BCC Agenda 02/27/2024 Item # 9D (First of 2 hearing to adopt and Ordinance to establish provisions for food truck parks)02/27/2024
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending the Collier County Land Development Code to establish
provisions for food truck parks and mobile food dispensing vehicles. [PL20220006373] (First of two
hearings)
______________________________________________________________________________
OBJECTIVE: To conduct the first of two hearings on a Land Development Code (LDC) that establishes
provisions for food truck parks and mobile food dispensing vehicles.
CONSIDERATIONS: On October 21, 2021, the Board of Zoning Appeals (Board) directed staff to bring back a
LDC amendment that could allow the permanent placement of multiple food trucks within a food truck park with
alcohol sales and/or amplified sound providing outdoor entertainment, as a conditional use in base zoning districts,
for a site specific location. The Board’s primary concern was the impacts a food truck park had on the surrounding
residential neighborhoods, particularly the issues of noise (outdoor amplified music) and alcohol co nsumption
occurring at a bar/dance stage area (entertainment) such as at Celebration Park Food Truck Court. Staff has studied
the effects upon neighboring properties for the permanent and temporary placement of mobile food trucks, and the
common code and design standards of 20 communities (15 within Florida). This amendment introduces a new
LDC section 5.05.16 and allows mobile food trucks and food truck parks either by right or conditional use,
depending on whether alcohol or amplified sound providing outdoor entertainment exists.
Because this LDC amendment includes a proposed change to the list of actual permitted and conditional uses of
land within a zoning category, 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, on January 23, 2024, the Board elected to waive the nighttime hearing and
to instead, hold two regularly scheduled daytime hearings. The first hearing is on February 27, 2024. The second
hearing is anticipated for March 26, 2024. At the second hearing, staff will provide a companion resolution that
amends the Collier County Administrative Code for Land Development.
Additionally, the Board directed staff to add a provision to the LDC amendment requiring Board directio n on
whether the Board or the HEX would hear a Food Truck Park conditional use petition and whether the hearing
would be during the day, on a case-by-case basis. The proposed language is as follows:
G. Procedures for Food Truck Parks Requiring Conditional Use Approval. Prior to advertising the
Conditional Use hearing, the Board shall first decide whether the BZA or the HEX will hear the matter and
whether the hearing will be during the day.
CCPC RECOMMENDATION: This LDC amendment was reviewed by the Collier County Planning
Commission (CCPC) on Thursday, December 7, 2023, at 5:05 p.m. The CCPC unanimously recommended
approval of this LDC amendment with the following changes requested by the Greater Naples Fire Rescue District:
1. In LDC section 5.05.16 D.3.e., include “fire lanes and access roads.”
2. In LDC section 5.05.16. F.1. requires connections to propane to occur “with breakaway connections.”
There were no members of the public in opposition.
DSAC RECOMMENDATION: This LDC amendment was reviewed by the Development Services Advisory
Committee (DSAC) on November 1, 2023. The DSAC recommended approval, contingent upon the following
changes:
1. In LDC section 5.05.16 D.2, a wall may be 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.”
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2. In LDC section 5.06.16 F.2, replace the word “[MFDV] pads” with “[MFDV] designated areas.”
3. Stipulate the amendment shall only apply to new food truck parks after the date of the adoption of the
ordinance. Staff, with the advice of 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.
4. 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 opportunity for MFDV and Food Truck Parks to be a permissible
use in commercial PUD districts or make a cross reference to similar uses. After meeting with the CAO,
LDC subsections 5.05.16 E.1. and E.3. have been revised to require a comparable use determination for
PUD districts and similar uses.
The Land Development Review Subcommittee of the DSAC (Subcommittee) reviewed this LDC amendment on
October 17, 2023. The Subcommittee recommended approval, contingent upon using the term “full cutoff” as
opposed to “fully shielded” as it relates to the use of outdoor lighting fixtures.
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 and requires an affirmative vote of
four for adoption. -DDP
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To approve the first reading of the proposed Ordinance amending the Land Development
Code and direct staff of any changes.
Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. PL20220006373 - Food Truck Park and MFDVs Draft Ordinance (01-31-2024) (PDF)
2. PL20220006373 - Food Truck Park and MFDVs Draft Ordinance Initialed (01-31-2024) (PDF)
3. PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (PDF)
4. legal ads - agenda ID 27776 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 27776
Item Summary: Recommendation to adopt an Ordinance amending the Collier County Land Development Code
to establish provisions for food truck parks and mobile food dispensing vehicles. [PL20220006373] (First of two
hearings)
Meeting Date: 02/27/2024
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
01/25/2024 4:24 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
01/25/2024 4:24 PM
Approved By:
Review:
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
01/29/2024 3:10 PM
Zoning Mike Bosi Additional Reviewer Completed 02/01/2024 9:39 AM
Building Plan Review & Inspections Diane Lynch Additional Reviewer Skipped 02/02/2024 1:47 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 02/05/2024 1:44 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
02/13/2024 2:24 PM
County Attorney's Office Derek D. Perry Additional Reviewer Completed 02/14/2024 3:40 PM
Unknown Mike Bosi Additional Reviewer Skipped 02/21/2024 8:55 AM
Growth Management Community Development Department Mike Bosi Growth Management Completed 02/21/2024 8:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2024 9:00 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/21/2024 9:03 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/21/2024 9:39 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/21/2024 12:12 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/27/2024 9:00 AM
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 1 of 14 Words struck through are deleted, words underlined are added ORDINANCE NO. 24 – ____ 1 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 3 COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-4 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT 5 CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 6 REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER 7 COUNTY, FLORIDA, TO ALLOW FOOD TRUCK PARKS IN THE 8 COMMERCIAL INTERMEDIATE DISTRICT (C-3), GENERAL 9 COMMERCIAL DISTRICT (C-4), HEAVY COMMERCIAL DISTRICT (C-10 5), BUSINESS PARK DISTRICT (BP), INDUSTRIAL DISTRICT (I), AND 11 PUBLIC USE DISTRICT (P), AND ESTABLISHING REGULATIONS FOR 12 MOBILE FOOD DISPENSING VEHICLES AND FOOD TRUCK PARKS, 13 BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, 14 FINDINGS OF FACT; SECTION THREE, ADOPTION OF 15 AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE 16 SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – 17 GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; 18 CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING 19 SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 20 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC 21 AND INSTITUTIONAL ZONING DISTRICTS; CHAPTER FOUR – SITE 22 DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 23 4.05.04 PARKING SPACE REQUIREMENTS; AND CHAPTER FIVE – 24 SUPPLEMENTAL STANDARDS, BY ADDING A NEW SECTION 5.05.16 25 MOBILE FOOD DISPENSING VEHICLES AND FOOD TRUCK PARKS; 26 SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, 27 INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; 28 AND SECTION SIX, EFFECTIVE DATE. [PL20220006373] 29 30 Recitals 31 32 WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners 33 adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), 34 which was subsequently amended; and 35 WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 36 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as 37 amended, the Collier County Land Development Code, which had an effective date of October 38 18, 2004; and 39 WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local 40 requirements and procedures for amending the LDC; and 41 WHEREAS, all requirements of Resolution 97-177 have been met; and 42 WHEREAS, the Collier County Planning Commission, sitting as the land planning 43 agency, did hold an advertised public hearing on December 7, 2023, and reviewed the 44 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 2 of 14 Words struck through are deleted, words underlined are added proposed amendments for consistency with the Comprehensive Plan and did recommend 45 approval; and 46 WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did 47 hold an advertised public hearing on February 27, 2024, and did take action concerning these 48 amendments to the LDC; and 49 WHEREAS, the subject amendments to the LDC are hereby determined by this Board to 50 be consistent with and to implement the Collier County Growth Management Plan as required 51 by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and 52 WHEREAS, this ordinance is adopted in compliance with and pursuant to the 53 Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and 54 WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule 55 powers of Fla. Const. Art. VIII, § 1(g); and 56 WHEREAS, all applicable substantive and procedural requirements of the law have 57 otherwise been met. 58 59 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of 60 Collier County, Florida, that: 61 62 SECTION ONE: RECITALS 63 The foregoing Recitals are true and correct and incorporated by reference herein as if 64 fully set forth. 65 66 SECTION TWO: FINDINGS OF FACT 67 The Board of Commissioners of Collier County, Florida, hereby makes the following 68 findings of fact: 69 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community 70 Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 71 2. After adoption of the Comprehensive Plan, the Act and in particular § 72 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are 73 consistent with and implement the adopted comprehensive plan. 74 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption 75 and enforcement by Collier County of land development regulations for the total unincorporated 76 area shall be based on, be related to, and be a means of implementation for, the adopted 77 comprehensive plan. 78 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 3 of 14 Words struck through are deleted, words underlined are added 4. Section 163.3194(1)(b), F.S., requires that all land development regulations 79 enacted or amended by Collier County be consistent with the adopted comprehensive plan, or 80 element or portion thereof, and any land regulations existing at the time of adoption which are 81 not consistent with the adopted comprehensive plan, or element or portion thereof, shall be 82 amended so as to be consistent. 83 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage 84 the use of innovative land development regulations. 85 6. On January 10, 1989, Collier County adopted the Collier County Growth 86 Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive 87 plan pursuant to the requirements of § 163.3161 et seq., F.S. 88 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or 89 element or portion thereof, has been adopted in conformity with the Act, all development 90 undertaken by, and all actions taken in regard to development orders by, governmental 91 agencies in regard to land covered by such comprehensive plan or element shall be consistent 92 with such comprehensive plan or element as adopted. 93 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development 94 regulation shall be consistent with the comprehensive plan if the land uses, densities or 95 intensities, and other aspects of development are compatible with, and further the objectives, 96 policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other 97 criteria enumerated by the local government. 98 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken 99 by a local government shall be consistent with the comprehensive plan if the land uses, 100 densities or intensities, capacity or size, timing, and other aspects of development are 101 compatible with, and further the objectives, policies, land uses, densities, or intensities in the 102 comprehensive plan and if it meets all other criteria enumerated by the local government. 103 10. On October 30, 1991, Collier County adopted the Collier County Land 104 Development Code, which became effective on November 13, 1991. The Land Development 105 Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 106 11. Collier County finds that the Land Development Code is intended and necessary 107 to preserve and enhance the present advantages that exist in Collier County; to encourage the 108 most appropriate use of land, water and resources consistent with the public interest; to 109 overcome present handicaps; and to deal effectively with future problems that may result from 110 the use and development of land within the total unincorporated area of Collier County and it is 111 intended that this Land Development Code preserve, promote, protect and improve the public 112 health, safety, comfort, good order, appearance, convenience and general welfare of Collier 113 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 4 of 14 Words struck through are deleted, words underlined are added County; to prevent the overcrowding of land and avoid the undue concentration of population; to 114 facilitate the adequate and efficient provision of transportation, water, sewerage, schools, 115 parks, recreational facilities, housing and other requirements and services; to conserve, 116 develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect 117 human, environmental, social and economic resources; and to maintain through orderly growth 118 and development, the character and stability of present and future land uses and development 119 in Collier County. 120 12. It is the intent of the Board of County Commissioners of Collier County to 121 implement the Land Development Code in accordance with the provisions of the Collier County 122 Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these 123 amendments to the Code. 124 125 SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE 126 127 * * * * * * * * * * * * * 128 129 SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS 130 131 Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land 132 Development Code, is hereby amended to read as follows: 133 134 Section 1.08.02 Definitions 135 136 * * * * * * * * * * * * * 137 138 Flowway: A natural or manmade swath of land, varying in width and length, providing for 139 the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from 140 north to south, and providing beneficial wildlife habitat and aquifer recharge. 141 142 Food truck park: A type of establishment under common ownership where food is 143 offered for sale or sold to the public from mobile food dispensing vehicle(s), either self-propelled 144 or non-self-propelled. Food truck parks may include shared accessory uses, such as public 145 seating, permanent utilities, and support services and facilities. See LDC section 5.05.16. 146 147 * * * * * * * * * * * * * 148 149 Mixed use project approval process: A process by which a land owner may petition for 150 approval of a mixed use project — a mix of commercial and residential uses, as provided for in 151 certain zoning overlay districts. If located within certain subdistricts in the Bayshore Zoning 152 Overlay District or the Gateway Triangle Zoning Overlay District, such a petition may include a 153 request for increased density by use of density bonus pool units. 154 155 Mobile food dispensing vehicle (MFDV): Any vehicle that is a public food service 156 establishment and that is self-propelled or otherwise movable from place to place and includes 157 self-contained utilities, including but not limited to gas, water, electricity, or liquid waste disposal, 158 sometimes referred to as a food truck or trailer or food cart, registered and regulated by the 159 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 5 of 14 Words struck through are deleted, words underlined are added Florida Department of Business Regulation requiring a mobile food vendor license subject to 160 F.S. Sections 509.101 and 509.241. See LDC section 5.05.16. 161 162 * * * * * * * * * * * * * 163 164 SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS 165 166 Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier 167 County Land Development Code, is hereby amended to read as follows: 168 169 Section 2.03.03 Commercial Zoning Districts 170 171 * * * * * * * * * * * * * 172 173 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 174 intermediate district (C-3) is to provide for a wider variety of goods and services 175 intended for areas expected to receive a higher degree of automobile traffic. The type 176 and variety of goods and services are those that provide an opportunity for comparison 177 shopping, have a trade area consisting of several neighborhoods, and are preferably 178 located at the intersection of two-arterial level streets. Most activity centers meet this 179 standard. This district is also intended to allow all of the uses permitted in the C-1 and 180 C-2 zoning districts typically aggregated in planned shopping centers. This district is 181 not intended to permit wholesaling type of uses, or land uses that have associated with 182 them the need for outdoor storage of equipment and merchandise. A mixed-use 183 project containing a residential component is permitted in this district subject to the 184 criteria established herein. The C-3 district is permitted in accordance with 185 the locational criteria for commercial and the goals, objectives, and policies as 186 identified in the future land use element of the Collier County GMP. The 187 maximum density permissible in the C-3 district and the urban mixed use land use 188 designation shall be guided, in part, by the density rating system contained in the 189 future land use element of the Collier County GMP. The maximum density permissible 190 or permitted in the C-3 district shall not exceed the density permissible under 191 the density rating system. 192 193 1. The following uses, as identified with a number from the Standard Industrial 194 Classification Manual (1987), or as otherwise provided for within this section 195 are permissible by right, or as accessory or conditional uses within the 196 commercial intermediate district (C-3). 197 198 a. Permitted uses. 199 200 * * * * * * * * * * * * 201 202 36. Food stores (groups 5411—5499) with 5,000 square feet or less 203 of gross floor area in the principal structure. 204 37. Food truck parks with no alcohol or amplified sound providing 205 outdoor entertainment, subject to LDC section 5.05.16. 206 207 3837. Funeral services (7261, except crematories). 208 209 [remainder of list to be re-numbered] 210 211 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 6 of 14 Words struck through are deleted, words underlined are added * * * * * * * * * * * * 212 213 c. Conditional uses. The following uses are permissible as conditional 214 uses in the commercial intermediate district (C-3), subject to the 215 standards and procedures established in LDC sections 4.02.02 and 216 10.08.00. 217 218 * * * * * * * * * * * * 219 220 10. Food stores with greater than 5,000 square feet of gross floor 221 area in the principal structure (groups 5411—5499). 222 11. Food truck parks with alcohol and/or amplified sound providing 223 outdoor entertainment, subject to LDC section 5.05.16. 224 1211. Health services (8071, 8092, and 8099). 225 1312. Homeless shelters. 226 227 [remainder of list to be re-numbered] 228 229 * * * * * * * * * * * * * 230 231 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 232 provide for those types of land uses that attract large segments of the population at the 233 same time by virtue of scale, coupled with the type of activity. The purpose and intent 234 of the C-4 district is to provide the opportunity for the most diverse types of commercial 235 activities delivering goods and services, including entertainment and recreational 236 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 237 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The 238 outside storage of merchandise and equipment is prohibited, except to the extent that 239 it is associated with the commercial activity conducted on-site such as, but not limited 240 to, automobile sales, marine vessels, and the renting and leasing of equipment. 241 Activity centers are suitable locations for the uses permitted by the C-4 district 242 because most activity centers are located at the intersection of arterial roads. 243 Therefore, the uses in the C-4 district can most be sustained by the transportation 244 network of major roads. The C-4 district is permitted in accordance with the locational 245 criteria for uses and the goals, objectives, and policies as identified in the future land 246 use element of the Collier County GMP. The maximum density permissible or 247 permitted in a district shall not exceed the density permissible under the density rating 248 system. 249 250 1. The following uses, as defined with a number from the Standard Industrial 251 Classification Manual (1987), or as otherwise provided for within this section 252 are permissible by right, or as accessory or conditional uses within the general 253 commercial district (C-4). 254 255 a. Permitted uses. 256 257 * * * * * * * * * * * * 258 259 57. Food stores (groups 5411—5499). 260 58. Food truck parks with no alcohol and/or amplified sound 261 providing outdoor entertainment, subject to LDC section 5.05.16. 262 5958. Funeral services (7261, except crematories). 263 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 7 of 14 Words struck through are deleted, words underlined are added 264 [remainder of list to be re-numbered] 265 266 * * * * * * * * * * * * 267 268 c. Conditional uses. The following uses are permissible as conditional 269 uses in the general commercial district (C-4), subject to the standards 270 and procedures established in LDC section 10.08.00. 271 272 * * * * * * * * * * * * 273 274 11. Fishing, hunting and trapping (0912—0919). 275 12. Food truck parks with alcohol and/or amplified sound providing 276 outdoor entertainment, subject to LDC section 5.05.16. 277 1312. Fuel dealers (5983-5989). 278 279 [remainder of list to be re-numbered] 280 281 * * * * * * * * * * * * 282 283 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning 284 district, the heavy commercial district (C-5) allows a range of more intensive 285 commercial uses and services which are generally those uses that tend to utilize 286 outdoor space in the conduct of the business. The C-5 district permits heavy 287 commercial services such as full-service automotive repair, and establishments 288 primarily engaged in construction and specialized trade activities such as contractor 289 offices, plumbing, heating and air conditioning services, and similar uses that typically 290 have a need to store construction- associated equipment and supplies within an 291 enclosed structure or have showrooms displaying the building material for which they 292 specialize. Outdoor storage yards are permitted with the requirement that 293 such yards are completely enclosed or opaquely screened. The C-5 district is 294 permitted in accordance with the locational criteria for uses and the goals, objectives, 295 and policies as identified in the future land use element of the Collier County GMP. 296 297 1. The following uses, as identified with a number from the Standard Industrial 298 Classification Manual (1987), or as otherwise provided for within this section 299 are permissible by right, or as accessory or conditional uses within the heavy 300 commercial district (C-5). 301 302 a. Permitted uses. 303 304 * * * * * * * * * * * * 305 68. Food stores (groups 5411—5499). 306 69. Food truck parks with no alcohol and/or amplified sound 307 providing outdoor entertainment, subject to LDC section 5.05.16. 308 7069. Funeral services (7261). 309 310 [remainder of list to be re-numbered] 311 312 * * * * * * * * * * * * 313 314 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 8 of 14 Words struck through are deleted, words underlined are added c. Conditional uses. The following uses are permissible as conditional 315 uses in the heavy commercial district (C-5), subject to the standards and 316 procedures established in LDC section 10.08.00. 317 318 * * * * * * * * * * * * 319 320 6. Farm product raw materials (5153—5159). 321 7. Food truck parks with alcohol and/or amplified sound providing 322 outdoor entertainment, subject to LDC section 5.05.16. 323 87. Fuel dealers (5983—5989). 324 325 [remainder of list to be re-numbered] 326 327 * * * * * * * * * * * * * 328 329 SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS 330 331 Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County 332 Land Development Code, is hereby amended to read as follows: 333 334 2.03.04 Industrial Zoning Districts 335 336 A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide 337 lands for manufacturing, processing, storage and warehousing, wholesaling, and 338 distribution. Service and commercial activities that are related to manufacturing, 339 processing, storage and warehousing, wholesaling, and distribution activities, as well 340 as commercial uses relating to automotive repair and heavy equipment sales and 341 repair are also permissible in the I district. The I district corresponds to and implements 342 the industrial land use designation on the future land use map of the Collier County 343 GMP. 344 345 1. The following uses, as identified within the Standard Industrial Classification 346 Manual (1987), or as otherwise provided for within this section, are permitted as 347 a right, or as accessory or conditional uses within the industrial district (I). 348 349 a. Permitted uses. 350 351 * * * * * * * * * * * * 352 353 18. Food and kindred products (2011—2099, except slaughtering 354 plants). 355 19. Food truck parks with no alcohol and/or amplified sound 356 providing outdoor entertainment, subject to LDC section 5.05.16. 357 2019. Furniture and fixtures (2511—2599). 358 359 [remainder of list to be re-numbered] 360 361 * * * * * * * * * * * * 362 363 c. Conditional uses. The following uses are permitted as conditional 364 uses in the industrial district (I), subject to the standards and procedures 365 established in LDC section 10.08.00. 366 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 9 of 14 Words struck through are deleted, words underlined are added 367 * * * * * * * * * * * * 368 369 7. Food and kindred products (2011 and 2048 including 370 slaughtering plants for human and animal consumption). 371 8. Food truck parks with alcohol and/or amplified sound providing 372 outdoor entertainment, subject to LDC section 5.05.16. 373 98. Heliports/Helistops, public and private: For restrictions and 374 conditions see LDC section 5.05.14 Heliports and Helistops. 375 376 [remainder of list to be re-numbered] 377 378 * * * * * * * * * * * * 379 380 B. Business Park District (BP). The purpose and intent of the business park district (BP) is 381 to provide a mix of industrial uses, corporate headquarters offices and 382 business/professional offices which complement each other and provide convenience 383 services for the employees within the district; and to attract businesses that create high 384 value-added jobs. It is intended that the BP district be designed in an attractive park-like 385 environment, with low structural density and large landscaped areas for both the 386 functional use of buffering and enjoyment by the employees of the BP district. The BP 387 district is permitted by the urban mixed use, urban commercial, and urban-industrial 388 districts of the future land use element of the Collier County GMP. 389 390 1. The following uses, as identified within the latest edition of the Standard 391 Industrial Classification Manual, or as otherwise provided for within this section, 392 are permitted as of right, or as uses accessory to permitted primary or 393 secondary uses, or are conditional uses within the business park district. 394 395 a. Permitted primary uses. One hundred percent of the total business park 396 district acreage is allowed to be developed with the following uses: 397 398 * * * * * * * * * * * * 399 400 12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096, 401 2098, 2099). 402 13. Food truck parks with no alcohol and/or amplified sound providing 403 outdoor entertainment, subject to LDC section 5.05.16. 404 1413. Furniture and fixtures manufacturing (2511—2599). 405 406 [remainder of list to be re-numbered] 407 408 * * * * * * * * * * * * 409 410 d. Conditional uses: 411 412 1. Ancillary plants. 413 2. Food truck parks with alcohol and/or amplified sound providing 414 outdoor entertainment, subject to LDC section 5.05.16. 415 3 2. Vehicle racing - applicable to the Immokalee Regional Airport 416 only. 417 418 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 10 of 14 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * 419 420 SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL 421 ZONING DISTRICTS 422 423 Section 2.03.05 Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the 424 Collier County Land Development Code, is hereby amended to read as follows: 425 426 2.03.05 Civic and Institutional Zoning Districts 427 428 A. Public Use District (P). The purpose and intent of public use district (P) is to 429 accommodate only local, state and federally owned or leased and operated government 430 facilities that provide essential public services. The P district is intended to facilitate the 431 coordination of urban services and land uses while minimizing the potential disruption of 432 the uses of nearby properties. 433 434 1. Any public facilities that lawfully existed prior to the effective date of this Code 435 and that are not zoned for public use district (P) are determined to be conforming 436 with these zoning regulations. 437 2. Any future expansion of these public facilities on lands previously reserved for 438 their use shall be required to meet the regulations in effect for the zoning district 439 in which the public facility is located. 440 3. Government-owned properties rented or leased to nongovernmental entities for 441 purposes not related to providing governmental services or support functions to a 442 primary civic or public institutional use shall not be zoned for the public use 443 district (P), but rather, shall be zoned or rezoned according to the use types or 444 the use characteristics which predominate. 445 4. The following uses are permitted as of right, or as accessory or conditional uses, 446 in the public use district (P). 447 448 a. Permitted uses. 449 450 * * * * * * * * * * * * 451 452 9. Libraries. 453 10. Food truck parks with no alcohol and/or amplified sound providing 454 outdoor entertainment, subject to LDC section 5.05.16. 455 1110. Museums. 456 457 [remainder of list to be re-numbered] 458 459 * * * * * * * * * * * * * 460 461 c. Conditional uses. The following uses are permissible as conditional 462 uses in the public use district (P), subject to the standards and 463 procedures established in LDC section 10.08.00: 464 465 * * * * * * * * * * * * * 466 467 9. Mental health and rehabilitative facilities, not for profit. 468 10. Food truck parks with alcohol and/or amplified sound providing 469 outdoor entertainment, subject to LDC section 5.05.16. 470 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 11 of 14 Words struck through are deleted, words underlined are added 1110. Resource recovery plants. 471 472 [remainder of list to be re-numbered] 473 474 * * * * * * * * * * * * * 475 476 SUBSECTION 3.E. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE 477 REQUIREMENTS 478 479 Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier 480 County Land Development Code, is hereby amended to read as follows: 481 482 4.05.04 Parking Space Requirements 483 484 * * * * * * * * * * * * 485 486 G. Spaces required. 487 488 Table 17. Parking Space Requirements. 489 490 * * * * * * * * * * * * * 491 492 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. 493 * * * * * * * * * * * * * 494 495 SUBSECTION 3.F. AMENDMENT TO ADD NEW SECTION 5.05.16 MOBILE FOOD 496 DISPENSING VEHICLES AND FOOD TRUCK PARKS 497 498 Section 5.05.16 Mobile Food Dispensing Vehicles and Food Truck Parks, is hereby added to 499 the Collier County Land Development Code to read as follows: 500 501 5.05.16 Mobile Food Dispensing Vehicles and Food Truck Parks 502 503 A. Purpose and intent. The purpose and intent of these regulations are to establish the 504 allowable operation, proper placement, and permitting of mobile food dispensing 505 vehicles (MFDVs) and/or food truck parks. 506 507 B. Applicability. This section shall be applicable to food truck parks and MFDVs operating 508 as an accessory use or within food truck parks, as applicable. 509 510 C. Exemptions. MFDVs that are transient in nature and do not stop at a given location for 511 more than four hours (including set up and break down time) are not subject to this 512 section. 513 514 D. Requirements and standards for all MFDVs. 515 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 12 of 14 Words struck through are deleted, words underlined are added 516 1. One trash receptacle is required for each MFDV. 517 518 2. To reduce the potential impact on abutting residential uses, MFDVs shall not 519 operate a generator within 20 feet of a property developed with a residential use, 520 unless there is a concrete or masonry wall at least six feet in height. 521 522 3. No MFDV shall be placed upon or operate from any of the following: 523 524 a. Vacant or unimproved lots with the exception of a food truck park; 525 526 b. Required yards, open space, preserves, landscape buffers, or within 527 conservation or drainage easements; 528 529 c. Required parking spaces; 530 531 d. Public or private road rights-of-way or access easements; or 532 533 e. In such a manner as to block accessways, walkways, driveways, loading 534 zones, fire lanes, access roads, or otherwise interfere with vehicular or 535 pedestrian circulation. 536 537 E. Requirements and standards for accessory use mobile food dispensing vehicles. 538 539 1. Accessory use MFDVs shall operate from within a permanent designated area 540 constructed of material in conformance with LDC section 4.05.02 B.1., shown on 541 the site development plan and limited to a maximum of two MFDVs. These 542 MFDVs are allowed in zoning districts where a food truck park is a permissible 543 use or as determined to be comparable in nature to any non-residential use 544 within a Community Facilities, Commercial, Industrial or Mixed Use Planned Unit 545 of Development pursuant to LDC section 10.02.06 K. 546 547 2. The principal use shall provide restroom access for the operator and patrons of 548 the MFDV(s). 549 550 3. Accessory use MFDVs shall only operate during the principal use’s hours of 551 operation and without amplified sound providing outdoor entertainment or alcohol 552 sales unless approved by a comparable use determination. 553 554 F. Design standards for food truck parks. Food truck parks shall be subject to the following 555 additional standards and requirements: 556 557 1. Each MFDV shall operate from within a permanent designated area constructed 558 of material in conformance with LDC section 4.05.02 B.1., shown on the site 559 development plan. Each MFDV designated area shall provide electrical hookup, 560 water and sewer connections, and connection to propane with breakaway 561 connections. If a central propane tank is utilized, it shall be buried underground. 562 563 2. A maximum of five MFDV designated areas shall be permitted for each acre of a 564 food truck park. 565 566 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 13 of 14 Words struck through are deleted, words underlined are added 3. A minimum of two bicycle parking spaces shall be required for each MFDV 567 designated area. 568 569 4. Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting 570 away from adjacent property. Nuisance lighting, such as, flashing or strobing 571 lights, shall be prohibited. 572 573 G. Procedures for Food Truck Parks Requiring Conditional Use Approval. Prior to 574 advertising the Conditional Use hearing, the Board of County Commissioners shall first 575 decide whether the BZA or the HEX will hear the matter and whether the hearing will be 576 during the day. 577 578 * * * * * * * * * * * * * 579 580 SECTION FOUR: CONFLICT AND SEVERABILITY 581 In the event that any provisions of this ordinance should result in an unresolved conflict 582 with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), 583 the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts 584 with any other Ordinance of Collier County or other applicable law, the more restrictive shall 585 apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court 586 of competent jurisdiction, such portion shall be deemed a separate, distinct and independent 587 provision and such holding shall not affect the validity of the remaining portion. 588 589 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE 590 The provisions of this Ordinance shall become and be made a part of the Land 591 Development Code of Collier County, Florida. The sections of the Ordinance may be 592 renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to 593 "section," "article," or any other appropriate word. 594 595 SECTION SIX: EFFECTIVE DATE 596 This Ordinance shall become effective upon filing with the Florida Department of State. 597 598 599 600 601 602 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 14 of 14 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 603 County, Florida, this ______ day of _________________ 2024. 604 605 606 ATTEST: BOARD OF COUNTY COMMISSIONERS 607 CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA 608 609 610 611 By: __________________________ By: ________________________________ 612 , Deputy Clerk CHRIS HALL, Chairman 613 614 615 616 Approved as to form and legality: 617 618 619 ______________________________ 620 Derek D. Perry 621 Assistant County Attorney 622 623 624 625 04-CMD-01077/____ (__/__/24) 626 17.C.a
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 1 of 14 Words struck through are deleted, words underlined are added ORDINANCE NO. 24 – ____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW FOOD TRUCK PARKS IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3), GENERAL COMMERCIAL DISTRICT (C-4), HEAVY COMMERCIAL DISTRICT (C-5), BUSINESS PARK DISTRICT (BP), INDUSTRIAL DISTRICT (I), AND PUBLIC USE DISTRICT (P), AND ESTABLISHING REGULATIONS FOR MOBILE FOOD DISPENSING VEHICLES AND FOOD TRUCK PARKS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.05.04 PARKING SPACE REQUIREMENTS; AND CHAPTER FIVE – SUPPLEMENTAL STANDARDS, BY ADDING A NEW SECTION 5.05.16 MOBILE FOOD DISPENSING VEHICLES AND FOOD TRUCK PARKS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20220006373] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on December 7, 2023, and reviewed the 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 2 of 14 Words struck through are deleted, words underlined are added proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on February 27, 2024, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 3 of 14 Words struck through are deleted, words underlined are added 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier 17.C.b
Packet Pg. 1201 Attachment: PL20220006373 - Food Truck Park and MFDVs Draft Ordinance Initialed (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 4 of 14 Words struck through are deleted, words underlined are added County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.02 Definitions * * * * * * * * * * * * * Flowway: A natural or manmade swath of land, varying in width and length, providing for the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge. Food truck park: A type of establishment under common ownership where food is offered for sale or sold to the public from mobile food dispensing vehicle(s), either self-propelled or non-self-propelled. Food truck parks may include shared accessory uses, such as public seating, permanent utilities, and support services and facilities. See LDC section 5.05.16. * * * * * * * * * * * * * Mixed use project approval process: A process by which a land owner may petition for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Zoning Overlay District or the Gateway Triangle Zoning Overlay District, such a petition may include a request for increased density by use of density bonus pool units. Mobile food dispensing vehicle (MFDV): Any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including but not limited to gas, water, electricity, or liquid waste disposal, sometimes referred to as a food truck or trailer or food cart, registered and regulated by the 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 5 of 14 Words struck through are deleted, words underlined are added Florida Department of Business Regulation requiring a mobile food vendor license subject to F.S. Sections 509.101 and 509.241. See LDC section 5.05.16. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.03 Commercial Zoning Districts * * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. * * * * * * * * * * * * 36. Food stores (groups 5411—5499) with 5,000 square feet or less of gross floor area in the principal structure. 37. Food truck parks with no alcohol or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 3837. Funeral services (7261, except crematories). [remainder of list to be re-numbered] 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 6 of 14 Words struck through are deleted, words underlined are added * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. * * * * * * * * * * * * 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411—5499). 11. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 1211. Health services (8071, 8092, and 8099). 1312. Homeless shelters. [remainder of list to be re-numbered] * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore, the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * 57. Food stores (groups 5411—5499). 58. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 5958. Funeral services (7261, except crematories). 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 7 of 14 Words struck through are deleted, words underlined are added [remainder of list to be re-numbered] * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * 11. Fishing, hunting and trapping (0912—0919). 12. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 1312. Fuel dealers (5983-5989). [remainder of list to be re-numbered] * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction- associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * 68. Food stores (groups 5411—5499). 69. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 7069. Funeral services (7261). [remainder of list to be re-numbered] * * * * * * * * * * * * 17.C.b
Packet Pg. 1205 Attachment: PL20220006373 - Food Truck Park and MFDVs Draft Ordinance Initialed (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 8 of 14 Words struck through are deleted, words underlined are added c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * 6. Farm product raw materials (5153—5159). 7. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 87. Fuel dealers (5983—5989). [remainder of list to be re-numbered] * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). a. Permitted uses. * * * * * * * * * * * * 18. Food and kindred products (2011—2099, except slaughtering plants). 19. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 2019. Furniture and fixtures (2511—2599). [remainder of list to be re-numbered] * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the industrial district (I), subject to the standards and procedures established in LDC section 10.08.00. 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 9 of 14 Words struck through are deleted, words underlined are added * * * * * * * * * * * * 7. Food and kindred products (2011 and 2048 including slaughtering plants for human and animal consumption). 8. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 98. Heliports/Helistops, public and private: For restrictions and conditions see LDC section 5.05.14 Heliports and Helistops. [remainder of list to be re-numbered] * * * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value-added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * * * * * * * * * 12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099). 13. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 1413. Furniture and fixtures manufacturing (2511—2599). [remainder of list to be re-numbered] * * * * * * * * * * * * d. Conditional uses: 1. Ancillary plants. 2. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 3 2. Vehicle racing - applicable to the Immokalee Regional Airport only. 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 10 of 14 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05 Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. 1. Any public facilities that lawfully existed prior to the effective date of this Code and that are not zoned for public use district (P) are determined to be conforming with these zoning regulations. 2. Any future expansion of these public facilities on lands previously reserved for their use shall be required to meet the regulations in effect for the zoning district in which the public facility is located. 3. Government-owned properties rented or leased to nongovernmental entities for purposes not related to providing governmental services or support functions to a primary civic or public institutional use shall not be zoned for the public use district (P), but rather, shall be zoned or rezoned according to the use types or the use characteristics which predominate. 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * 9. Libraries. 10. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 1110. Museums. [remainder of list to be re-numbered] * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * * 9. Mental health and rehabilitative facilities, not for profit. 10. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 11 of 14 Words struck through are deleted, words underlined are added 1110. Resource recovery plants. [remainder of list to be re-numbered] * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE REQUIREMENTS Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.04 Parking Space Requirements * * * * * * * * * * * * G. Spaces required. Table 17. Parking Space Requirements. * * * * * * * * * * * * * 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. * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENT TO ADD NEW SECTION 5.05.16 MOBILE FOOD DISPENSING VEHICLES AND FOOD TRUCK PARKS Section 5.05.16 Mobile Food Dispensing Vehicles and Food Truck Parks, is hereby added to the Collier County Land Development Code to read as follows: 5.05.16 Mobile Food Dispensing Vehicles and Food Truck Parks A. Purpose and intent. The purpose and intent of these regulations are to establish the allowable operation, proper placement, and permitting of mobile food dispensing vehicles (MFDVs) and/or food truck parks. B. Applicability. This section shall be applicable to food truck parks and MFDVs operating as an accessory use or within food truck parks, as applicable. C. Exemptions. MFDVs that are transient in nature and do not stop at a given location for more than four hours (including set up and break down time) are not subject to this section. D. Requirements and standards for all MFDVs. 17.C.b
Packet Pg. 1209 Attachment: PL20220006373 - Food Truck Park and MFDVs Draft Ordinance Initialed (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 12 of 14 Words struck through are deleted, words underlined are added 1. One trash receptacle is required for each MFDV. 2. To reduce the potential impact on abutting residential uses, MFDVs shall not operate a generator within 20 feet of a property developed with a residential use, unless there is a concrete or masonry wall at least six feet in height. 3. No MFDV shall be placed upon or operate from any of the following: a. Vacant or unimproved lots with the exception of a food truck park; b. Required yards, open space, preserves, landscape buffers, or within conservation or drainage easements; c. Required parking spaces; d. Public or private road rights-of-way or access easements; or e. In such a manner as to block accessways, walkways, driveways, loading zones, fire lanes, access roads, or otherwise interfere with vehicular or pedestrian circulation. E. Requirements and standards for accessory use mobile food dispensing vehicles. 1. Accessory use MFDVs shall operate from within a permanent designated area constructed of material in conformance with LDC section 4.05.02 B.1., shown on the site development plan and limited to a maximum of two MFDVs. These MFDVs are allowed in zoning districts where a food truck park is a permissible use or as determined to be comparable in nature to any non-residential use within a Community Facilities, Commercial, Industrial or Mixed Use Planned Unit of Development pursuant to LDC section 10.02.06 K. 2. The principal use shall provide restroom access for the operator and patrons of the MFDV(s). 3. Accessory use MFDVs shall only operate during the principal use’s hours of operation and without amplified sound providing outdoor entertainment or alcohol sales unless approved by a comparable use determination. F. Design standards for food truck parks. Food truck parks shall be subject to the following additional standards and requirements: 1. Each MFDV shall operate from within a permanent designated area constructed of material in conformance with LDC section 4.05.02 B.1., shown on the site development plan. Each MFDV designated area shall provide electrical hookup, water and sewer connections, and connection to propane with breakaway connections. If a central propane tank is utilized, it shall be buried underground. 2. A maximum of five MFDV designated areas shall be permitted for each acre of a food truck park. 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 13 of 14 Words struck through are deleted, words underlined are added 3. A minimum of two bicycle parking spaces shall be required for each MFDV designated area. 4. Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting away from adjacent property. Nuisance lighting, such as, flashing or strobing lights, shall be prohibited. G. Procedures for Food Truck Parks Requiring Conditional Use Approval. Prior to advertising the Conditional Use hearing, the Board of County Commissioners shall first decide whether the BZA or the HEX will hear the matter and whether the hearing will be during the day. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 17.C.b
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DRAFT 1/31/24 [22-LDS-00230/1842090/1] Page 14 of 14 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ______ day of _________________ 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By: __________________________ By: ________________________________ , Deputy Clerk CHRIS HALL, Chairman Approved as to form and legality: ______________________________ Derek D. Perry Assistant County Attorney 04-CMD-01077/____ (__/__/24) 2/7/202417.C.b
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220006373
SUMMARY OF AMENDMENT
This 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 Development Review Subcommittee of the DSAC
(DSAC-LDR).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
BCC 02/27/2024 1.08.02
2.03.03
2.03.04
2.03.05
4.05.04
5.05.16
Definitions
Commercial Zoning Districts
Industrial Zoning Districts
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 an 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 Board 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
operators and to the general 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 be difficult to attain countywide on a daily basis by right of use.
Located in a designated area, a concentrated number of mobile food dispensing vehicles eating options can create
the feel of a street festival, social interactions, and employment 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
17.C.c
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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. An 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 definitions 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 that 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 transportable 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 violations had been cited at
the Celebration Food Truck Park which eventually had been resolved. Additionally, a notice of violation had been
issued for an existing gas station site that had been operating permanently food trucks and outdoor seating without a
temporary 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 neighborhood would be compatible and promote the public health, safety, and general
welfare. It introduces specific requirements, a definition for both, a MFDV and MFTP and allows by right, an
MFDV as an accessory use to an existing business establishment. Further, it allows a MFTP, as a permitted use,
devoid of alcohol sales or outdoor amplified sound with entertainment.
The respective zoning districts where an MFTP may be conditionally approved are in the C-3, C-4, C-5, I, BP, and
PU districts. 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 strobing 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”.
17.C.c
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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 opportunity 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
subsections 5.05.16 E.1 and E.3 have been revised to require a comparable use determination 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.
17.C.c
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DRAFT Text underlined is new text to be added.
Text strikethrough is current text to be deleted.
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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 District 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 variety 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 ass ociated 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 t he 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 permissible 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 within 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 alcohol 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 section 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 a ir 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 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 within 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 fun ctional 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 the 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 food truck parks . 43
44
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B. Applicability. This section shall be applicable to food 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 accessory use mobile 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
G. Procedures for Food Truck Parks Requiring Conditional Use Approval. Prior to advertising 17
the Conditional Use hearing, the Board of County Commissioners shall first decide 18
whether the BZA or the HEX will hear the matter and whethe r the hearing will be during 19
the day. 20
21
# # # # # # # # # # # # 22
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Exhibit A – Florida Statutory and Florida Administrative Code
References
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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 gov ernmental 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 jurisdicti on.”
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, mobile foo d 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 recognized 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 but 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 refrige ration and
storage capacity; full provision of power utilities including electrical, LP gas, or a portable power
generation unit; a potable water holding tank; a hot 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
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Exhibit A – Florida Statutory and Florida Administrative Code
References
14
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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 establishment 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 frankfurters (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 generat ion 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 t hree-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 Florida
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 approval as an MFE Commissary.
When not required at the MFE, Commissaries may provide a three compartment sink for
washing, rinsing, and sanitation of equip ment/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 support equipment located in the unit.”
17.C.c
Packet Pg. 1226 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit A – Florida Statutory and Florida Administrative Code
References
15
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Truck Park and MFDVs LDCA (01-31-2024).docx
Pursuant to F.A.C. 5K-4.020 Food Permits; Required Fees.
(1) (r) defines: “Mobile Vendor” as “Persons selling foods other t han 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 are 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 liquid 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 ca lendar year and in
conjunction 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.
17.C.c
Packet Pg. 1227 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit B – Food Truck Park Examples
16
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Truck Park and MFDVs LDCA (01-31-2024).docx
WORLD FOOD TRUCK PARK- KISSIMMEE
CELEBRATION PARK- NAPLES
17.C.c
Packet Pg. 1228 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit B – Food Truck Park Examples
17
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Truck Park and MFDVs LDCA (01-31-2024).docx
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
17.C.c
Packet Pg. 1229 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit B – Food Truck Park Examples
18
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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.
17.C.c
Packet Pg. 1230 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit B – Food Truck Park Examples
19
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Truck Park and MFDVs LDCA (01-31-2024).docx
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.
17.C.c
Packet Pg. 1231 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit B – Food Truck Park Examples
20
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Truck Park and MFDVs LDCA (01-31-2024).docx
Google: CARTS ON FOSTER, Portland, Oregon.
VILLAGE GARDEN- ST. AUGUSTINE
areas.
17.C.c
Packet Pg. 1232 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C – DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
21
G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\02-27\Materials\Word Versions\PL202 20006373 - Food Truck Park and
MFDVs LDCA (01 -31-2024).docx REV. 1/31/2024
17.C.c
Packet Pg. 1233 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
22
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Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1234 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
23
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\02-27\Materials \Word Versions\PL20220006373 - Food
Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1235 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
24
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\02-27\Materials \Word Versions\PL20220006373 - Food
Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1236 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
25
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\02-27\Materials \Word Versions\PL20220006373 - Food
Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1237 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
26
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\02-27\Materials \Word Versions\PL20220006373 - Food
Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1238 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
27
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\02-27\Materials \Word Versions\PL20220006373 - Food
Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1239 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
28
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\02-27\Materials \Word Versions\PL20220006373 - Food
Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1240 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit C– DBPR HR-7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
29
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\02-27\Materials \Word Versions\PL20220006373 - Food
Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1241 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit D– Code Violation Photos
30
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Truck Park and MFDVs LDCA (01-31-2024).docx
Celebration Park off of Bayshore Road-Fire Code Violations
17.C.c
Packet Pg. 1242 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit D– Code Violation Photos
31
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Truck Park and MFDVs LDCA (01-31-2024).docx
Shell Gas Station at 7392 Radio Road -Multiple Trucks Without Permits
Food trucks and multiple tables occupy parking spaces.
17.C.c
Packet Pg. 1243 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit D– Code Violation Photos
32
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Truck Park and MFDVs LDCA (01-31-2024).docx
No permit for outdoor seating, tables, chairs, or mobile food trucks.
17.C.c
Packet Pg. 1244 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
Exhibit E – Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
33
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Truck Park and MFDVs LDCA (01-31-2024).docx
17.C.c
Packet Pg. 1245 Attachment: PL20220006373 - Food Truck Park and MFDVs LDCA (01-31-2024) (27776 : LDC Amendment - Food Truck Parks)
17.C.d
Packet Pg. 1246 Attachment: legal ads - agenda ID 27776 (27776 : LDC Amendment - Food Truck Parks)
17.C.d
Packet Pg. 1247 Attachment: legal ads - agenda ID 27776 (27776 : LDC Amendment - Food Truck Parks)
17.C.d
Packet Pg. 1248 Attachment: legal ads - agenda ID 27776 (27776 : LDC Amendment - Food Truck Parks)
17.C.dPacket Pg. 1249Attachment: legal ads - agenda ID 27776 (27776 : LDC Amendment - Food Truck Parks)