11
* * * * * * * * * * * * * 12
13
c. Conditional uses. The following uses are permitted as conditional 14
uses in the industrial district (I), subject to the standards and procedures 15
established in LDC section 10.08.00. 16
17
* * * * * * * * * * * * * 18
19
7. Food and kindred products (2011 and 2048 including 20
slaughtering plants for human and animal consumption). 21
8. Food truck parks with alcohol and/or amplified sound providing 22
outdoor entertainment, subject to LDC section 5.05.16. 23
98. Heliports/Helistops, public and private: For restrictions and 24
conditions see LDC section 5.05.14 Heliports and Helistops. 25
26
Renumber remainder of list 27
28
* * * * * * * * * * * * * 29
30
B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 31
provide a mix of industrial uses, corporate headquarters offices and business/professional 32
offices which complement each other and provide convenience services for the employees 33
within the district; and to attract businesses that create high value -added jobs. It is 34
intended that the BP district be designed in an attractive park -like environment, with low 35
structural density and large landscaped areas for both the functional use of buffering and 36
enjoyment by the employees of the BP district. The BP district is permitted by the urban 37
mixed use, urban commercial, and urban-industrial districts of the future land use element 38
of the Collier County GMP. 39
40
1. The following uses, as identified within the latest edition of the Standard Industrial 41
Classification Manual, or as otherwise provided for within this section, are 42
permitted as of right, or as uses accessory to permitted primary or secondary 43
uses, or are conditional uses within the business park district. 44
45
a. Permitted primary uses . One hundred percent of the total business park 46
district acreage is allowed to be developed with the following uses: 47
48
* * * * * * * * * * * * * 49
50
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12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096, 1
2098, 2099). 2
13. Food truck parks with no alcohol and/or amplified sound providing 3
outdoor entertainment, subject to LDC section 5.05.16. 4
1413. Furniture and fixtures manufacturing (2511—2599). 5
6
Renumber remainder of list 7
8
* * * * * * * * * * * * * 9
10
d. Conditional uses: 11
12
1. Ancillary plants. 13
2. Food truck parks with alcohol and/or amplified sound providing 14
outdoor entertainment, subject to LDC section 5.05.16. 15
32. Vehicle racing - applicable to the Immokalee Regional Airport only. 16
17
* * * * * * * * * * * * * 18
19
# # # # # # # # # # # # # 20
21
2.03.05 – Civic and Institutional Zoning Districts 22
23
A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 24
only local, state and federally owned or leased and operated government facilities that 25
provide essential public services. The P district is intended to facilitate the coordination of 26
urban services and land uses while minimizing the potential disruption of the uses of 27
nearby properties. 28
29
1. Any public facilities that lawfully existed prior to the effective date of this Code and 30
that are not zoned for public use district (P) are determined to be conforming with 31
these zoning regulations. 32
2. Any future expansion of these public facilities on lands previously reserved for their 33
use shall be required to meet the regulations in effect for the zoning district in which 34
the public facility is located. 35
3. Government-owned properties rented or leased to nongovernmental entities for 36
purposes not related to providing governmental services or support functions to a 37
primary civic or public institutional use shall not be zoned for t he public use district 38
(P), but rather, shall be zoned or rezoned according to the use types or the use 39
characteristics which predominate. 40
4. The following uses are permitted as of right, or as accessory or conditional uses, 41
in the public use district (P). 42
43
a. Permitted uses. 44
45
* * * * * * * * * * * * * 46
47
9. Libraries. 48
10. Food truck parks with no alcohol and/or amplified sound providing 49
outdoor entertainment, subject to LDC section 5.05.16. 50
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1110. Museums 1
2
Renumber remainder of list 3
4
* * * * * * * * * * * * * 5
6
c. Conditional uses. The following uses are permissible as conditional 7
uses in the public use district (P), subject to the standards and procedures 8
established in LDC section 10.08.00: 9
10
* * * * * * * * * * * * * 11
12
9. Mental health and rehabilitative facilities, not for profit. 13
10. Food truck parks with alcohol and/or amplified sound providing 14
outdoor entertainment, subject to LDC section 5.05.16. 15
1110. Resource recovery plants. 16
17
Renumber remainder of list 18
19
* * * * * * * * * * * * * 20
21
# # # # # # # # # # # # # 22
23
4.05.04 – Parking Space Requirements 24
25
* * * * * * * * * * * * * 26
27
G. Spaces required. 28
29
Table 17. Parking Space Requirements. 30
31
* * * * * * * * * * * * * 32
33
Flea market 1 per 50 square feet of sales area or 1 per vendor display
booth, whichever is greater.
Food truck parks 3 per mobile food dispensing vehicle and 1 per 4 outdoor
seats.
Funeral home/crematories 1 per 75 square feet for room used for services and chapels
and 1 per 300 square feet for all other uses.
34
* * * * * * * * * * * * * 35
36
# # # # # # # # # # # # # 37
38
5.05.16 – Mobile Food Dispensing Vehicles and Food Truck Parks 39
40
A. Purpose and intent. The purpose and intent of these regulations are to establish the 41
allowable operation, proper placement, and permitting of mobile food dispensing vehicles 42
(MFDVs) and/or f ood truck park s. 43
44
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B. Applicability. This section shall be applicable to f ood truck parks and MFDVs operating 1
as an accessory use or within food truck parks, as applicable. 2
3
C. Exemptions. MFDVs that are transient in nature and do not stop at a given location for 4
more than four hours (including set up and break down time) are not subject to this section. 5
6
D. Requirements and standards for all MFDVs. 7
8
1. One trash receptacle is required for each MFDV. 9
10
2. To reduce the potential impact on abutting residential uses, MFDVs shall not 11
operate a generator within 20 feet of a property developed with a residential use, 12
unless there is a concrete or masonry wall at least six feet in height. 13
14
3. No MFDV shall be placed upon or operate from any of the following: 15
16
a. Vacant or unimproved lots with the exception of a food truck park; 17
18
b. Required yards, open space, preserves, landscape buffers, or within 19
conservation or drainage easements; 20
21
c. Required parking spaces; 22
23
d. Public or private road rights-of -way or access easements; or 24
25
e. In such a manner as to block accessways, walkways, driveways, loading 26
zones, fire lanes, access roads, or otherwise interfere with vehicular or 27
pedestrian circulation. 28
29
E. Requirements and standards for ac cessory use m obile food dispensing vehicles. 30
31
1. Accessory use MFDVs shall operate from within a permanent designated area 32
constructed of material in conformance with LDC section 4.05.02 B.1., shown on 33
the site development plan and limited to a maximum of two MFDVs. These MFDVs 34
are allowed in zoning districts where a food truck park is a permissible use or as 35
determined to be comparable in nature to any non-residential use within a 36
Community Facilities, Commercial, Industrial or Mixed Use Planned Unit of 37
Development pursuant to LDC section 10.02.06 K. 38
39
2. The principal use shall provide restroom access for the operator and patrons of the 40
MFDV(s). 41
42
3. Accessory use MFDVs shall only operate during the principal use’s hours of 43
operation and without amplified sound providing outdoor entertainment or alcohol 44
sales unless approved by a comparable use determination. 45
46
F. Design standards for food truck parks. Food truck parks shall be subject to the following 47
additional standards and requirements: 48
49
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1. Each MFDV shall operate from within a permanent designated area constructed 1
of material in conformance with LDC section 4.05.02 B.1., shown on the site 2
development plan. Each MFDV designated area shall provide electrical hookup, 3
water and sewer connections, and connection to propane with breakaway 4
connections. If a central propane tank is utilized, it shall be buried underground. 5
6
2. A maximum of five MFDV designated areas shall be permitted for each acre of a 7
food truck park. 8
9
3. A minimum of two bicycle parking spaces shall be required for each MFDV 10
designated area. 11
12
4. Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting 13
away from adjacent property. Nuisance lighting, such as, flashing or strobing 14
lights, shall be prohibited. 15
16
# # # # # # # # # # # # 17
18
19
20
21
22
23
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Packet Pg. 295 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit A – Florida Statutory and Florida Administrative Code
References
13
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The Division of Hotels and Restaurants within the State Department of Business and Professional
Regulations (DBPR) is charged with enforcing the applicable laws relating to the inspection and regulation
of public food service establishments for the purpose of protecting the public health, safety, and welfare.
Food Trucks are regulated by DBPR as “mobile food dispensing vehicles ” (MFDVs). Section 509.102 (1)
F.S. defines the term to mean “…any vehicle that is a public food service establishment and that is self -
propelled or otherwise moveable from place to place and includes self -contained utilities, including, but
not limited to, gas, water, electricity and liquid waste disposal.”
Pursuant to Section 509.102 (2) F.S., “Regulation of MFDVs involving licenses, registrations, permits and
fees is preempted to the state. A municipality, county, or other local governmental entity may not require a
separate license, registration, or permit other than the license required under s.509.241, or require the
payment of any license, registration, or permit fee other than the fee required under s. 509.251, as a
condition for the operation of a mobile food dispensing vehicle within the entity’s jurisdiction. A
municipality, county, or other local governmental entity may not prohibit mobile food dispensing vehicles
from operation within the entirety of the entity’s juri sdiction.”
As defined by Section 509.013 (5)(a), a “ public food service establishment” means any building, vehicle,
place, or stru cture, or any room or division in a building, vehicle, place, or structure where food is prepared,
served, or sold for immediate consumption on or in the vicinity of the premises: called for or taken out by
customers; or prepared prior to being delivered to another location for consumption.”. Pursuant to Chapter
61 C-1.022 (5) F.A.C. Licensing and Inspection Requirements, mobi le food dispensing vehicles are
classified as (a.1) Nonseating public food service establishments as opposed to (b.1) Permanent seating
establishments. All MFDVs are required to have vehicle identification numbers and submit this number to
the division on the application for license.
A “temporary food service event” is defined in Section 509.013 F.S.(8) as “…any event of 30 days or less
in duration where food is sold is prepared, served, or sold to the general public.” DBPR’s guide to
temporary food service events states: “A temporary food service event is an event (carnival, fair, or other
celebration) of 30 days or less in duration where food is prepared, served, or sold to the general public and
is advertised and reco gnized in the community. A temporary food service establishment or vendor is a
participant at a temporary food service event .”
Pursuant to the State of Florida Department of Business and Professional Regulations HR -7031 Division
of Hotels and Restaurants , the Application for MFDV License with Plan Review states the following:
“A Mobile Food Dispensing Vehicle is a vehicle-mounted public food service establishment.
Some are self -propelled and built to travel on streets and others are not self -propelled b ut can be
moved from place to place. MFDVs may even be Watercraft.”
“Self-sufficient MFDVs are identified as those units that contain, as part of the vehicle, a three -
compartment sink with drain boards for washing, rinsing, and sanitizing equipment and utensils; a
separate handwash sink; a solid sliding customer service window; adequate refrigeration and
storage capacity; full provision of power utilities including electrical, LP gas, or a portable power
generation unit; a potable water holding tank; a h ot water tank or on demand water heater and a
liquid waste disposal system in accordance with Subparts 5 -3 and 5 -4 of the Food Code. Self -
Sufficient vehicles must have a location where water can be safely procured and where
wastewater can be legally disposed of. This location cannot be a private residence. Mobile food
dispensing vehicles are not allowed to obtain water from or dispose of wastewater at a private
16.A.7.a
Packet Pg. 296 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit A – Florida Statutory and Florida Administrative Code
References
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residence, or prepare food; store food products, equipment or utensils; or conduct ware washing
or any other activities related to the public food service in a private residence.”
“Unless Self-sufficient, MFDVs need a support site called a commissary. A commissary is a
public food service establishment licensed by the division or a food establishmen t permitted by
the Department of Agriculture and Consumer Services (FDACS) where the MFDV goes for
services that are not done on the vehicle.”
“A commissary is an approved food service establishment or other commercial location where
the MFDV goes for services that are not done on the vehicle. A commissary may provide a
potable water source or a wastewater disposal site. The MFDV’s operator may prepare, package
or store food at this location and use a three -compartment sink on the premises to wash and
sanitize equipment or utensils. Food containers or other supplies may be stored at the
commissary.”
Hot Dog Carts are MFDVs that limit food preparation to frank furters (hot dogs and precooked
sausages) only. Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities
including electrical, LP-gas, or a portable power generation unit; a portable water holding tank;
and a liquid waste disposal system in accordance with Subparts 5 -3 and 5 -4 of the Food Code. A
hot dog cart may be an open-air unit with overhead protection or a fully enclosed unit, but may
not be equipped with a three -compartment sink.”
F.A.C. Chapter 5K -4 Food
Pursuant to F.A.C. 5K-4.0010 Definitions.
(3) “Commissary means a support service location for a Mobile Food Establishment (MFE) that
meets all applicable requires of Chapter 500, F.S. and Chapter 5K -4, F.A.C.
The Florida Department of Agriculture and Consumer Services (FDACS), Division of Food
Safety states: “These approved Food Establishments must be permitted or licensed by Fl orida
Department of Agriculture and Consumer Services, Department of Business and Professional
Regulation (DBPR), or the Florida Department of Health (DOH). Locations such as catering
operations, restaurants, or grocery stores can be considered for approv al as an MFE Commissary.
When not required at the MFE, Commissaries may provide a three compartment sink for
washing, rinsing, and sanitation of equipment/utensils in addition to hand wash and restroom
facilities. Services required of the Commissary will be based on the food sold and the MFE type
and capabilities. A private residence may not be used as a Commissary.”
(8) “Mobile Food Establishments are Food Establishments that are self -propelled or otherwise
moveable from place to place such as a truck, trailer, or similar self-propelled conveyance or non-
permanent kiosk or table where pre -packaged food products are sold .”
Pursuant to F.A.C. 5K-4.0041 Mobile Food Establishments and Commissaries.
(1)(d), “Each Mobile Food Establishment shall report to a Commissary each day of operation, to
store or replenish supplies, clean utensils, and equipment, or dispose of liquid and solid waste,
with the exception of Mobile Food Establishments that sell only prepackaged foods and have all
necessary supp ort equipment located in the unit.”
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Packet Pg. 297 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit A – Florida Statutory and Florida Administrative Code
References
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Pursuant to F.A.C. 5K-4.020 Food Permits; Required Fees.
(1) (r) defines: “Mobile Vendor ” as “Persons selling foods other than fresh fruits or vegetables
from trucks, trailers or similar self -propelled conveyances.”
F.A.C. Chapter 64E -11 Food Hygiene
Pursuant to F.A.C. 64E-11.002 , Definitions.
(8) “Commissary - A food service establishment or any other commercial establishment where
food, containers, or supplies are stored, prepared, or packaged, or where utensils a re sanitized for
transit to, and sale or service at, other locations.”
(22) “Mobile Food Unit - Any food service which is self -propelled or otherwise moveable from
place to place and is self-sufficient for utilities, such as gas, water, electricity and li quid waste
disposal, whose commissary is a DOH regulated food service establishment.”
(31) “Temporary food service event - Any event offering food service on the premises of a food
service establishment approved by the department. These events are at a fixed location for a
temporary period of time not to exceed any combination of 18 days within a calendar year and in
conjun ction with a single event or celebration.”
Pursuant to F.A.C. 64E-11.014 Mobile Food Units .
(8), “MFUs may temporarily connect to an approved utility system for a time period not to
exceed one day’s operation, provided the utility system is adequate to meet the needs of the unit,
sanitary facilities are available for employees and patrons in accordance with the applicable
plumbing authority, and the unit returns to its base commissary in accordance with subsection
(5 ).”
(5) “Mobile food units must operate from an approved commissary that meets all applicable
requirements of this rule. The commissary must be provided with potable water and adequate
facilities for disposal of liquid and solid waste. The mobile food unit must report to the
commissary to store or replenish supplies, clean the interior of the unit, or dispose of liquid or
solid wastes. Mobile food units which are self-sufficient for equipment, storage, and utilities must
report to the commissary at least once weekly or as often as needed to replenish supplies, clean
the interior of the unit, or dispose of liquid or solid wastes. A letter from the commissary must be
submitted as part of the application confirming the arrangements above. A mobile food unit
which is self -sufficient includes a three compartment sink for washing, rinsing, and sanitizing of
equipment and utensils, a separate handwash sink, adequate refrigeration and storage capacity,
full provision of power utilities including electrical, LP gas, or a portable power generation u nit,
and a liquid waste disposal system, and potable water holding tank in accordance with
subsections (1) and (2). Mobile food units which are not self-sufficient must report to their
commissary at least once daily . The exterior of the unit may be washed in any location, provided
the waste water does not create a sanitary nuisance.
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Exhibit B – Food Truck Park Examples
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WORLD FOOD TRUCK PARK- KISSIMMEE
CELEBRATION PARK- NAPLES
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Exhibit B – Food Truck Park Examples
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UNDERCONSTRUCTION: 11,000 S.F. OPEN COURTYARD, TWO STORY 5,386 S.F. RESTAURANT/BAR, 8-
MOBILE FOOD VENDORS, PLAYGROUND, 24 OUTDOOR DINNING SEATS . Total .90 +/- Acres. Above
photo encompasses .45 acres at Reynolds Street and Old U.S. 41. An additional .45 +/- acres is located
offsite at Childers Street and Old U.S. 41 to accommodate 25 out of the 42 required parking spaces.
ROOF TOP - BONITA SPRINGS
MIDPOINT EATERY- INNOVATION DISTRICT-GAINESVILLE
16.A.7.a
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Exhibit B – Food Truck Park Examples
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A LA CARTE FOOD TRUCK PARK - ORLANDO
LAKE NONA LAKE- BOXI PARK WITH FOOD TRUCKS/12 SHIPPING CONTAINERS, BAR, LIVE
ENTERTAINMNET, FOOD TRUCKS, KIDS PLAY AREA (30,000 S.F)
UNDERCONSTRUCTION: 11,000 S.F. OPEN COURTYARD, TWO STORY 5,386 S.F.
LAKE NONA LAKE- BOXI PARK WITH FOOD TRUCKS/12 SHIPPING CONTAINERS, BAR, LIVE
ENTERTAINMNET, FOOD TRUCKS, KIDS PLAY AREA (30,000 S.F)
UNDERCONSTRUCTION: 11,000 S.F. OPEN COURTYARD, TWO STORY 5,386 S.F.
16.A.7.a
Packet Pg. 301 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit B – Food Truck Park Examples
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BOXI PARK LAKE NONA-ORLANDO
VILLAGE GARDEN - ST. AUGUSTINE: On .59 Acres, up to 7 Food Trucks, Two Story 1,173 S.F.
Building, 1st Floor is Commissary and 3,533 Gallons - Contained Rain Water Harvest System.
Approved for 45 outdoor seats.
areas.
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Packet Pg. 302 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit B – Food Truck Park Examples
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Google: CARTS ON FOSTER, Portland, Oregon.
VILLAGE GARDEN - ST. AUGUSTINE
areas.
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Packet Pg. 303 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
21
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Packet Pg. 304 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
22
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Packet Pg. 305 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
23
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Packet Pg. 306 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
24
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16.A.7.a
Packet Pg. 307 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
25
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Packet Pg. 308 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
26
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16.A.7.a
Packet Pg. 309 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
27
J:\LDC Amendments\Advisory Boards and Public Hearings \BCC\2024\01-23\Materials\Word Versions\PL20220006373 - Food Truck
Park and MFDVs LDCA (12-26 -2023).docx
16.A.7.a
Packet Pg. 310 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
28
J:\LDC Amendments\Advisory Boards and Public Hearings \BCC\2024\01-23\Materials\Word Versions\PL20220006373 - Food Truck
Park and MFDVs LDCA (12-26 -2023).docx
16.A.7.a
Packet Pg. 311 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
29
J:\LDC Amendments\Advisory Boards and Public Hearings \BCC\2024\01-23\Materials\Word Versions\PL20220006373 - Food Truck
Park and MFDVs LDCA (12-26 -2023).docx
16.A.7.a
Packet Pg. 312 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit D – Code Violation Photos
30
J:\LDC Amendments\Advisory Boards and Public Hearings \BCC\2024\01-23\Materials\Word Versions\PL20220006373 - Food Truck
Park and MFDVs LDCA (12-26 -2023).docx
Celebration Park off of Bayshore Road -Fire Code Violations
16.A.7.a
Packet Pg. 313 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit D – Code Violation Photos
31
J:\LDC Amendments\Advisory Boards and Public Hearings \BCC\2024\01-23\Materials\Word Versions\PL20220006373 - Food Truck
Park and MFDVs LDCA (12-26 -2023).docx
Shell Gas Station at 7392 Radio Road -Multiple Trucks Without Permits
Food trucks and multiple tables occupy parking spaces.
16.A.7.a
Packet Pg. 314 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food
Exhibit D – Code Violation Photos
32
J:\LDC Amendments\Advisory Boards and Public Hearings \BCC\2024\01-23\Materials\Word Versions\PL20220006373 - Food Truck
Park and MFDVs LDCA (12-26 -2023).docx
No permit for outdoor seating, tables, chairs, or mobile food trucks.
16.A.7.a
Packet Pg. 315 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (12-26-2023) (27356 : Nighttime Hearing Waiver for LDC Amendment - Food