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Agenda 09/24/2024 Item #16A4 (To waive the nighttime hearing requirement and advertise a Land Development Code (LDC) amendment at two regularly scheduled daytime hearings)9/24/2024 Item # 16.A.4. ID#: 2024-767 Executive Summary Recommendation to waive the nighttime hearing requirement and hear a Land Development Code amendment regarding food trucks and food truck parks at two regularly scheduled daytime Board of County Commissioner meetings and approve a request to advertise the Land Development Code Amendment. OBJECTIVE: To waive the nighttime hearing requirement and advertise a Land Development Code (LDC) amendment at two regularly scheduled daytime hearings. CONSIDERATIONS: On April 15, 2021, staff received a request for an Official Interpretation of the LDC regarding whether a food truck park is an authorized use in the Commercial Convenience District (C-2), Commercial Intermediate District (C-3), or within any commercial component of a Planned Unit Development (PUD). Staff issued an Official Interpretation (see Attachment 2) and noted that while the Commercial and Industrial zoning districts did not specifically designate food trucks as a permitted use, the Comparable Use Determination process was established to identify similar uses in a zoning district where a proposed, unlisted use is comparable and compatible to an existing use or uses in the same zoning district. In the Official Interpretation, staff cited Hearing Examiner Decision No. 2016-37, which established that food truck parks were comparable and compatible to restaurant use, and used this decision to determine that food trucks should be allowed in all zoning districts where restaurants are permitted. However, FCC Beach & Yacht, LLC appealed the Official Interpretation and the associated Site Development Plan that approved a food truck park on C-3-zoned property located on the Isle of Capri. An additional appeal of the Official Interpretation was filed by Grider Revocable Living Trust, seeking to clarify that the Official Interpretation was not site- specific. On October 12, 2021, the Board of County Commissioners (Board) voted to accept, without comment, the four motions filed by Grider Revocable Living Trust and to hear the three aforementioned appeals as items under the Board of Zoning Appeals (ZBA). During the meeting, staff opined that the allowance of food truck parks was not site-specific and should include all C-2- and C-3-zoned properties countywide. However, the BZA voted in favor of the two appeals made by FCC Beach & Yacht, LLC and determined that a food truck park was not a permitted use in the C-3 (see Attachment 3) and to deny the SDP (see Attachment 4). The BZA also denied the appeal by Grider Revocable Living Trust (see Attachment 5). The BZA was concerned about the impact a food truck park would have on the surrounding residential neighborhoods, particularly the issues of noise (outdoor amplified music) and alcohol consumption occurring at a bar/dance stage area (entertainment), such as at Celebration Park Food Truck Park. Staff was directed to develop an LDC amendment supporting the Conditional Use process with respect to food trucks (see Attachment 6). On January 23, 2024, staff brought forward a consent agenda item, requesting direction from the Board to waive the nighttime hearing requirement and to instead hold two regularly scheduled daytime hearings. The Board removed it from the consent agenda and discussed the item, unanimously voting to waive the nighttime hearing requirement (see Attachment 6). Additionally, the Board directed staff to add a provision to the LDC amendment requiring Board direction 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 provision at the time was 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. The first daytime public hearing occurred on February 27, 2024, when it was discussed as an advertised public hearing. Instead of voting to approve the Ordinance, the Board directed staff to rewrite the LDC amendment, and it was the staff's understanding that Conditional Use approval would be required for all food trucks, but that temporary use permits would also be available to operators for up to 28 days per calendar year (see Attachment 7). This LDC amendment proposes to change the list of permitted and conditional uses on lands that potentially can be greater than 10 acres, and therefore, it requires two Board hearings with at least one hearing to be held after 5:00 p.m. on a weekday, pursuant to LDC section 10.03.06 K. However, by a supermajority vote, the Board may elect to conduct the hearing at another time of day instead. The older, original version of this LDC amendment (LDCA-PL20220006373) was reviewed by the Collier County Planning Commission (CCPC) on Thursday, December 7, 2023, at 5:05 p.m. The CCPC unanimously recommended approval, subject to the Greater Naples Fire Rescue District's recommended textual change. There was no public opposition. It was staff's opinion that the public had an opportunity to address their Page 2028 of 4908 concerns at this nighttime advertised hearing and that a nighttime hearing by the Board would not be necessary. The noteworthy provisions of the proposed Ordinance (see Attachment 1) for food trucks are summarized as follows: 1. Creating new definitions, including a permanent Mobile Food Dispensing Vehicle (MFDV). Permanent MFDVs are not transient in nature and do not stop temporarily at a given location. 2. MFDVs will be permitted by right in the Industrial District (I) and Public Use District (P), provided there are no alcohol sales and/or amplified sound providing outdoor entertainment. If there are alcohol sales and/or amplified sound providing outdoor entertainment, then Conditional Use approval will be necessary. Conditional Use applications require a Neighborhood Information Meeting (NIM) and a public hearing, typically with the Hearing Examiner. 3. MFDVs will require Conditional Use approval in the I and P Districts if they offer alcohol sales and/or amplified sound for outdoor entertainment. 4. MFDVs will require Conditional Use approval in the Commercial Intermediate District (C-3), General Commercial District (C-4), Heavy Commercial District (C-5), and Business Park District (BP). 5. MFDVs will require Conditional Use approval if they are accessory to a regional park, such as North Collier Regional Park. 6. MFDVs will require Conditional Use approval in the Conservation District (CON) if they are accessory to a passive park, habitat preservation, conservation, or agricultural use. One such example in the CON district could be at Delnor-Wiggins Pass State Park. 7. MFDVs are not permitted in a Planned Unit Development (PUD) unless the PUD specifically lists them as a permissible use. Adding a use to a PUD constitutes a PUD amendment, which requires a NIM, a public hearing with the Collier County Planning Commission (CCPC), and two public hearings with the Board, including a supermajority vote for approval. 8. Creating a minimum off-street parking requirement for permanent MFDVs. 9. Creating new development standards (e.g., maximum intensity, trash receptacle, appropriate on-site locations, hours of operation, etc.) for all permanent MFDVs, which shall be shown on a site development plan (SDP). All MFDVs operating in connection with a temporary use permit or temporary event are exempt from this section. While not explicitly stated within the proposed Ordinance, it should be noted that if adopted, MFDVs will be allowed in connection with temporary use permits and special events, and these types of applications may administratively permit MFDVs on a site for up to 28 calendar days per year, regardless of the zoning district. In addition, Florida Statutes Section 509.102(2), which preempts local law, currently allows MFDVs to operate on the same premises as and by a separately licensed public food establishment, regardless of zoning district. 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). GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires an affirmative vote of four for Board approval. -DDP RECOMMENDATIONS: To waive the nighttime hearing requirement and hear a Land Development Code amendment regarding mobile food dispensing vehicles at two regularly scheduled daytime hearings and approve the request to advertise the Land Development Code amendment. Page 2029 of 4908 PREPARED BY: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division ATTACHMENTS: 1. Attachment 1 Proposed Ordinance (9-3-2024) 2. Attachment 2 Official Interpretation 3. Attachment 3 Resolution 2021-216 4. Attachment 4 Resolution 2021-217 5. Attachment 5 Resolution 2021-218 6. Attachment 6 BCC Minutes (01-23-2024, pp89-105) 7. Attachment 7 BCC Minutes (02-27-2024, pp139-152) Page 2030 of 4908 DRAFT 8/20/2024 ORDINANCE NO. 2024 _ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW PERMANENT MOBILE FOOD DISPENSING VEHICLES WITH NO ALCOHOL SALES AND/OR AMPLIFIED SOUND PROVIDING OUTDOOR ENTERTAINMENT AS PERMITTED BY RIGHT WHEN LISTED AS A PERMISSIBLE USE !N A PLANNED UNIT DEVELOPMENT OR WHERE LOCATED tN THE TNDUSTRTAL DISTRICT (r) OR PUBLTC USE DISTRTCT (P), AND AS A CONDITIONAL USE IN THE COMMERCIAL INTERMEDIATE DtsTRtcT (c-3), GENERAL COMMERCIAL DISTRICT (C-4), HEAVY CoMMERCIAL D|STRICT (C-5), BUSINESS PARK DISTRICT (BP), AND CoNSERVATION DISTRICT (CON), !N THE INDUSTRIAL DISTRICT (l) AND puBLtc usE DlsTRlcr (P) wlTH ALcoHoL SALES AND/OR AMPLIFIED SOUND PROVIDING OUTDOOR ENTERTAINMENT, AND WHEN ACCESSORY TO A REGIONAL PARK, AND ESTABLISHING REGULATIONS FOR PERMANENT MOBILE FOOD DISPENSING VEHICLES, 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 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE 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, PERMANENT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION lN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTTVE DATE. 1PL202200063731 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 Page '1 of 15 Words st+ue*+n+eugh are deleted, words underlined are added. 0AoPage 2031 of 4908 DRAFT 8/20/2024 WHEREAS, on [Vlarch 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 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 ltrlanagement 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. S 163.3161 ef seq.), and F.S. 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. Vlll, $ 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE lT 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 flndings of fact: 1. Collier County, pursuant to $ 163.3161, ef 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 S 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. Page 2 of 15 Words €t+u€k+h+eugh are deleted, words underlined are added. Page 2032 of 4908 DRAFT 8/20/2024 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. 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 Grovvth lvlanagement Plan (hereinafter the "Growth ltrlanagement Plan" or "GlVP") as its comprehensive plan pursuant to the requirements of $ 163.3161 ef 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. B. 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(3Xb), F.S., states that a development approved or undefiaken 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, 199'1. 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 Page 3 of 15 Words s+ue*+nreugh are deleted, words underlined are added. CAOPage 2033 of 4908 DRAFT 8/20/2024 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 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 groMh and development, the character and stability of present and future land uses and development in Collier County. 12. lt 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 beneficialwildlife habitat and aquifer recharge. vehicle definition. Mixed use project approvalprocess: 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. lf located within certain subdistricts in the Bayshore Zoning Page 4 of 15 Words s+ue*+n+eugh are deleted, words underlined are added qo ** Page 2034 of 4908 DRAFT 8/20/2024 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. sometimes referred to as a food truck or trailer or food cart licensed bv the State of Florida. temporarilv at a oiven location. Permanent MFDVs are subiect to LDC section 5.05.16. SUBSECTION 3.B. AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES Section 2.01.03 Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.03 Essential Seruices * * * * * * ** * * * * * * * * * * * * * * * * * * * * * G Conditional uses. The following uses require approval pursuant to LDC section 10.08.00 conditional uses: 3.Additional conditional uses in residential, and estate zoned districts, and in RFTVU receiving and neutral lands. ln residential, agricultural, and estate zoned districts and in RFlvlU Receiving and neutral lands, in addition to those essential services identified as conditional uses in LDC section 2.01.03 G.'1. above, the following essential services shall also be allowed as conditional uses: Regional parks, includinq accessorv permanent mobile food dispensinq vehicles, and community parks; Public parks and public library facillties; Safety service facilities; Other similar facilities, except as othenruise specified herein. d b. c. d. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DTSTRICTS 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 Page 5 of 15 words €+ru€k+hrcugh are dereted, words underrined are added. ?oPage 2035 of 4908 DRAFT 8/20/2024 * C. * * ** * * * ** * * * * * *** Commercial lntermediate 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 GtVP. 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 GtUP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard lndustrial Classification [\Ianual (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 1 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. 17 tVlixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: 78. lvlobile food dispensinq vehicle(s), permanent, subiect to LDC section 5.05.16. 1&19. Motion picture theaters, (7832 - except drive-in). [Renumber remainder of list] * Page 6 of 15 Words s+ue*+n+eugh are deleted, words underlined are added qo ** c. * Page 2036 of 4908 D DRAFT 8/20/2024 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 lndustrial 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. ********* ** 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. ** 17,Local and suburban transit (groups 4111-4121, bus stop and van pool stop only). 18. tt/obile food dispensinq vehi cle(s), permanent, subiect to LDC section 5.05.16 *e19. [/otion picture theaters, drive-in (7833). [Renumber remainder of list] Heavy Commercial District (C-5). ln 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 Page 7 of '15 Words *rue*+nrecgh are deleted, words underlined are added. o 70 ** E Page 2037 of 4908 DRAFT 8/20/2024 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 GIVP. The following uses, as identified with a number from the Standard lndustrial Classification lulanual (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 ****** 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. * * ** * * * ** * ** * ** 12. Local and suburban passengertransportation (4131-4173). 73. Mobile food dispensinq vehicle(s), permanent, subiect to LDC section 5.05.16. #14. l/otion picture theaters, drive-in (7833). [Renumber remainder of list] A SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DTSTRICTS Section 2.03.04lndustrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 lndustrial Zoning Districts lndustrial District (l). The purpose and intent of the industrial district (l) 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 GtVIP. Page 8 of 15 Words st+u€k+hreugh are deleted, words underlined are added oPc 1 Page 2038 of 4908 1 DRAFT 8/20/2024 The following uses, as identified within the Standard Industrial Classification lVlanual (1987), oras otheruruise provided forwithin this section, are permitted as a right, or as accessory or conditional uses within the industrial district (l). Permitted uses Agricultural services (0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops, with or without fertilizing, shall be a minimum of 500 feet from a residential zoning district. 0722- 0724, 0761, 0782, 0783). a 1 * * c. * 34. lvliscellaneousservices(8999). 35. tt/obile food dispensinq veh icle(s). oermanent. with no alcohol sales and/or amplified sound providinq outdoor entertainment, subiect to LDC section 5.05.16. 350. NIotor freight transportation and warehousing (4212, 4213- 4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). [Renumber remainder of list] Conditional uses. The following uses are permitted as conditional uses in the industrial district (l), subject to the standards and procedures established in LDC section 10.08.00 ******** **** 10.Lumber and wood products (2411, 2421, 2429). tt/obilelood djsBensinq vehicle(s), permanent, with alcohol sales11 to LDC section 5.05.16. 11,12. lVotor freight transportation and warehousing e226, oil and gas storage, and petroleum and chemical bulk stations, but not located within 500 feet of a residential zoning district). [Renumber remainder of list] ***** Page 9 of 15 Words st+uek+n+eugh are deleted, words underlined are added o o ** Page 2039 of 4908 B DRAFT 8/20/2024 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. lt 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. The following uses, as identified within the latest edition of the Standard lndustrial Classification Jvlanual, 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. c,Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: ********** 1 * * d Conditional uses: 1. Ancillary plants. 2. lt/obile food dispensinq veh icle(s). oermanent, subiect to LDC section 5.05.16 L3 Vehicle racing - applicable to the Immokalee Regional Airport only. ******* A SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05 Civic and lnstitutional 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 lnstitutional Zoning Districts 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 laMully 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. Page 10 of 15 Words s+ue*+nreush are deleted, words underlined are added. 6 Ao Page 2040 of 4908 2 3 DRAFT 8/20/2024 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. 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. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. 4 * * c. * ****** 9 Libraries. lVoblle food dispensinq vehicle(s), oermanent, with no alcohol10. to LDC section 5.05.16. 1+11. Nluseums [Renumber remainder of list] 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. lr/ental health and rehabilitative facilities, not for profit. 70. tVobile food dispensinq vehicle(s), permanent, wit[ alqohol to LDC section 5.05.16. U14. Resource recovery plants. [Renumber remainder of list] SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS Section 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the collier county Land Development code, is hereby amended to read as follows: Section 2.03.06 Planned Unit Development Districts Page 11of '15 Words s+ru€k+hr€ugh are deleted, words underlined are added cPage 2041 of 4908 DRAFT 8/20/2024 l. lr/obile food disoensinq vehicle(s\ (MFDV), permanent is not an allowed use in a PUD unless the PUD specificallv lists it as a permissible use. B * ** **** * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS 2.03.09 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.09 Open Space Zoning Districts ******** Conservation District 'CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. lt is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the conservation land use designation on the future land use map of the Collier County GIVP. 1. Allowable uses. The following uses are allowed in the CON District. c.Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in LDC section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. Page 12 of 15 Words s+ue*+nreugh are deleted, words underlined are added .fPage 2042 of 4908 3. DRAFT 8/20/2024 Commercial uses accessory to permitted uses a,4.3., aA.4. and aA.7 above, such as retail sales of produce accessory to farming, or a restaurant or permanent mobile food dispensinq vehicles accessory to a park or preserve, so long as limitations are imposed to ensure that the commercial use functions as a subordinate use. SUBSECTION 3.H. AMENDMENTS TO SECTION 4.05.04 PARK!NG 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. ** **** SUBSECTION 3,I. AMENDMENT TO ADD NEW SECTION 5.05.16 MOBILE FOOD DISPENSING VEHICLES, PERMANENT Section 5.05.16 tt/obile 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 Dispensinq Vehicles. Permanent Page 13 of 15 Words s+ue*+nreush are deleted, words underlined are added. C tvledical/dental office or clinic (outpatient care facility) 1 per 200 square feet mobile food di veh seats. Itlotel 12 per 10 guestrooms (this includes the required parking for the motel office and all accessory recreationalfacilities designed primarily for motel guests). Where accessory uses are designed primarily for motel guests, they shall be computed as follows: 67 percent of normal requirements for restaurants, 1 per 350 square feet for other retail uses, 1 per 100 square feet for meeting rooms, ballrooms and convention rooms and 1 per 75 square feet for lounges, bars and niqhtclubs. Page 2043 of 4908 DRAFT 8/20/2024 disoensino vehicles nt IVFDVS). B. Applicabilitv. This section shall be applicable to all permanent MFDVS. event in accordance with LDC section 5.04 01 and I l-)C section 5 04 05 resnectivelv shall not be subiect to this section. D. Requirements and standards for all permanent [/FDVs. 1. Each lt/FDV shall operate from withi n a desionated area constructed of material in conformance with LDC section 4.05.02 B.1., shown on the site development Plan. 2. A maximum of five MFDV desiqnated areas shall be permitted for each acre of a Parcel. 3. One trash receptacle is required for each lvlFDV. unless there is a concrete or ma wall at least six feet in heiqht 5. No MFDV or ttllFDV desiqnated area shall be placed upon or operate from anv of the followino: a. Required vards, open soace, preserves, landscape buffers, or within conservation or drainaqe easements; b. RequUed patktng spEees- c. Public or private road riqhts-of-wav or access easements: or ch a manner as to block a d zones, fire lanes, access roads, or otherwise interfere with vehicular or pedestrian circulation. restrooms. licensed oublic establishment mav operate durinq e same hours of such MFDV, as permitted bv F.S. Section 509.102(2). However, the tt/FDV shall *** Page 14 of 15 Words s+rue*+n+eugh are deleted, words underlined are added ,tr' CPage 2044 of 4908 DRAFT 8/20/2024 SECTION FOUR: CONFLICT AND SEVERABILITY ln 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 Gtt/P shall prevail. ln the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. lf any phrase or portion of this Ordinance is held invalid or unconstitutional by any coutl 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 lN 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this - day of 2024. By ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney 04-cM D-01 077 I _ (__.1 _l _\ 22-LDS-00230 t262 Lt _t _) BOARD OF COUNTY COIUTVIISSIONERS OF COLLIER COUNTY, FLORIDA By Chris Hall, Chairman Page 15 of 15 Words strse*+n+eugl are deleted, words underlined are added A Page 2045 of 4908 Page 2046 of 4908 Page 2047 of 4908 Page 2048 of 4908 RESOLUTION NO. 2021 — 216 A RESOLUTION APPROVING AN APPEAL OF OFFICIAL INTERPRETATION INTP-PL20210000943 AND FINDING THAT A FOOD TRUCK PARK IS NOT A PERMITTED USE IN THE C-2 AND C-3 ZONING DISTRICTS. [PL20210002121] WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, FCC Beach & Yacht, LLC filed a request for an official interpretation of the Land Development Code seeking to confirm that a food truck park is not a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts or any commercial component of a Planned Unit Development; and WHEREAS, on August 4, 2021 the Zoning Director issued Official Interpretation INTP- PL20210000943 (the "Official Interpretation") finding that a food truck park is a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts; and WHEREAS, on August 24, 2021, an appeal of the Official Interpretation was submitted by Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach & Yacht, LLC, owners of property within 300 feet of the proposed food truck park; and WHEREAS, on October 12, 2021, the Board of County Commissioners, acting as the Board of Zoning Appeals (the "Board"), held a properly noticed public hearing to consider Petition ADA-PL20210002121; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. The Board finds that a food truck park is not a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts. 2. Petition Number ADA-PL20210002121, submitted by Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach & Yacht, LLC, is 21-CPS-02139/1674471/2] Isle of Capri-Food Truck Park(ADA) 1 of 2 PL20210002121 Page 2049 of 4908 hereby APPROVED in accordance with the record of the proceedings of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on October 12, 2021. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion, second and majority vote this 12th day of October, 2021. ATTEST: BOARD OF ZONING APPEALS CRYSTAj lc,KINZEL, CLERK COLLIE 0 TY, FLORIDA f B} : By: tt@0t at1'S eputy ClerZc Penny Taylo hairman Ana r 24 Approve•as, o or/i and le.al' • iI ov ilia., L. Jeffrey A ! lat il ow County A tor • 21-CPS-02139/1674471/2] Isle of Capri-Food Truck Park(ADA) 2 of 2 PL20210002121 Page 2050 of 4908 RESOLUTION NO. 2021 — 21 7 A RESOLUTION APPROVING AN APPEAL OF, AND DENYING, THE ADMINISTRATIVE APPROVAL OF A FOOD TRUCK PARK SITE DEVELOPMENT PLAN, SDP-PL20200001903. [PL20210001944] WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, FCC Beach & Yacht, LLC filed a request for an official interpretation of the Land Development Code seeking to confirm that a food truck park is not a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts or any commercial component of a Planned Unit Development; and WHEREAS, on July 29, 2021, County staff issued a Site Development Plan (SDP) approval letter, PL20200001903, for a food truck park on 2.21 acres located at 300, 320, and 322 Capri Boulevard and 218 Kon Tiki Drive, within the Commercial Intermediate Zoning District, C- 3; and WHEREAS, on August 4, 2021, an appeal of the administrative approval of the SDP was submitted by Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach& Yacht, LLC, owners of property within 300 feet of the proposed food truck park; and WHEREAS, on October 12, 2021, the Board of County Commissioners, acting as the Board of Zoning Appeals (the"Board"),held a properly noticed public hearing to consider Petition ADA-PL20210001944; and WHEREAS,all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. Petition Number ADA-PL20210001944, submitted by Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach & Yacht, LLC, is hereby APPROVED for the reasons set forth in the record of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on October 12, 2021. 10/14/2021 10/14/2021 Isle of Capri-Food Truck Park(ADA) 1 of 2 PL20210001944 Page 2051 of 4908 2. The administrative approval of the food truck park site development plan, SDP-PL20200001903, is reversed and hereby DENIED. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion, second and majority vote this 12th day of October, 2021. ATTEST: . BOARD OF ZONING APPEALS CRYSTe K. KINZ , CLERK COLLIER 0 TY, FLORIDA t,k%'"k PS: f C!+ T r_ 13y: K By: Attest putt' Cler Pe y Taylor, hairman i?,fl2tUr;.i ndy Approve, is s t i rl and ty: uij I liaiLa Jeffrey A. Tlatz !il w County At,' me 10/14/2021 10/14/2021 Isle of Capri-Food Truck Park(ADA) 2 of 2 PL20210001944 Page 2052 of 4908 RESOLUTION NO. 2021 — 218 A RESOLUTION DENYING AN APPEAL BY THE GRIDER REVOCABLE LIVING TRUST OF OFFICIAL INTERPRETATION INTP-PL20210000943. [PL20210002241] WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, FCC Beach & Yacht LLC filed a request for an official interpretation of the Land Development Code seeking to confirm that a food truck park is not a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts or any commercial component of a Planned Unit Development; and WHEREAS, on August 4, 2021, the Zoning Director issued Official Interpretation INTP- PL20210000943 finding that a food truck park is a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts; and WHEREAS, Robert K. Lincoln, Esq. of the Law Office of Robert K. Lincoln, P.A. and Noel J. Davies, Esq. of Davies Duke, PLLC, representing the Grider Revocable Living Trust, filed Petition ADA-PL20210002241, which appealed the administrative approval of INTP- PL20210000943 to clarify that the official interpretation is not site specific; and WHEREAS, on October 4, 2021, counsel for Grider Revocable Living Trust provided a conditional withdrawal letter stating the following: Regarding the above-referenced matter, based on representations from the County that the subject of the Official Interpretation is not site- specific and Mr. Yovanovich's agreement to same, my client hereby withdraws its above-referenced Appeal of Official Interpretation. WHEREAS, on October 12, 2021, the Board of County Commissioners, acting as the Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition ADA-PL20210002241; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. 21-CPS-02144/1674266/21 Appeal of Official Interpretation 1NTP-2021-PL-0943(ADA) 1 of 2 PL20210002241 Page 2053 of 4908 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. Petition Number ADA-PL20210002241 filed by Robert K. Lincoln, Esq. of the Law Office of Robert K. Lincoln, P.A., and Noel J. Davies, Esq. of Davies Duke, PLLC, representing the Grider Revocable Living Trust, is hereby DENIED for the reasons set forth in the record of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on October 12, 2021. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion, second and majority vote this 12th day of October, 2Q21. ATTEST: ",''" C1 BOAR G OF ZONING APPEALS CRYSTAL K. KINZEL LERK COL J E#iUNTY, FL, -i,DA 1 M" N C4 ra,.. it FirBy: 14, irN L By 114.419 f; 4 , r uty Cl Penny Taylor, ChairmanAttesta$t1.. , i si'natl1 .on , Approv: I a• t 1 f 1 and legality: i1l. Jeffrey At, la': ow County for , 21-CPS-02144/1674266/2] Appeal of Official Interpretation INTP-2021-PL-0943(ADA) 2 of 2 PL20210002241 Page 2054 of 4908 January 23, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 23, 2024 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Chris Hall Rick LoCastro Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk Troy Miller, Communications & Customer Relations Page 2055 of 4908 Page 1 January 23, 2024 COLLIER COUNTY Board Of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board Of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 23, 2024 9:00 am Commissioner Chris Hall, District 2; – Chair Commissioner Burt Saunders, District 3; – Vice Chair Commissioner Rick LoCastro, District 1 Commissioner Dan Kowal, District 4; – Crab Co-Chair Commissioner William L. McDaniel, Jr., District 5; – Crab Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 2056 of 4908 Page 2 January 23, 2024 ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA, AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED Page 2057 of 4908 Page 3 January 23, 2024 LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor Randy Holdman – Parkway Life Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) 20 Years Javier Moreno- Parks & Recreation 2) 25 YEAR ATTENDEES 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES a) 35 Years Danny Dominguez- Road Maintenance B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating January 25, 2024, as Naples Area Board of Page 2058 of 4908 Page 4 January 23, 2024 Realtors Day in Collier County. To be accepted by PJ Smith, 2024 President, NABOR®. 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This Item requires the Commission members to provide Ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance for the property from a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Mattson at Vanderbilt RPUD, to allow construction of up to 150 multi-family rental units with affordable housing on property located on the north side of Vanderbilt Beach Road, approximately 828 feet from the intersection of Vanderbilt Beach Road and Livingston Road, in Section 31, Township 48 South, Range 26 East, consisting of 5.88± acres. PL20220001011] (This is a companion to item 9B). (District 2) B. Recommendation to approve an Ordinance amending the Collier County Growth Management Plan to change the designation of property from Urban Designation, Mixed Use District, Urban Residential Subdistrict to Mattson at Vanderbilt Residential Subdistrict, to allow a maximum density of 150 multifamily rental units with affordable housing. The subject property is located on the north side of Vanderbilt Beach Road, approximately 825 feet from the intersection of Vanderbilt Beach Road and Livingston Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida, consisting of 5.88± acres. [PL20220001010] (This is a companion to item 9A) (District 2) 10. BOARD OF COUNTY COMMISSIONERS Page 2059 of 4908 Page 5 January 23, 2024 A. This Item to be heard at 5 PM. Recommendation to direct the County Attorney to advertise and bring back to the Board an ordinance that will implement a twelve-month moratorium on privately-initiated Growth Management Plan amendment applications for properties located adjacent to 1) Immokalee Road from I-75 east to Oil Well Road, and (2) Vanderbilt Beach Road from I-75 east to its end, while Growth Management Plan amendments are vetted with the public and advisory boards. (All Districts) 11. COUNTY MANAGER'S REPORT A. Recommendation to direct staff to advertise an Ordinance amending Ordinance 2002-63, which established the Conservation Collier Program and bring back the Ordinance at an advertised public hearing. (Jeff Klatzkow, Collier County Attorney & Jaime Cook, Director, Environmental Services and Development Review) (All Districts) B. Recommendation to approve the McDowell Housing Partners - Ekos on Collier application for Workforce Housing Land Acquisition Surtax Funding. (Cormac Giblin, Director, Housing Policy & Economic Development) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. B. Staff Project Updates Page 2060 of 4908 Page 6 January 23, 2024 C. Staff and Commission General Communications 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. if discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to clarify the regulations pertaining to mobile homes located in the coastal high hazard area and to remove duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of Ordinances or with the Florida Building Code. (All Districts) 2) Recommendation to direct staff to advertise and bring back for a public hearing an Ordinance amending the Land Development Code, to update citations and correct scrivener's errors. (All Districts) 3) Recommendation to approve the release of a code enforcement lien with an accrued value of $46,800 for a reduced payment of $1,704 in the code enforcement action titled Board of County Commissioners v. Leonel Garza, et al., in Code Enforcement Board Case No. CEPM20090017577, relating to property located at 111 S. 7th St., Collier County, Florida. (District 5) 4) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer utility facilities for Foxfire Clubhouse, PL20230015698. (District 4) 5) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Groves at Orange Blossom Phase 2A, PL20230014003. (District 5) 6) Recommendation to approve a Resolution for final acceptance of the Page 2061 of 4908 Page 7 January 23, 2024 private roadway and drainage improvements and acceptance of the plat dedications for the final plat of Willoughby Preserve, Application Number PL20150000872 (PPL), and PL20160003121 (PPLA), and authorize the release of the maintenance security in the amount of 142,023.82. (District 2) 7) Recommendation to waive the nighttime hearing requirement and hear a Land Development Code amendment regarding food trucks and food truck parks at two regularly scheduled daytime Board of County Commissioner meetings and approve a request to advertise the Land Development Code Amendment. (All Districts) 8) Recommendation to approve the Conservation Collier Camp Keais Preserve Interim Management Plan 2-year update under the Conservation Collier Program. (All Districts) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to approve Amendment No. 1 to Agreement No. 20- 7818, “Design Services for Upper Gordon River Improvements,” with Johnson Engineering, Inc., to add design services for Section A of the Upper Gordon River project scope of services in the amount of 387,477.32, to extend the term of the agreement by 1,441 days, and authorize the Chairman to sign the attached amendment (Project 60102). (District 4) 2) Recommendation that the Board approve a proposed Ordinance Modification to Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), to reestablish an advisory committee to provide input to the County on matters related to the MSTU. (District 3) 3) Recommendation to approve and authorize the Chairman to execute Amendment No. 2 to Agreement 20CO3 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems, Beach Management Funding Assistance Program, for Dredging of Wiggins Pass and make a finding that this item promotes tourism. (All Districts) Page 2062 of 4908 Page 8 January 23, 2024 C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation that the Board of County Commissioners, as ex- officio the Governing Board of the Collier County Water-Sewer District, approve a Work Order to Haskins, Inc., pursuant to a Request for Quotation (“RFQ”) under Agreement No. 20-7800 for the “Glades IQ Pump Station and Tank Improvements” project, in the amount of 680,145.56, and authorize the Chairman to sign the Work Order. Project No. 70166.12) (District 1) 2) Recommendation that the Board of County Commissioners, as the ex- officio Governing Board of the Collier County Water-Sewer District, award Request for Quotation (“RFQ”) under Agreement No. 20-7800, the “Annual Agreement for Underground Utilities” to the lowest bidder, Kyle Construction, Inc., and authorize the issuance of a Work Order in the amount of $746,000.00 for the Pump Station 308.09 Rehabilitation project. (Project Number 70240.4.11) (District 4) 3) Recommendation to approve Change Order No. 2, providing for a time extension of 30 days under Construction Agreement No. 23- 8058, with Accurate Drilling Systems, Inc., for the “Golden Gate City Transmission Water Main Improvements – Phase 1A – Golf Course” project, and authorize the Chairman to sign the attached Change Order. (Project No. 70253) (District 3) 4) Recommendation to 1) approve an after-the-fact payment of Pay Application 1 in the amount of $16,636.00 for bond work completed, 2) approve the Master Pump Station Generator Replacement Projects for MPS 112.00 and 121.00 for purchase and installation of two (2) generators damaged from Hurricane Ian which erroneously did not have proper Board approval, as required under Agreement 19-7527 Electrical Contractors with Public Utilities Specialization, 3) approve Purchase Order 4500228495 to Simmonds Electrical, Inc. in the amount of $475,324.56, and 4) deem the expenditures have a valid public purpose (50280.6.5/50280.6.6). (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to accept two (2) non-restricted library grant Page 2063 of 4908 Page 9 January 23, 2024 donations in the amount of $200 to provide operational support for the Collier County South Library, from the Kirsch McLaughlin Trust through the Fidelity Charitable Grant Program in the amount of $100, and from the Eileen and Cono Fusco Fund through the Fidelity Charitable Grant Program in the amount of $100, and authorize the necessary Budget Amendments. (Public Services Grant Fund 1839) All Districts) 2) Recommendation to authorize the Domestic Animal Services Division to participate in fee-waived adoption program partnerships and authorize the County Manager or designee to execute any and all documents to effectuate participation in fee-waived adoption program partnerships. (All Districts) 3) Recommendation to approve and authorize the removal of uncollectable accounts receivables in the amount of $45,711 from the financial records of the Collier County Domestic Animal Services Division in accordance with Resolution No. 2006-252, make a determination this adjustment is in the best interest of the County, and authorize the Chairman to execute the attached Resolution. (All Districts) 4) Recommendation that the Board approves the current Collier County Sheriff’s Inmate Program at Domestic Animal Services that includes the Inmate Program, Court Ordered Weekend Worker’s Program, and Court Ordered Community Service Program. (All Districts) 5) Recommendation to approve a resolution authorizing the temporary closing of a portion of State Road 29 and determining that the closure is necessary for the Collier County Museums’ annual Immokalee Cattle Drive & Jamboree on March 9, 2024, to fulfill a Florida Department of Transportation (FDOT) temporary road closure permit application requirement. (District 5) 6) Recommendation to approve and authorize the submittal of three (3) Electronic Lien and Title Satisfactions with the State of Florida Department of Highway Safety and Motor Vehicles for the State Housing Initiatives Partnership Demolition and Replacement of Manufactured Home program (SHIP Grant Fund 1053). (All Districts) Page 2064 of 4908 Page 10 January 23, 2024 7) Recommendation to approve and authorize the Chairman to sign one 1) mortgage satisfaction following full principal payment of 320,000 and waive any unpaid interest owed. (All Districts) 8) Recommendation to approve and authorize the Chairman to sign two 2) Rapid Re-Housing and Homelessness Prevention Program Landlord Payment Agreements between Collier County and (1) Sameer Poddar and (2) Springhurst Properties, LLC, to provide grant- funded rental assistance to individuals and families who may be impacted by Hurricane Ian and who may also be homeless or at risk of homelessness in Collier County. (All Districts) 9) Recommendation to provide after-the-fact approval for the adoption fees waived by the Division Director of Domestic Animal Services for the period of August 30, 2021 through December 31, 2023, in the amount of $57,730, that were not in compliance with the procedures set forth in Resolution No. 2018-106. (All Districts) E. CORPORATE BUSINESS OPERATIONS F. COUNTY MANAGER OPERATIONS 1) Recommendation to authorize the Chair to execute twenty-one (21) Deed Certificates for purchased burial rights at Lake Trafford Memorial Gardens Cemetery and authorize the County Manager or designee to take all actions necessary to record the Deed Certificates with the Clerk of the Court’s Recording Department. (District 5) 2) Recommendation to authorize the Chairman to sign the revised Memorandum of Agreement between the Florida Division of Emergency Management offered to the County to accept and house a 250-kilowatt towable generator for shared use. (All Districts) 3) Recommendation to adopt a Resolution approving amendment appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2023-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Page 2065 of 4908 Page 11 January 23, 2024 Executive Summaries.) (All Districts) 4) Recommendation to approve administratively approved Change Order No. 1, adding 16 days and utilizing $47,484 of the owner’s allowance for Purchase Order No. 4500223994 under Agreement No. 19-7539 with Advanced Roofing, Inc., the “CCSO Jail (Building J2) Roof Replacement” project, for roofing replacement at the Collier County Sheriff’s Office Jail (Building J2), and authorize the Chairman to sign the attached change order. (Project No. 50229) (District 4) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner Decision No. 2024-05, granting a variance from LDC 5.05.09.G.2, which requires the base of a communications tower to be set back from the property line by a distance of two and one-half times the height of the tower, to reduce the setbacks from 375 feet to 72 feet on the northern and southern property lines and 375 feet to 220.7 feet on the eastern property line, for property located at 2560 39th St. SW, also known as Golden Gate Estates Unit 28 North 150 Feet of Tract 144, in Section 26, Township 49 South, Range 26 East, Collier County, Florida. (Petition No. PL20220003012) (All Districts) I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements in the amount of 84,002,773.75 were drawn for the periods between December 28, 2023 and January 10, 2024 pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of January 17, 2024. (All Districts) Page 2066 of 4908 Page 12 January 23, 2024 K. COUNTY ATTORNEY 1) Recommendation to reappoint two (2) members to the Collier County Code Enforcement Board. (All Districts) 2) Recommendation to reappoint two (2) members to the Land Acquisition Advisory Committee. (All Districts) 3) Recommendation to appoint three (3) members to the Parks and Recreation Advisory Board. (All Districts) 4) Recommendation to approve an insurance settlement whereby the County will receive $10,000 to settle and release its claim against James Fortunato for costs incurred to repair bridge damage, and to authorize the County Manager or designee to execute the release. (All Districts) L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to terminate for convenience Agreement No. 23- 8144 for “Holiday Lights and Decoration Rental and Installation Services” with Light ‘Er Up LLC. (All Districts) 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. for those items which are quasi-judicial in nature, all participants must be sworn in. A. Recommendation to adopt a Resolution approving amendment appropriating carry forward, transfers, and supplemental revenue) to the Page 2067 of 4908 Page 13 January 23, 2024 FY23-24 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) B. Recommendation to adopt an Ordinance amending the Collier County Land Development Code, to update the provisions related to wireless communication facilities. [PL20230013966] (First of two hearings) (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. Page 2068 of 4908 January 23, 2024 Page 89 the ground and make something pencil today. Jamie will probably back me up on that one. It just doesn't work. And so that's all going to stop. And we don't believe we're going to have the labor problems that we had before, and we've learned our lessons related to subs and contractors, et cetera, and we've already got a plan in place to make this much quicker. CHAIRMAN HALL: Great. Thank you, Pat. So we have a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Moving forward. MR. SHEAR: Thank you. Item #11C WAIVING THE NIGHTTIME HEARING REQUIREMENT AND HEAR A LAND DEVELOPMENT CODE AMENDMENT REGARDING FOOD TRUCKS AND FOOD TRUCK PARKS AT TWO REGULARLY SCHEDULED DAYTIME BOARD OF COUNTY COMMISSIONER MEETINGS AND APPROVE A REQUEST TO ADVERTISE THE LAND DEVELOPMENT CODE AMENDMENT – MOTION TO APPROVE WITH MODIFICATIONS BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 16A7, now Item 11C. This is a recommendation to waive the nighttime hearing requirement and hear a Land Development Code Page 2069 of 4908 January 23, 2024 Page 90 amendment regarding food trucks and food truck parks at two regularly scheduled daytime Board of County Commissioners meetings and approve a request to advertise Land Development Code amendment. This is being brought to the agenda at Commissioner Saunders' request, and Mr. Mike Bosi, your Director of Planning and Zoning, is here to answer questions or present. COMMISSIONER SAUNDERS: Mr. Chairman, I can be very quick. Obviously, food truck parks can have a rather significant impact on a community. And I know that there was a public hearing and I guess a neighborhood information meeting. And my question is for the Board, because this can be such an impactful type of a project, should we have at least one nighttime hearing? I'm not a fan of nighttime hearings even though we've got one this evening. But I'm just wondering, in terms of this particular issue whether or not that should be given some consideration. I'm okay with having both hearings during the day, but I wanted to at least have a little bit of discussion as to whether we should open this up a little bit more. So that's my question. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. Thank you, Chairman. I like the idea of at least testing it, you know. We're hearing from a lot of citizens who they would like to see this meeting in the evening, which is not realistic. You know, we get those emails all the time. You know, we're all at work and we can't participate. And it's like, okay, we're at work, too, and this is where our work happens. You know, if you remember back to the conversation of the Isles of Capri food truck park, and then we talked a bit about Celebration Park, I think when it comes to the food trucks, it's still a really new Page 2070 of 4908 January 23, 2024 Page 91 and unique, you know, type of thing that we don't have our arms fully around. So one of the things I've said generically is night, day, evening, morning, whenever, I'm all for, you know, not squelching citizen comment or flushing out as much back -- feedback as we can get. So it doesn't mean we're passing something that says from here on out in perpetuity we'll have all nighttime meetings, but I didn't know if there was something in the middle that showed we were trying to be positive, and then if it didn't have a positive result, then, okay, we tried it. And so -- I don't know. That was just my initial thought. I might not know every single detail that you're trying to kind of cover, but my initial thought was it doesn't hurt, and we see what happens, but... CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I agree. I mean, if it's -- I think in this digital age that we have with hybrid meetings -- I know we all do town halls and have them with multiple, multiple options for folks to attend. You know, I'm not opposed to having an evening meeting, at least one of these hearings in the evening, but I'm -- you know, if -- on the same token, I don't really see the need for it either. It's conducting business. And I take -- I know myself, and I know most of us do as well -- personally, I take emails and phone calls and comments from people whether they're standing at the podium and wearing a red shirt -- in the room as most important as the folks that are standing at the podium and wearing a red shirt [sic]. So, I mean, what was your intent, Commissioner Saunders? I mean, I think the intent was to waive the hearings, the nighttime hearings, and hear these -- hear these food truck amendments during the day. COMMISSIONER SAUNDERS: Well, that's what the request Page 2071 of 4908 January 23, 2024 Page 92 is of staff, and I understand it, and there was a public hearing in the evening on this early on. But people don't really get energized over issues until they see something in the paper or they know something's coming up for us to vote on. Now, this is not site specific, and so it may not generate any interest, but if there was a food truck park, for example, going into Isle of Capri, as an example, the one we had, there would be tremendous interest in that because it's site specific. So there may not even be anybody that would show up for this. But these are very controversial, and that's just a thought. But as I said, I have no issues with having two daytime hearings, but I just thought it was worth a discussion on an issue like this. COMMISSIONER McDANIEL: When I was reviewing this, I was -- this is more of an adoption of the Land Development Code criterium to -- because the way I understand it, we're going to be hearing every single one of these. It's going to become a conditional use when one of these proposed already existent zoning classifications qualifies for a food truck park. That's still not going to be a by-right process. They still have to come to us, and that would be -- those would be the ones that I would prefer, when the site-specific ones are coming to us, that maybe we move those to a nighttime hearing. But this one is -- this is just Land Development Code adjustments to facilitate those site-specific and move them to -- my understanding is move them to a conditional-use process. COMMISSIONER SAUNDERS: Well, that convinces me that we don't need to have a night hearing on this as long as we are flexible to having a night hearing when an application comes before us. COMMISSIONER McDANIEL: I'm looking at him making sure he's shaking his head positively, because I don't want to misquote what his intent is. Page 2072 of 4908 January 23, 2024 Page 93 MR. BOSI: And, Mike Bosi, zoning director. As it's proposed, there's not a requirement. And the conditional use is triggered when you have any proposed outdoor amplified sound or alcohol being associated with these food trucks. One food truck at a commercial center that doesn't have amplified sound or alcohol does not require a Board approval. That could be straight -- a Site Development Plan amendment. But it's if they have alcohol involved or if they have alcohol and it is amplified sound, those are the ones that require conditional uses. COMMISSIONER SAUNDERS: Well, what I was looking at was there's two things here. It's regarding food trucks and food truck parks, and it was the food truck parks -- MR. BOSI: Parks. COMMISSIONER SAUNDERS: -- that's got my attention. We certainly don't need a nighttime hearing on an application for putting a food truck at a bazaar, at a park, or something like that. But if we're going to develop a food truck park similar to what was discussed on Isles of Capri, then I think something like that probably should come back at night. So I'll make the motion to approve waiving the nighttime hearing for this purpose. But if we do have a food truck park -- it's not part of the motion. But if we do have a food truck park, I think consideration should be given to having something like that in the evening. MR. BOSI: And staff can modify the proposed language to put verbiage that we will poll the Board of County Commissioners as to whether you would like to see that conditional-use hearing moved to a nighttime hearing. COMMISSIONER SAUNDERS: That would be perfect. MR. BOSI: We can put that within the proposed ordinance. We'll make some modifications. Page 2073 of 4908 January 23, 2024 Page 94 Just to let you know, we did have a nighttime hearing with the Planning Commission on the 7th of December. There were no public who attended. And I think you're right, unless it's a site-specific location, it's hard to get the public to get excited about the proposal of an LDC amendment. COMMISSIONER SAUNDERS: So I'll make that motion to approve this with the understanding that if there is a food truck park, that the Board will be presented with the opportunity to have a night hearing if the Board so chooses at that time. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. Yeah, I mean, I was on the same lines with Commissioner McDaniel on the way I looked at this. And now Mr. Bosi's kind of confirmed it, that, you know, if it's specific and we're looking at a particular park and somebody wants to develop -- designate their food trucks -- and, I mean, you could see we've already exercised our time-certain. We're going to do that today at 5 o'clock. And I think, you know, we get the temperature of our constituents on a particular item like this, if there is a food truck, that we're going to hear it, and, you know, a park, we're going to hear it in the future regardless, that, you know, we can always exercise the time-certain, you know, and not have to create a whole, you know, nother ordinance or something just on those lines. So I feel comfortable with the motion the way it is, so I'll second it. CHAIRMAN HALL: So just to follow up my comments, you know, I don't want to get into the habit of every hot issue that comes up that we need to feel obligated to do it in the evening meeting. I know, like Commissioner McDaniel, I've got the best interest of my constituents. It may not be what I personally want to do, but I'm going to back them. That's what they elected me to do. Page 2074 of 4908 January 23, 2024 Page 95 And whether they're in the room at 7 o'clock at night or whether they're -- they've made their emails plain, their phone calls plain, I don't take any -- no one's more important here than they are on my email. And I want to say that because I don't mind doing -- I'm not a -- let's see. I'm not opposed to making the extra effort, but I don't want to get into the habit of feeling like we need to pacify people that just can make it in the evenings when they have every ample opportunity to let us know and to communicate in times advanced. So with that comment, we have a motion and we have a second to waive this. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: Commissioners, that is the end of our regular agenda items except for public comment on general topics not on the current or future agenda that weren't addressed previously. It may be something -- do we have one now? MR. MILLER: Well, that's just it. I have a Zoom person that was mislabeled. Actually, we probably should have heard them at 7. With your indulgence, can we hear them now? CHAIRMAN HALL: Yes. MR. MILLER: Jackie Keay is joining us on Zoom. Jackie, you're being prompted to unmute yourself. I know you're there, Jackie. There you go. You have three minutes. MS. KEAY: Can you hear me? MR. MILLER: Yes, we can. MS. KEAY: Oh, I'm here for sure. MR. MILLER: Go ahead, Jackie. MS. KEAY: So good afternoon. My name is Jackie Keay. I Page 2075 of 4908 February 27, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida February 27, 2024 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: ChrisHall RickLoCastro Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk Troy Miller, Communications & Customer Relations Page 2076 of 4908 Page 1 February 27, 2024 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AIRPORT AUTHORITY AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 27, 2024 9:00 AM Commissioner Chris Hall, District 2; – Chair Commissioner Burt Saunders, District 3; – Vice Chair Commissioner Rick LoCastro, District 1 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO AN IN- PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF Page 2077 of 4908 Page 2 February 27, 2024 ALLEGIANCE. ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS Page 2078 of 4908 Page 3 February 27, 2024 PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112- 5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor Grant Thigpen, New Hope Ministries. 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended Ex Parte Disclosure provided by Commission members for consent agenda.) B. October 10, 2023, BCC Minutes C. February 6, 2024, BCC Workshop Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) Joseph Olivier- Information Technology b) Christopher Ambach- Code Enforcement c) Years Anthony Dimeglio- Water 2) 25 YEAR ATTENDEES a) Andrew Brown- Information Technology Page 2079 of 4908 Page 4 February 27, 2024 b) Annmarie Mitchell- Parks & Recreation c) Jorge Lazo- Wastewater 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES a) Rudy Luna- Water B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS A. This Item to be heard no sooner than 10 A.M. Recommendation that the Board of County Commissioners, sitting as the Board of Zoning Appeals, review the appeal of the August 18, 2023, Official Interpretation issued by the Zoning Director regarding the type of use or uses that qualify as a neighborhood fitness and community center, a Conditional Use in the Golf Course Zoning District, and uphold the interpretation of the Zoning Director that a “neighborhood fitness and community center” is a facility that serves the fitness and community needs of various neighborhoods and a broader community. This is a county-wide Interpretation not specific to the Lakewood Golf Course. All Districts) 9. ADVERTISED PUBLIC HEARINGS Page 2080 of 4908 Page 5 February 27, 2024 A. This item has been continued to the April 23, 2024, BCC Meeting. Recommendation to amend Collier County Growth Management Plan to add the JLM Living East Residential Overlay to allow a maximum density of 305 multi-family dwelling units with affordable housing for property within the Rural Fringe Mixed Use District- Receiving Lands. The subject property is located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of ±37.2 acres. PL20220003804 (Companion to Items #9B and #9C) (District 3) B. This item has been continued to the April 23, 2024, BCC Meeting. This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning of real property from a Rural Agricultural (A) zoning district within the Rural Fringe Mixed-Use Overlay-Receiving District and within the Special Treatment Overlay (ST) for the project to be known as JLM Living East RPUD, to allow construction of up to 305 multi-family dwelling units with affordable housing on property located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, consisting of 37.2± acres. PL20220003805 (Companion to Items #9A and #9C) District 3) C. This item has been continued to the April 23, 2024, BCC Meeting. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20230007642 to disclaim, renounce, and vacate the County and the Public interest in the 10-foot-wide public road right-of-way easement over the westerly 10-feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet south of Immokalee Road (CR-846) and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (Companion to Items #9A and #9B) (District 3) 10. BOARD OF COUNTY COMMISSIONERS Page 2081 of 4908 Page 6 February 27, 2024 A. This Item to be heard at 9:30 A.M. Request that the Board consider scheduling a referendum on returning to at-large commission districts, wherein each Commissioner would reside in one of the five Commission Districts but would be elected in a County-wide vote. All Districts) B. Recommendation to hear the reconsideration of the McDowell Housing Partners - Ekos on Collier project approval of Workforce Housing Land Acquisition Surtax Funding, made during discussion of Item #11B at the January 23, 2024, BCC Meeting. (All Districts) 11. COUNTY MANAGER'S REPORT A. Recommendation to consider a request by Rural Neighborhood, Inc. and Renaissance Hall at Old Course, LLC for an extension of the financing commitment deadline to March 26, 2024, and approve the Second Extension to Financing Commitment Deadline in the Developer Agreement and Lease for the Golden Gate Golf Course Housing Project. (Ed Finn, Deputy County Manager) (District 3) 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board authorizes staff to prepare an amendment to the Growth Management Plan resulting from a mediation concerning a July 28, 2010, Developer Agreement involving the Randall Boulevard Commercial Subdistrict, and authorize staff to engage a transportation engineer in order to complete the County’s portion of a Transportation Impact Statement required for the Amendment. (District 5) 13. OTHER CONSTITUTIONAL OFFICERS A. Recommendation to appoint two Commissioners as regular members, three Commissioners as alternate members, and ratification of appointed citizen member and alternate citizen member for a one-year period on the Value Adjustment Board. (All Districts) 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 2082 of 4908 Page 7 February 27, 2024 A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public Comments on General Topics Not on The Current or Future Agenda by Individuals Not Already Heard During Previous Public Comments in this Meeting B. Staff Project Updates C. Staff And Commission General Communications 16. Consent Agenda - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance of the potable water, irrigation quality water, and sewer facilities and accept the conveyance of the potable water, irrigation quality water, and sewer facilities for SkySail - Phases 3 and 5 of Phase 1B, PL20230012348. (District 5) 2) This item requires that Commission members provide ex- parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Rivergrass North - Phase 1A (Application Number PL20220007569), approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of 8,858,927.35. (District 5) 3) This item requires that ex-parte disclosure be provided by Page 2083 of 4908 Page 8 February 27, 2024 Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of City Gate Commerce Center, Phase One, Replat of Lots 7, 8, and 9, Application Number PL20230017041. (District 3) 4) Recommendation for the Board of County Commissioners approve the issuance of a sign permit within Collier County Right-of-Way for the purpose of the relocation of the Olde Cypress ground sign as a result of the intersection improvements at Logan Blvd and Tree Line Drive in accordance with Permit Application Number PRSG20231044670. (District 2) 5) Recommendation to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in the amount of $33,559.05 to the Project Engineer or Developer’s designated agent for Tree Farm Apartments, PL20220004818. (District 3) 6) Recommendation to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in the amount of $11,196 to the Project Engineer or Developer’s designated agent for Christ the King Church Offsite Watermain, PL20220002981. (District 1) 7) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Groves at Orange Blossom Phase 2A-2, PL20230018322. District 5) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to approve the award of Invitation to Bid ITB”) No. 23-8150, “Bike Lanes Along 111th Ave. N. east of Bluebill Ave. Bridge to 7th St. N. (LAP),” to Thomas Marine Construction, Inc., in the amount of $1,771,602.07, approve Owner's Allowance of $100,000, authorize the Chairman to sign the attached Construction Services Agreement, and authorize the necessary Budget Amendments. (Companion Item Page 2084 of 4908 Page 9 February 27, 2024 to #16B2) (District 2) 2) Recommendation to approve and authorize the Chairman to sign a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) to provide a lump sum deposit of $176,576.95 to support the construction engineering inspection (CEI) of bicycle lanes on 111th Ave North from the foot of the Bluebill bridge to 7th Ave North, and authorize the necessary budget amendment, FPN 441846-1-58-01. (Project 33620, Fund 3081) (Companion Item to #16B1) (District 2) 3) Recommendation to approve and authorize the Chairman to sign a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) to provide a lump sum deposit of $192,192.67 to support the construction engineering inspection (CEI) of sidewalk on Carson Rd. from Westclox St. to Carson Lakes Circle, and authorize the necessary Budget Amendment, FPN 441480-2-62-01. (Project #33622, Fund 3081) (Companion Item to #16B4) (District 5) 4) Recommendation to approve the award of Invitation to Bid ITB”) No. 23-8155 “Eden Park Elementary Sidewalks LAP)” to Marquee Development, Inc., in the amount of 1,314,943.50, approve Owner’s Allowance of $100,000, authorize the Chairman to sign the attached Construction Services Agreement, and authorize the necessary Budget Amendment. (Companion Item to #16B3) (District 5) 5) This Item Continued from the February 13, 2024, BCC Meeting. Recommendation to award Request for Professional Services (“RPS”) No. 22-8015, “Professional Services for Nearshore Biological Monitoring,” to CSA Ocean Sciences Inc., and authorize the Chairman to sign the attached Agreement. (All Districts) 6) Recommendation to authorize expenditures for the single- source purchase, in an amount not to exceed $228,000, to obtain Wetland Mitigation and Panther Habitat Units credits from Panther Island Mitigation Bank Expansion, necessary for permitting requirements for the construction of the 16th Street Page 2085 of 4908 Page 10 February 27, 2024 NE Bridge Project (#60212). (District 5) 7) Recommendation to approve an Interlocal Agreement with the City of Naples for the construction of a partnership stormwater and water utility project within the Big Cypress Golf and Country Club Estates residential community. (All Districts) 8) Recommendation to approve an Agreement for the purchase of a pond site (Parcels 278POND and 279POND) required for the Wilson Boulevard (Golden Gate Boulevard to Immokalee Road) Project (Project No. 60229). Estimated Fiscal Impact: 602,000. (District 3, District 5) 9) Recommendation to approve and execute a Joint Participation Agreement (JPA) #445296 between the State of Florida Department of Transportation (FDOT) and Collier County in the amount of $390,000 for the Pine Ridge Interchange Landscape and Irrigation Relocation Project, authorize the Chairman to sign a Resolution and authorize the necessary Budget Amendments. (All Districts) 10) Recommendation to award Request for Professional Services RPS”) No. 23-8082, “CEI Services for Vanderbilt Beach Road from East of US-41 to East of Goodlette Frank Road Vanderbilt Beach Road 6 Lane Widening),” to Johnson Engineering, Inc., for a total not to exceed amount of 1,775,122.40, and authorize the Chair to sign the attached Agreement (Project #60199). (District 2) 11) Recommendation to approve a work order with APTIM Environmental & Infrastructure, Inc., to provide professional engineering services for 2025-2026 Local Government Funding Request under Contract No. 18-7432-CZ for time and material not to exceed $27,010.00, authorize the Chairman to execute the work order, and make a finding that this item promotes tourism. (Fund 195, Project No. 90065) (District 2, District 4) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award the Invitation to Bid (“ITB”) No. Page 2086 of 4908 Page 11 February 27, 2024 23-8168, “Latex Paint Collection and Recycling” to EnviroServe, Inc., and authorize the Chairman to sign the attached Services Agreement. (All Districts) 2) Recommendation that the Board approve Change Order No. 1, for work associated with Work Directives Nos. 1, 5, and 7 at a total cost of $880 utilizing the Owner’s Allowance and adding a total of 153 days to Construction Agreement No. 22-7992R, with Haskins Inc., for the Palm River Areas 1 and 2 Public Utilities Renewal project and authorize the Chairman to sign the attached Change Order No.1. (Project No. 70257 and 60234.1) (District 2) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to terminate for cause Revenue Generating Agreement No. 21-7854 for “Vending Machine Services,” with Refreshing Florida LLC. (All Districts) 2) Recommendation to accept and appropriate three (3) restricted donations from the Friends of the Library of Collier County, Inc., to the Collier County Public Library, totaling $47,770.04 to provide funding for various library programs and projects, and to authorize the necessary Budget Amendments. (All Districts) 3) Recommendation to accept and appropriate restricted donations from various donors in the amount of $37,695.50 for the benefit of the Collier County Public Library and to authorize the necessary Budget Amendments. (All Districts) 4) Recommendation to approve an Income Distribution from the Harvey M. Shreve Jr. Irrevocable Trust Account in the amount of $305,996.85 to the Collier County Public Library, to authorize the County Manager, or his designee, to complete any required forms, and to approve any necessary Budget Amendments. (All Districts) 5) Recommendation to approve and authorize the Chairman to execute a Memorandum of Understanding with the Dr. Piper Page 2087 of 4908 Page 12 February 27, 2024 Center for Social Services, Inc., to provide volunteer services for the Parks and Recreation childcare programs for a three- year term. (District 5) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to 1) approve the sale and disposal of surplus assets per Resolution No. 2013-095 via public auction on April 19, 2024; 2) accommodate requests for donations received from other government entities or legitimate Florida Non-Profit 501(c)(3) organizations prior to the auction; and 3) authorize the Procurement Director, as designee for the County Manager, to sign for the transfer of vehicle titles as a result of the public auction. (All Districts) F. COUNTY MANAGER OPERATIONS 1) This Item Continued from the February 13, 2024, BCC Meeting. Recommendation to award Invitation to Negotiate ITN”) 23-8177 “Gasoline and Diesel Fuel Multi-Agency Cooperative Purchase” to Palmdale Oil Company, LLC, and authorize the Chairman to sign the attached Agreement. (All Districts) 2) Recommendation to renew a Certificate of Public Convenience and Necessity for a Class 2 ALS non-emergency inter-facility ambulance transports to Just Like Family Concierge Medical Transport Services (D.B.A. Brewster Ambulance Service) to allow post-hospital inter-facility medical ambulance transfer services. (All Districts) 3) Recommendation to renew the North Collier Fire Control and Rescue District’s Certificate of Public Convenience and Necessity for Advanced Life Support non-transport services for one year and authorize the Chairman to execute the Permit and Certificate. (All Districts) 4) Recommendation to approve administrative Change Order No. 5 for a 30-day time extension under Collier County Jail Laundry Renovation Agreement No. 22-7959R with OneSource Page 2088 of 4908 Page 13 February 27, 2024 Construction Company & Builders, Inc. (Project No. 50185) District 1) 5) Recommendation to adopt a Resolution approving amendments appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2023-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) (28089) 6) Recommendation to approve Tourism Development Tax Promotion funds to support the upcoming March 2024 Sports Tourism Event, Trilogy Lacrosse, up to $10,000, and make a finding that these expenditures promote tourism. (All Districts) 7) Recommendation to award Invitation to Bid (“ITB”) No. 23- 8138R, “Collier County Courthouse Cable Infrastructure Rewiring,” to Chris-Tel Company of Southwest Florida, Inc., d/b/a Chris-Tel Construction, in the amount of $1,769,076.00, approve Owner’s Allowance of $172,485, and authorize necessary Budget Amendments and the Chairman to sign the attached Construction Services Agreement. (District 4) 8) Recommendation to approve administratively approved Change Orders No. 3, No. 4, and No. 5 adding 106 days to the project schedule and $31,786.18 to Agreement No. 22-7960 with Waypoint Contracting, Inc., for the Collier County Emergency Service Center East Bay Enclosure, and authorize the Chairman to sign the attached Change Orders. (Project No. 50390) District 1) G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its chairman to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Career Aviation Flight Training and Aircraft Rental, Holding, LLC, for vacant aeronautical use office space at the Marco Island Executive Airport. (District 1) Page 2089 of 4908 Page 14 February 27, 2024 2) Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its chairman to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Career Aviation Flight Training and Aircraft Rental, Holding, LLC, for vacant aeronautical use office space at the Marco Island Executive Airport. (District 1) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements in the amount of $31,467,796.81 were drawn for the periods between February 1, 2024, and February 14, 2024, pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of February 21, 2024. (All Districts) 3) Recommendation that the Board of County Commissioners provide approval for the State of Florida E911 Board/E911 State Grant Program and for the Chairman to sign the grant agreement. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to reappoint a member to the Contractors Licensing Board. (District 4) 2) Recommendation to appoint two members to the Land Acquisition Advisory Committee. (All Districts) 3) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Scott Commercial Contracting LLC, Page 2090 of 4908 Page 15 February 27, 2024 and any other responsible parties, for $23,949.52 in damages caused to a 16-inch potable water main near the intersection of Tamiami Trail North (U.S. 41), 107th Avenue North, and Creekside Boulevard. (All Districts) L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board acting as the Community Redevelopment Agency Board (CRAB) approve an After-the- Fact electronic grant application submittal in the amount of 1,200,000 to the Collier County Community and Human Services FY 2024/2025 Housing and Urban Development HUD) Community Development Block Grant (CDBG) for the First Street Pedestrian Safety Improvement Project within the Immokalee Community Redevelopment Area. (District 5) 2) Recommendation that the Board acting in its capacity as the Community Redevelopment Agency Board (CRAB) approve an Economic Development Initiative (EDI) Community Project Funding (CPF) Direct Deposit Sign-Up Form for a grant agreement with the U.S. Department of Housing and Urban Development (HUD) for the construction of the Immokalee Sidewalk Phase III Project, and authorize the Chairman of the BCC and/or the Co-Chairman of the CRA, as appropriate, to sign the Direct Deposit Sign-Up Form. (District 5) 17. Summary Agenda - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. Page 2091 of 4908 Page 16 February 27, 2024 A. This Item is being continued to the March 26, 2024, BCC Meeting. Recommendation to adopt an Ordinance amending the Collier County Land Development Code to clarify the regulations pertaining to mobile homes located in the coastal high hazard area, to remove duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of Ordinances or with the Florida Building Code, and to update citations and correct scrivener's errors. PL20220005067 and PL20230014143] (All Districts) B. Recommendation to adopt an Ordinance amending the Collier County Land Development Code, to update the provisions related to wireless communication facilities. [PL20230013966] (Second of two hearings) All Districts) C. 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) (All Districts) D. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance amending Ordinance No. 2001-10, as amended, the Collier Boulevard Mixed Use Commerce Center Planned Unit Development MPUD), to increase the maximum zoned height of two buildings on Lot 2 from 50 feet to 55 feet near the southwest corner of Collier Boulevard (C.R. 951) and Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. PL20230010984] (District 3) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252- 8383. Page 2092 of 4908 February 27, 2024 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everybody. Welcome to the Collier County Board of Commissioners meeting. And as we get started this morning, I just want to remind you, if you have not already silenced your cell phone, you might want to consider that because we have implemented a new spotlight system that if your phone goes off, wong (indicating). Not really, but it's a good idea. COMMISSIONER McDANIEL: It is a good idea. CHAIRMAN HALL: And I do want to remind you, if you plan on public speaking this morning, we're going to love to hear everything you have to say in three minutes. That little yellow light will go off about the two minute and 30-second mark, and 30 seconds later, the red light goes off. And when the red light goes off, the plane lands. So I'll appreciate you remembering that. And also, this is not emotional for us, so if you're agreeing with the public speakers, just agree silently. Keep the clapping -- we don't want to hear the clapping. We don't want to hear the negative comments if you disagree. This is a professional meeting, and we're going to run it that way. So with that in mind, we'd like to welcome Pastor Grant Thigpen to open us up in prayer. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE BY PASTOR GRANT THIGPEN, NEW HOPE MINISTRIES - INVOCATION GIVEN PASTOR THIGPEN: Heavenly Father, we come into your presence with thanksgiving this morning. Lord, I thank you for your Page 2093 of 4908 February 27, 2024 Page 139 MR. YOVANOVICH: I think that's all you are limited to do. COMMISSIONER KOWAL: I'll amend my motion then, if I can do so. CHAIRMAN HALL: Sure. COMMISSIONER KOWAL: All right. Make a motion to reject the original interpretation as not being based on competent substantial evidence. CHAIRMAN HALL: Second. All in favor? Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Same motion carries, just different words. MR. PIRES: Thank you, Mr. Chairman. COMMISSIONER McDANIEL: Coordinated adjectives. Item #9D 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) ALL DISTRICTS) - DIRECTION FOR STAFF TO BRING BACK A REPORT AT A FUTURE BCC MEETING MS. PATTERSON: Commissioners, that brings us to Item 17C, now Item 9D. This is a recommendation to adopt an ordinance Page 2094 of 4908 February 27, 2024 Page 140 amending the Collier County Land Development Code to establish provisions for food truck parks and mobile food dispensing vehicles. This is being moved to the regular agenda by each commissioner's separate request, and Mr. Bosi is here to present. MR. BOSI: Good afternoon. Mike Bosi, Planning and Zoning director. Before you today we have the proposed LDC amendments related to how the county will handle food truck and food truck parks moving forward. We had a recommendation, some modifications that were provided by the DSAC, a recommendation of approval and site modifications related to fire lanes that came from the Planning Commission. We had no public opposition to the proposal, and we placed it on your summary agenda. A couple days ago, Mr. Yovanovich and Mr. Wayne Arnold submitted some material asking for some changes to the -- to the proposed ordinance and want to provide the Board the opportunity to weigh in on those proposed changes to get some direction. The way that we've had it proposed, right now in the C-2 -- C-3, C-4, and C-5 zoning district, if the Board -- if the food truck did not contain alcohol sales and amplified sound permit, it would be a permitted use. If it contained alcohol and/or the amplified sound, it would be a conditional use. It's been suggested by Mr. Yovanovich that that -- in the C-3, C-4, and C-5, that all of them should be proposed as conditional uses to provide for an extra layer of protection an extra analysis of compatibility to make sure that nothing will crop up from the development of these food trucks. We also have a provision that within the C-1, C-2, or C-3 categories -- or, I'm sorry, C-3, C-4, or C-5 categories, that two or less trucks could go in as a matter of right, not as a food truck, but Page 2095 of 4908 February 27, 2024 Page 141 just as stand-alone trucks as well. Not sure if the Board of County Commissioners had any issue with that, but I don't think that has been addressed by Mr. Yovanovich's letter. I wanted to see what the appetite of the Board of County Commissioners was regarding those individual changes. CHAIRMAN HALL: Say that again. So two trucks could go in by right? MR. BOSI: Two trucks or less could go in by right within the C-3, C-4, or C-5 zoning district as an accessory use to the primary use on the property. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chair. I actually sent a note immediately to Ms. Patterson to pull this, and I'm glad to see the other commissioners thought so. I hadn't seen Mr. Yovanovich's letter yet, but then when I saw it, there was -- most of what was in the letter I agreed with, and it made me think back to the last time we talked about food trucks and what we all sort of collectively said, which was, we want to have closer oversight that a food truck park, whether it's two trucks or five trucks or eight trucks, they're all a bit different. I remember us talking about we don't really have our hands around, you know, what a food truck park could turn into, and we referenced Celebration Park. I always say the people that love Celebration Park are usually the people that don't live near it. And so I didn't want -- I didn't want to see anything on the summary agenda that made looser approval of food truck parks. And I don't think 10 of them are going to come to us every meeting. And maybe in a year, we could write something that maybe -- once we get a little bit more knowledge and we feel more comfortable that we haven't just let these things plop around. And when I met with the staff hearing that there are single food Page 2096 of 4908 February 27, 2024 Page 142 trucks all over one particular district which, you know, I won't name here, but that commissioner probably knows that have popped up with minimal to no approvals, but, you know, they're kind of in an okay spot and it's not a big deal, and that's not the way the county should work. So to me, if it's -- you know, if we want to have something that allows one truck, there should be some verbiage. To me, two trucks or more is a park, or could be. And then when we spoke, you know, privately in my office, you know, Mr. Bosi and, you know, Mr. French and Ms. Scott were there. You know, my concern is these things -- you know, two food trucks park in a parking lot seems like no big deal, but then somebody has a birthday party there, you know, on a Friday night, and so then they hire a band, and then we get a million e-mails that the noise is too much even though, you know, it's written in there, no music, no nothing. And so my thought was these things are still pretty fresh. I don't think we -- you know, we -- it costs us too much to have these things be vetted a little bit until we really get a better feel for it. And then I also think the ones that were brought to my attention that are just sort of parking outside of restaurants and sitting there until somebody says something, we need to take a look at those because when we send a signal to the restaurateurs that, hey, Bob parked his food truck there, it's been there for six months, and nobody said anything; that's how these things pop up, and then they start to grow. You know, you talk to citizens around Celebration Park; they never thought it would turn into what some people tell me, and I agree, is sort of like an outdoor Seed to Table. And I'm not saying they're breaking any laws or anything, but, boy, we sure do get a lot of pushback. And then we even hear from our own staff when we had this conversation before about food trucks that, wow, it sort of got -- it got bigger than what we kind of thought Page 2097 of 4908 February 27, 2024 Page 143 it would be. So I pulled it just because I wanted to have a discussion and maybe that -- and, you know, I said this to you, Mr. Bosi, I'm not -- my position isn't to be directive to you and say, here's what it should say, but I'd like -- I'd feel a lot better if the staff took a look at it a little bit deeper and came back with more detailed verbiage that would give us better oversight for any of these requests that we're sort of bigger than a breadbox, and I think it's most of them. And it's not a big number. So I remember one time, a commissioner that used to sit here, Commissioner Solis, one time he said at a meeting -- I don't even know if I was elected -- and he says, I don't want to be approving a food truck park, you know, in every single meeting, you know. We should leave that to the staff. We're not going to get that many. But I think -- I'll just speak for my district, District 1, I'd like to have tighter oversight so I know where they're going. I want to make sure the constituents are pleased with it, and that they're not just -- I'm not going to just drive by one day and go, wow, where did that come from, and then find out from the staff, oh, remember when you thinned out the rules? Well, they're not in violation of anything. It's okay. So that's why I pulled it. Seeing other names of commissioners there, I'd love to hear from the other commissioners. Maybe they pulled it for a different reason. But I pulled it because I really wanted something more detailed to come back from the staff that would give us more oversight and visibility and tighter control and approval. I'm not saying, you know, we shoot down every food truck park, but that was my reasoning, so... CHAIRMAN HALL: So before I go to Commissioner McDaniel, and then Commissioner Kowal's on deck, in staff meetings yesterday, you explained it very well about, you know, the Page 2098 of 4908 February 27, 2024 Page 144 taco truck and when it just shows up and then when a permit's required and then versus the continued use or by right. MR. BOSI: And we have a provision towards where if it's a food truck park just parking at an establishment for four hours or less, there's no permit that would be required. If there's -- the second stage above that is the accessory food truck -- food truck that's at an establishment that permits food truck parks. Those can be permitted through a Site Development Plan improvement or Site Development Plan insubstantial change for one or two food trucks, and it sounds like there is some concern -- CHAIRMAN HALL: How long? How long would that permit last? MR. BOSI: Permanently. COMMISSIONER LoCASTRO: Permanently. MR. BOSI: Permanently. And then the third tier is your food truck park, and those are the ones that we're proposing in C-3, C-4, and C-5. Like I said, we had a differential. If you had amplified music and alcohol sales, that's a conditional use. If you had just -- if those weren't present, they could be permitted. It sounds like, at least from -- one commissioner would agree with Mr. Yovanovich, would like to see all of those food truck parks be placed as a conditional use for the Board of County Commissioners to evaluate whether it's an appropriate use or not? CHAIRMAN HALL: Yes. Commissioner McDaniel. COMMISSIONER McDANIEL: One other one would, too. I -- and I also -- I want to be very careful and distinguish between permittable uses and illegal uses. The abuse that happens with food trucks at large is rampant. We've got a commercial -- we've got a lot of -- and, you know, we just had a discussion about neighbors and where the comma is, and what the proper -- what the proper adjective Page 2099 of 4908 February 27, 2024 Page 145 was, but neighborhood commercial is different than C-3, C-4, C-5, but that doesn't mean that a C-4 -- C-3, C-4, C-5 isn't in a neighborhood. And we have people -- I have people taking advantage of that. They park a food truck in their parking lot, theoretically by right, and then start consuming parking spaces that are available for a restaurant and then push the parking for other commercial properties that are in close proximity away and start taking up -- taking advantage of other people's property rights for the utilization of their own property by consuming land that's over here because they haven't necessarily done what they needed to do with a proper SDP. And I think we're not going to get overwhelmed with these things, and if we do, we can make a change at some particular stage. But I would -- individually, this is very -- to me this is, they have the right to ask, but we need to see what those impacts are on the nearby surrounding area to be able to make a determination and put limitations on noise and alcohol and parking and so on and so forth. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I definitely know the difference between the roach coach and a mobile one. They show up at the worksites at lunchtime and, you know, you get a hot meal, if you can. And I don't have a problem with that. You know, they're mobile. And then it comes down again mobile versus nonmobile. I mean, we have mobile homes that have been on blocks for 40 years. They're still called a mobile home. And sometimes these food trucks find a home in a parking lot somewhere, and they're not truly mobile. You know, they're there permanently. And I know the -- I just want to get more insight; maybe you can help me. Is the -- let's say Commissioner Saunders' district, for instance, Page 2100 of 4908 February 27, 2024 Page 146 I'm familiar with, you know, the tiki hut that serves the beer and the wine in the parking lot, you know, in the evening hours. That being a parking lot, being a C-3, I think it is, or whatever that particular plaza is, they would be able to have a food truck come, set up there the way it's written now. But who would watch to make sure they don't get a temporary amplified sound permit for one night or something like that? Because then it would kind of circumvent the process of saying, well, these are just allowed because they're not going to have amplified sound and not alcohol, but they are catering to a business that serves alcohol and that because they don't provide food. So what safeguard do we have that this is [sic] going to -- a reoccurring thing in a property that's very close to residential property, like in Commissioner Saunders' district? MR. JOHNSON: Thank you, Mr. Chair. Eric Johnson, for the record, planning manager. So I think what you're asking about are mobile food dispensing vehicles that are accessory to an already established principal use. COMMISSIONER KOWAL: Yes. MR. JOHNSON: And if -- so one or two wanted to come in, they wouldn't -- there are some standards that are proposed right now, and if they wanted to sell alcohol or have -- COMMISSIONER KOWAL: That's not what I said. MR. JOHNSON: Oh, sorry. COMMISSIONER KOWAL: They don't sell alcohol, they don't have amplified sound, but the business that doesn't provide food does serve alcohol. Like I use that example is that tiki hut which doesn't have a restaurant connected to it. It just has a beer and wine license in a parking lot, but then they want food service through a food truck, and then they get an amplified sound permit for the one evening every Friday, temporary, how do we control that? Page 2101 of 4908 February 27, 2024 Page 147 MR. JOHNSON: Well, the principal use would be allowed to continue to sell their alcohol as they normally would. The accessory use, mobile dispensing vehicle, would be allowed there by right as long as they're not having any amplified sound associated with outdoor entertainment or selling alcohol from that particular unit; however, I think -- COMMISSIONER KOWAL: So we would have a provision in there to say, well, are you a food truck, and you're asking for a temporary sound permit, and we'd deny them? MR. JOHNSON: If they're a food truck and they want to have amplified sound associated with outdoor entertainment -- COMMISSIONER KOWAL: Temporary. Because people can do that, even for your home. MR. JOHNSON: We would consider -- COMMISSIONER KOWAL: If you throw a party, you have to get a permit for a temporary amplified sound permit. MR. JOHNSON: We would consider temporary to be something that would require a comparable-use determination. That would go to the Hearing Examiner. We also have a temporary-use permit that allows these mobile food dispensing vehicles to be at a particular site for no more than 28 days within a calendar year. There's also exceptions where the Board of County Commissioners would be able to have -- under certain circumstances to be able to increase the number of days beyond that 28 days. I don't know if I answered your question. COMMISSIONER KOWAL: I think it was just more on the grounds of are we going to be able to have the ability to supervise this in a way that they're not getting this temporary sound permit even though they're a food truck, and they're telling you they don't serve alcohol and they don't have sound, but they're obtaining it for that particular evening, you know, because it's a Friday night, and Page 2102 of 4908 February 27, 2024 Page 148 they're entertaining. So that's what I'm -- I guess that's where I'm going at with it. MR. JOHNSON: The language right now just has it where, if they want to have it for one day or more, that would require a comparable-use determination, but we could -- COMMISSIONER KOWAL: Okay. That kind of answered my question. MR. JOHNSON: Which would go to the Hearing Examiner. COMMISSIONER KOWAL: Okay. MR. JOHNSON: Now, we could structure it so that if they want to apply for a temporary-use permit for a day or two days or under -- you know, within the constraints of that, that could also be a means to accomplish that. It depends on what you want. The way we have it structured -- COMMISSIONER KOWAL: What I'm trying to do is -- you're saying it's by right because they don't have music and they don't serve alcohol. MR. JOHNSON: Yes. COMMISSIONER KOWAL: But if they circumvent the system by running down and getting a temporary permit for a Friday or Saturday night, now they basically pulled one over you on, and they are having amplified music, and they're by right there. That's all I'm trying to say. Is there any way or mechanism we're going to have in place that this won't happen? MR. JOHNSON: We would want to -- if they were going to have it just one day or more, that would be a comparable-use determination. COMMISSIONER KOWAL: Okay. MR. JOHNSON: That's even above and beyond the temporary-use permit. That's a public hearing. COMMISSIONER KOWAL: Okay. Page 2103 of 4908 February 27, 2024 Page 149 CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Henceforth, conditional use, whether it's one or 10 or two. I mean, the second -- the second circumstance that's becoming very prevalent as well is containers, shipping containers. They're wrapping them and then dumping them -- dropping them off and calling them food trucks. We had -- I think over in Immokalee, I have -- now, those aren't legally permitted, but that's what they're doing is they're calling them food trucks and dumping them -- putting them on commercially zoned vacant lots. Now, they don't have permits. They're not legal. And that's the difference -- distinguishment between the two. But the concern I have is I just don't -- I just don't want to do a by-right conversion of commercial to an entirely separate use without -- without having -- without having the capacity to say no. If we do that by right, it happens. MR. JOHNSON: Understood. And we could structure it so that any instance of these things would require a conditional-use approval. COMMISSIONER McDANIEL: That's a simple answer for me. MR. BOSI: And what I would say is we do have a provision for a temporary-use permit where we issued the -- at a variety of special events, temporary use for food trucks, but those were only limited to 28 days, and they have to be -- you know, there's a tight window towards where they could -- you know, could operate. So what I'm hearing from the Board of County Commissioners, bring you something back that any proposed food truck would require a conditional use. And I'm also -- what I'm hearing, do you want that to go to the HEX with the discretion of the Board of County Page 2104 of 4908 February 27, 2024 Page 150 Commissioners, or do you want that just to come to the Board of County Commissioners? COMMISSIONER McDANIEL: In my personal opinion, it can go to the HEX. We have the right, if one gets approved by the HEX that there is issues with, we could always pull it and appeal that decision. I mean, it certainly would streamline the process to allow it to go to the HEX. We've already determined that we all have the right to appeal that decision and/or that process even in midstream. I'm okay with it going to the HEX. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I'm okay with it going to the HEX as well because, I mean, as involved commissioners, you have to monitor what's going to the HEX, if it's something like a food truck. And, I mean, I had one in my district that got approved by the HEX, and then I was like, no, not so fast, and then I brought it back here. So I'm good with that. What I would just like to see -- and I don't know if this is a motion, direction, or I've even got support from my fellow commissioners here. I would like to see what you just said, Mr. Bosi, is take what we've said up here, and I'd like to just see better verbiage. The reason I pulled this, I just didn't like the verbiage. It seemed very thin and loose, and last we talked about food trucks, we wanted to -- not tighter control, but better oversight. And what I read that was in the agenda, it seemed -- and then I saw Mr. Yovanovich's letter, and I thought, yeah, that's kind of what I was just thinking. He just said it better. And so I would just like to see something come back to us and then see if we all agree. But, you know, I think most people up here, you know, want to have better oversight of the food trucks, and we're already hearing that some people are already circumventing the Page 2105 of 4908 February 27, 2024 Page 151 system. Bring us some verbiage that allows that to not happen as much so that we can do something about it. And like I said in my office is, you said maybe -- it was Mr. Bosi -- you were, like, there's more than a few people circumventing it. Well, then let's get some verbiage in there so that, you know, then our code enforcement folks can do something about it and maybe are supported a little bit more possibly. MR. BOSI: Well -- and I understand, and we'll bring that back. What I will say is any of those food trucks that haven't been permitted on a temporary basis or if they've been there permanent and they haven't gone through the process, those are illegal. Those aren't endorsed by this code. So, you know, if a code enforcement officer is alerted towards it, you know, we can most certainly take action. But we will come back with a process that requires -- a conditional-use process for all food truck -- food trucks, whether food truck or food truck parks. We also allow for the temporary-use permit for that 28 days. But we'll bring it back based upon the contours of what you guys would like and see if we met the mark with that. COMMISSIONER LoCASTRO: That's what I was looking for. CHAIRMAN HALL: That's fine with me. Do we need a motion or -- COMMISSIONER LoCASTRO: Do we need a motion for that, or we just give direction? MR. KLATZKOW: Direction's fine. CHAIRMAN HALL: That's perfect. MR. BOSI: Thank you. MR. MILLER: Mr. Chair, I do have two registered speakers. Richard Yovanovich and Wayne Arnold. Page 2106 of 4908 February 27, 2024 Page 152 MR. YOVANOVICH: If it's okay, I'll waive. CHAIRMAN HALL: All right. MR. ARNOLD: Same here; I'll waive. CHAIRMAN HALL: Thank you, gentlemen. COMMISSIONER LoCASTRO: Was there a rumble out in the parking lot? Mr. Bosi's got his jacket off. Did something happen during lunch, you know? Did something happen? CHAIRMAN HALL: Mr. Yovanovich may want to hear again where you said that he said it better. COMMISSIONER LoCASTRO: Well, I didn't really mean that. He said it different. As Commissioner McDaniel always says, I'm going to say it different. COMMISSIONER McDANIEL: Same thing but different. COMMISSIONER LoCASTRO: Same thing but different. CHAIRMAN HALL: What's next, Ms. Patterson? Item #10B THE MCDOWELL HOUSING PARTNERS - EKOS ON COLLIER PROJECT APPROVAL OF WORKFORCE HOUSING LAND ACQUISITION SURTAX FUNDING, MADE DURING DISCUSSION OF ITEM #11B AT THE JANUARY 23, 2024, BCC MEETING. (ALL DISTRICTS) - MOTION TO MOVE THE PROJECT FORWARD WITH FUNDING BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: That brings us to Item 10B. This is a recommendation to hear the reconsideration of the McDowell Housing Partners Ekos on Collier project approval of workforce housing land acquisition surtax funding made during discussion of Page 2107 of 4908