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Agenda 01/28/2025 Item #17E (This has been continued to the February 11, 2025, BCC Meeting )1/28/2025 Item # 17.E ID# 2024-2224 Executive Summary *** This has been continued to the February 11, 2025, BCC Meeting *** Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, amending the Administrative Code for Land Development, which was created by Ordinance No. 2013-57, by amending the administrative procedures to create an application for Mobile Food Dispensing Vehicles, Permanent, Permit. (This item is a companion to 17D) OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the proposed amendment to the Collier County Administrative Code for Land Development (Administrative Code), which is a companion to a Land Development Code (LDC) amendment (PL20220006373). CONSIDERATIONS: The Administrative Code provides the processes and procedures for reviewing various land use petitions or applications identified with the LDC. 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 (PL20220006373). The LDC amendment proposes to allow permanent mobile food dispensing vehicles in certain zoning districts. The first hearing will be held on January 14, 2024. This Administrative Code amendment will amend Chapter 4 (Administrative Procedures) to create the permitting process for applicants who desire to obtain approval for their permanent mobile food dispensing vehicles. Apr oval of this Administrative Code amendment is contingent upon the adoption of the companion amendment to the LDC (see Item #2024-2205 under Summary Agenda). If the LDC amendment is not adopted or if it is revised, this resolution will be updated accordingly. CCYC RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed the companion LDC amendment on Thursday, December 7, 2023, at 5:05 p.m. An earlier iteration of this amendment to the Administrative Code was included as an exhibit in the LDC amendment packet. The CCPC unanimously recommended approval of the LDC amendment with the following changes requested by the Greater Naples Fire Rescue District: 1. In LDC section 5.05.16 D.3.e., include “fire lanes and access roads.” 2. In LDC section 5.05.16. F.1 requires connections to propane to occur "with breakaway connections." There were no members of the public in opposition. DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the companion LDC amendment on November 1, 2023. An earlier iteration of this amendment to the Administrative Code was included as an exhibit in the LDC amendment packet. 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 that the amendment shall only apply to new food truck parks after the Ordinance's adoption date. With the advice of the CAO, staff has determined that this stipulation is unnecessary and that prior approved Food Truck Parks and site plans with MFDVs are nonconforming per LDC section 9.03.00. 4. Staff shall review text in LDC section 2.03.06 with the County Attorney's Office prior to the Planning Commission meeting to see if there is an opportunity for 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 Page 3680 of 3681 1/28/2025 Item # 17.E ID# 2024-2224 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 IMYACT: There are no anticipated fiscal impacts to Collier County, as there is no advertising requirement for amendments to the Adminstrative Code. PROG TW MANAPEMENT IMYACT: There is no Growth Management impact associated with this action. LEPAL CONSIDERATIONS: TBD RECOMMENDATIONS: To approve the proposed Resolution amending Ordinance No. 2013-57, as amended, the Collier County Administrative Code for Land Development and direct staff as to any changes. YREYARED BH: Eric Johnson, AICP, CFM, Planning Manager, Zoning Division ATTACWMENTS: None Page 3681 of 3681