Agenda 01/28/2025 Item #17D (This item has been continued to the February 11, 2025, BCC Meeting )1/28/2025
Item # 17.D
ID# 2024-2205
Executive Summary
*** This item has been continued to the February 11, 2025, BCC Meeting *** Recommendation to adopt an Ordinance
amending the Collier County Land Development Code to establish provisions for Food Truck Parks and Mobile Food
Dispensing Vehicles. (Second of two hearings) (This item is a companion to 17E)
OBJECTIVE: To conduct the second of two hearings on a Land Development Code (LDC) amendment that establishes
provisions for Mobile Food Dispensing Vehicles (MFDV) and food truck parks.
CONSIDERATIONS: On April 15, 2021, staff received a request for an Official Interpretation of the Land
Development Code (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 with
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. Grider
Revocable Living Trust filed an additional appeal of the Official Interpretation, 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 (BZA). During the meeting, staff opined that the allowance of food truck parks is 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 is not a permitted use in the C-3 (see Attachment 3) and
denied the Site Development Plan (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 a Land Development Code (LDC) amendment supporting the Conditional Use process with respect to
food trucks (see Attachment 6).
Because this LDC amendment includes a proposed change to the list of actual permitted and conditional uses of land
within a zoning category, LDC section 10.03.06 K requires two Board hearings, with at least one hearing after 5:00 p.m.
on a weekday. 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 and advertise an
Ordinance that would amend the LDC. The Board moved the item from the consent agenda to the regular 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
Hearing Examiner (HEX) would hear a Food Truck Park Conditional Use petition and whether the public hearing would
occur 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 Board's 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).
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1/28/2025
Item # 17.D
ID# 2024-2205
On September 24, 2024, the Board approved the request staff brought forward as a consent agenda item, requesting
direction to waive the nighttime hearing requirement, hold two regularly scheduled daytime hearings, and advertise an
Ordinance amending the LDC.
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 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.
7. Creating a minimum off-street parking requirement for permanent MFDVs.
8. 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. Finally, the staff recognizes that the draft
ordinance defines permanent MFDVs as those that are not transient in nature or do not stop temporarily at a given
location. To offer guidance as to what constitutes transient and temporary, as contemplated, if an operator of an MFDV
has consent from the property owner. The operator would be allowed to conduct business on-site for no more than two
hours (excluding set up and break down time) without being subject to the proposed Ordinance. This policy for MFDVs
shall be independent of any duration used in the administration of roadside stands, which are provided for in Chapter 26,
Article I, Sec. 26-1 of the Collier County Code of Laws and Ordinances.
On January 14, 2025, the Board heard this item and approved the LDC amendment, contingent upon changing the
provisions such that mobile food dispensing vehicles require Conditional Use approval in all zoning districts. The
provisions of the draft ordinance (see Attachment 1) have been updated to reflect the Board's direction. This includes
changing the provisions of the Planned Unit Development so that mobile food dispensing vehicles will require
Conditional Use approval, except when it is listed as a permitted use. Because the legal advertisement for this hearing
was already posted with the older version and to avoid the need to re-advertise, staff is recommending the Board
recognize the following title, which reflects the changes requested by the Board from the previous hearing:
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1/28/2025
Item # 17.D
ID# 2024-2205
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO
ALLOW PERMANENT MOBILE FOOD DISPENSING VEHICLES AS PERMITTED BY RIGHT
WHEN LISTED AS A PERMITTED USE IN A PLANNED UNIT DEVELOPMENT AND AS A
CONDITIONAL USE IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3), GENERAL
COMMERCIAL DISTRICT (C-4), HEAVY COMMERCIAL DISTRICT (C-5), BUSINESS PARK
DISTRICT (BP), INDUSTRIAL DISTRICT (I) AND PUBLIC USE DISTRICT (P), AND 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, AND SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT 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 IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
CCPC Recommendation: An earlier iteration of this LDC amendment was reviewed by the Collier County Planning
Commission (CCPC) on Thursday, December 7, 2023, at 5:05 p.m. The CCPC unanimously recommended approval of
this LDC amendment with the following changes requested by the Greater Naples Fire Rescue District:
1. In LDC section 5.05.16 D.3.e., include “fire lanes and access roads.”
2. In LDC section 5.05.16. F.1., require connections to propane to occur "with breakaway connections."
There were no members of the public in opposition.
DSAC RECOMMENDATION: An earlier iteration of this LDC amendment was reviewed by the Development
Services Advisory Committee (DSAC) on November 1, 2023. The DSAC recommended approval, contingent upon the
following changes:
1. In LDC section 5.05.16 D.2, a wall may be higher than 6 feet. Reword the statement "… unless there is at
least an intervening 6-foot tall concrete or masonry wall" to read "…unless there is a concrete or masonry wall at
least six feet in height."
2. In LDC section 5.06.16 F.2, replace the word “ pads” with “ designated areas.”
3. Stipulate the amendment shall only apply to new food truck parks after the date of the adoption of the
Ordinance. With the advice of the CAO, staff has determined this stipulation is unnecessary and that prior
approved Food Truck Parks and site plans with MFDVs shall be nonconforming per LDC section 9.03.00.
4. Staff shall review text in LDC section 2.03.06 with the County Attorney's Office prior to the Planning
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Item # 17.D
ID# 2024-2205
Commission meeting to see if there is an opportunity for MFVD and Food Truck Parks to be a permissible use in
commercial PUD districts or make a cross-reference to similar uses. After meeting with the CAO, LDC
subsections 5.05.16 E.1. and E.3. have been revised to require a comparable use determination for PUD districts
and similar uses.
The Land Development Review Subcommittee of the Development Services Advisory Committee (DSAC) reviewed an
earlier iteration of this LDC amendment on October 17, 2023. The Subcommittee recommended approval, contingent
upon using the term "full cutoff" as opposed to "fully shielded" as it relates to the use of outdoor lighting fixtures.
FISCAL IMPACT: The costs associated with processing and advertising the proposed LDC amendment are estimated at
$2,016. Funds have been allocated within the Unincorporated Area General Fund (1011) and the Comprehensive
Planning Cost Center (138317).
GROWTH MANAGEMENT IMPACT: No growth management impact is associated wtih this action.
LEGAL CONSIDERATIONS: TBD
RECOMMENDATIONS: To adopt the proposed Ordinance amending the Collier County Land Development Code to
establish provisions for Food Truck Parks and Mobile Food Dispensing Vehicles.
PREPARED BY: Eric Johnson, Manager - Planning
ATTACHMENTS:
None
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