Agenda 02/11/2025 Item #17A (Ordinance - Amending the Collier County Land Development Code establishing provision for Food Truck Parks and Mobile Food Dispensing Vehicles - 2nd of two hearings)2/11/2025
Item # 17.A
ID# 2024-2205
Executive Summary
*** This item has been continued from the January 28, 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 is a companion to 17B)
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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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
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Item # 17.A
ID# 2024-2205
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:
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.
An additional six food truck zoning certificates have been issued as a Home Occupation (for administrative purposes
only), which is in addition to the 17 reported in the Business Impact Estimate (for a total of 23 zoning certificates which
may be impacted by the proposed ordinance).
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
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Item # 17.A
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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
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 with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an affirmative vote of four
for adoption. -DDP
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:
1. Attachment 1 - Draft Ordinance Initialed (01-21-2025)
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 - 1-23-2024 BCC Meeting Minutes (pgs.89-105)
7. Attachment 7 - 2-27-2024 BCC Meeting Minutes (pgs. 139-152)
8. Public Letter
9. legal ad - agenda ID 24-2205 - 2nd Hearing Mobile Food Trucks LDCA-PL20220006373
10. Business Impact Estimate - agenda ID 24-2205 - 2nd Hearing Mobile Food Trucks
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ORDINANCE NO, 2025 _
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER GOUNTY, 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 GOUNTY, FLORIDA, TO ALLOW
PERMANENT MOBILE FOOD DISPENSING VEHIGLES AS PERMITTED BY
RIGHT WHEN LISTED AS A PERMITTED USE !N A PLANNED UNIT
DEVELOPMENT, AND AS A CONDITIONAL USE IN THE COMMERCIAL
TNTERMEDTATE DISTRICT (C-3), GENERAL COMMERCTAL DISTRICT (C-4),
HEAVY COMMERCIAL D|STRICT (C-5), BUSTNESS PARK DISTRICT (BP),
INDUSTRIAL DISTRICT (t), AND PUBLIC USE DISTRICT (P), AND WHEN
ACCESSORY TO A REGIONAL PARK, AND ESTABLISHING REGULATIONS
FOR PERMANENT MOBILE FOOD DISPENSING VEHICLES, BY PROVID!NG
FOR: SECTION ONE, REGITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPEGIFICALLY 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 ZON!NG 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, !NCLUDING SECTION 4.05.04 PARK!NG SPACE
REQUIREMENTS; AND CHAPTER FIVE - SUPPLEMENTAL STANDARDS,
BY ADDING A NEW SECTION 5.05.16 MOBILE FOOD DISPENSING
VEHICLES, PERMANENT; SEGTION FOUR, CONFLIGT AND
SEVERABILITY; SECTION FIVE, INCLUSION lN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATE.
1PL20220006373I
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No.91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No.04-41, which repealed and superseded Ordinance No.91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18,2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
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CAO
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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 Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. S 163.316'1 et seq.), and F.S. S 125.01 (1Xt) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. Vlll, S 1(g); anO
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
findings 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.
3. Section 163.3201, F.S., providesthatitistheintentof theActthattheadoption
and enforcement by Collier County of land development regulations for the total unincorporated
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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 GroMh
Management Plan (hereinafter the "Growth Management Plan" or "GMP") 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.
8. Pursuant to $ 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3Xb), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
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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 growth
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
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SUBSECT!ON 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
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Flovvway:A natural or manmade swath of land, varying in width and length, providing for
the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from
north to south, and providing beneficial wildlife habitat and aquifer recharge.
Food truck'. A
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
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.
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Mobile food vehicle (MFDV). Any vehicle that is oublic food service
establishment and that is self-propelled or otherwise movable from to place and includes
sometimes referred to as a food truck or trai r or food cart licensed bv the State of Florida
dispensing veh!cle MFDV)'. An MFDV that is not transient in nature or does not stop
temporarily at a qiven location. "Transient" means that an MFDV business on-site for
no more than two hours (excludino times for settinq up and breakinq ). Permanent MFDVs
are subiect to L section 5.05.16
SUBSECTION 3.8. 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 Services
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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
RFMU receiving and neutral lands. ln residential, agricultural, and estate zoned
districts and in RFMU 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 accessory permanent mobile food dispensinq
vehicles, and community parks;
Public parks and public library facilities;
Safety service facilities;
Other similar facilities, except as otherwise specified herein
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SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 2.03.03 Commercial Zoning Districts
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C.
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 GMP. The
maximum density permissible in the C-3 district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County GMP. The maximum density permissible
or permitted in the C-3 district shall not exceed the density permissible under
the density rating system.
The following uses, as identified 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
commercial intermediate district (C-3).
Permitted uses.
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17 tVlixed residential and commercial uses, subject to design criteria
contained in section 4.02.38 except where superseded by the
following criteria:
18. Mobile 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]
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Gonditional 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.
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D General Commercial District (C-4) The general commercial district (C-4) is intended to
provide for those types of land uses that attract large segments of the population at the
same time by virtue of scale, coupled with the type of activity. The purpose and intent
of the C-4 district is to provide the opportunity for the most diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The
outside storage of merchandise and equipment is prohibited, except to the extent that
it is associated with the commercial activity conducted on-site such as, but not limited
to, automobile sales, marine vessels, and the renting and leasing of equipment.
Activity centers are suitable locations for the uses permitted by the C-4 district
because most activity centers are located at the intersection of arterial roads.
Therefore, the uses in the C-4 district can most be sustained by the transportation
network of major roads. The C-4 district is permitted in accordance with the locational
criteria for uses and the goals, objectives, and policies as identified in the future land
use element of the Collier County GMP. The maximum density permissible or
permitted in a district shall not exceed the density permissible under the density rating
system.
The following uses, as defined with a number from the Standard lndustrial
Classification Manual (1987), or as otheruvise provided for within this section
are permissible by right, or as accessory or conditional uses within the general
commercial district (C-4)
Permitted uses.
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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 41114121, bus stop and
van pool stop only).
18. Mobile food dispensing vehicle(s), Dermanent. subiect to LDC
section 5.05.16
1&19. Motion picture theaters, drive-in (7833)
[Renumber remainder of list]
*
E 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
commercial services such as full-service automotive repair, and establishments
PageT of 14
o'lp
Words s+ue*+n+esgh are deleted, words underlined are added
1
*
Page 3656 of 3773
primarily engaged in construction and specialized trade activities such as contractor
offices, plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction- associated equipment and supplies within an
enclosed structure or have showrooms displaying the building material for which they
specialize. Outdoor storage yards are permitted with the requirement that
such yards are completely enclosed or opaquely screened. The C-5 district is
permitted in accordance with the locational criteria for uses and the goals, objectives,
and policies as identified in the future land use element of the Collier County GMP.
The following uses, as identified with a number from the Standard lndustrial
Classification Manual (1987), or as othenrvise 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.
1
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 passenger transportation (41314173).
73. Mobile food dispensinq vehicle(s). permanent. subiect to LDC
section 5.05.16.
+14. Motion picture theaters, drive-in (7833).
[Renumber remainder of list]
A
*
SUBSECT!ON 3.D. AMENDMENTS TO SECTION 2.O3.O4INDUSTRIAL ZONING DISTRICTS
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 ! nd ustrial 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
GMP.
Page 8 of 14
Words s+ue*++eugh are deleted, words underlined are added o'{c
*
*
Page 3657 of 3773
1 The following uses, as identified within the Standard lndustrial Classification
Manual (1987), or as otherwise provided for within this section, are permitted as
a right, or as accessory or conditional uses within the industrial district (l).
a Permitted uses
****
*
*
*
******
*
c 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).
77. Mobile food dispensino vehicle(s), permanent, with alcohol sales
to LDC section 5.05.16.
11,12. Motor freight transportation and warehousing (4226, 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]
B.Business Park District (BP). The purpose and intent of the business park district (BP) is
to provide a mix of industrial uses, corporate headquarters offices and
business/professional offices which complement each other and provide convenience
services for the employees within the district; and to attract businesses that create high
value;added jobs. 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 Manual, or as otherwise provided for within this section,
arc permitted as of right, or as uses accessory to permitted primary or
secondary uses, or are conditional uses within the business park district.
a Permitted primary uses. One hundred percent of the total business park
district acreage is allowed to be developed with the following uses:
*
1
Conditional uses:
1. Ancillary plants.
Page 9 of 14
Words s+ue*+n+eugh are deleted, words underlined are added
d
*
OVJ
Page 3658 of 3773
2. Mobile food dispensinq vehicle(s), permanent, subiect to LDC
section 5.05.16.
a.3.Vehicle racing - applicable to the lmmokalee Regional Airport
only.
***
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.05 CIVIG 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.
A.
*
4
*
*
1 Any public facilities that lawfully existed prior to the effective date of this Code
and that are not zoned for public use district (P) are determined to be conforming
with these zoning regulations.
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
***
2
3
c.Conditional uses. The following uses are permissible as conditional
uses in the public use district (P), subject to the standards and
procedures established in LDC section 10.08.00
9. Mental health and rehabilitative facilities, not for profit.
Page 10 ot 14
Words s+ue*+n+eugh are deleted, words underlined are added.
*
otsc
*
Page 3659 of 3773
10. Mobile food dispensinq icle(s). oermanent. with alcohol
to LDC section 5.05.16.
U4g. Resource recovery plants.
[Renumber remainder of list]
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTR!CTS
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
*
*
*
*
*
*
*
***
*
*
*
**
SUBSECT!ON 3.G. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE
REQUIREMENTS
Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.05.04 Parking Space Requirements
****
*
*
**
****
**
Table 17. Parking Space Requirements.
Page11of14
Words strue*+n+eugh are deleted, words underlined are added.
Medical/dental office or clinic
(outpatient care facility)
1 per 200 square feet
3 per mobile food dispensinq vehicle and 1 per 4 outdoor
seats.
Motel 12 per 10 guestrooms (this includes the required parking for
the motel office and all accessory recreational facilities
designed primarily for motel guests). Where accessory uses
are designed primarily for motel guests, they shall be
ob
*
l. Mobile food dispensinq vehicle(s) (MFDV), permanent is not an allowed use in a PUD
unless the PUD specificallv lists it as a permitted use.
G. Spaces required.
*
Page 3660 of 3773
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.
********
SUBSECTION 3.H. AMENDMENT TO ADD NEW SECTION 5.05.16 MOBILE FOOD
DISPENS!NG VEHICLES, PERMANENT
Section 5.05.16 Mobile Food Dispensing Vehicles and Food Truck Parks, is hereby added to
the Collier County Land Development Code to read as follows.
5.05.16 Mobile Food D ino Vehicles. Permanent
A. Purpese and The purpose and intent of these requlati are to establish the
dispensinq vehicles permanent MFDVs)
B. Appl This section shall be applicable to all nt MFDVs
errcnt tn 2 ccordance with I DC seetion 5 Ol anr{ I l-)C e.cntian 5 O4 O5 raqneetivclrr
shall not be su to this section
D. Requirements and rds for all oermanent MFDVS.
Each MFDV shall operate from withi n a desionated area constructed of material1
LDC section 4.05.02 B.1
Plan.
2. A maximum of five MFDV desiqnated areas shall be for each acre of a
Parcel.
3. One trash receptacle is required for each MFDV.
4.To reduce the potential impact on abuttino residential uses. MFDVs shall not
unless there is a concrete or masonry wall at least six feet in heiqht.
5. No IVFDV or MFDV desiqnated area shall be placed upon or operate from any of
the followinq:
a. Required yards, open space, preserves, landscape buffers, or within
conservation or drainaqe easements;
b. Required parkinq spaces;
c. Public or private road riq hts-of-way or access easements; or
Page 12 of 14
Words s+ue*+n+eugh are deleted, words underlined are added oa
o
*
Page 3661 of 3773
ln such a manner as to block
zones, fire lanes, access roads, or otherwis terfere with vehicular or
pedes'tran![culatian
restrooms.
7. Anv MFDV that is operated on same oremises as and bv a seoaratelv
*
licensed public food establishment m ooerate durinq the same hours of
such MFDV, as permitted bv F.S. Section 509.102(2). However. the MFDV shall
******
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 GMP 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 court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION !N 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.
fSpace lntentionally Left Blank]
Page 13 of 14
Words s+ue*+n+eugh are deleted, words underlined are added
.J
*
Page 3662 of 3773
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 28th day of January 2025.
By:
ATTEST:
CRYSTAL K KINZEL, CLERK
, Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
22-LDS-002s 0 t262 (1 121 t2025)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders, Chairman
Page 14 of 14
Words strue*+n+eugh are deleted, words underlined are added.ov
Page 3663 of 3773
Page 3664 of 3773
Page 3665 of 3773
Page 3666 of 3773
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 3667 of 3773
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 3668 of 3773
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 3669 of 3773
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 3670 of 3773
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 3671 of 3773
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 3672 of 3773
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 3673 of 3773
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 3674 of 3773
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 3675 of 3773
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
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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.
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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.
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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.
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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 3680 of 3773
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
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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
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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
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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
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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
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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
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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
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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,
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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?
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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
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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.
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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
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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 3693 of 3773
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 3694 of 3773
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 3695 of 3773
Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
February 26, 2024 Via Email: chris.hall@colliercountyfl.gov Chairman Chris Hall Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 RE: February 27, 2024, BCC Agenda Item 17.C., LDC amendments related to the establishment of provisions for Food Truck Parks and Mobile Food Dispensing Systems Dear Chairman Hall: I am writing to you to request that you remove agenda item 17.C. from the Summary Agenda. This item relates to Food Truck Parks and makes them permitted uses in the C-3 and C-4 zoning districts. I am further requesting that the Board of County Commissioners modify the draft ordinance to make a food truck park, whether having alcohol service or live entertainment a conditional use in the C-3 and C-4 zoning districts. I have several concerns about making food truck parks permitted uses by right in the C-3 and C-4 zoning districts. First, a food truck park is not comparable to a bricks and mortar restaurant in its operation or site characteristics. The collection of multiple mobile food dispensing vehicles does not require permanent utility connections and will most commonly utilize gasoline generators for the food dispensing vehicle. While the proposed supplementary standards require a 6’ high wall where a generator is utilized, the requirement does not consider the physical location of the generator and the proximity to nearby residential dwellings. Permitting the food truck park as a conditional use would review the potential noise impacts associated with the use of a generator. Second, food truck parks by their nature will have outdoor dining areas and no permanent building as the principal use. There are no standards proposed dealing with the aesthetics of a grouping of mobile food dispensing vehicles on a property. Brick and mortar buildings in Collier County area subject to architectural and site design standards, which does not seem consistent with the County’s intent to ensure that Collier County maintains an aesthetically appealing atmosphere for our residents and guests. The proposed amendments also establish standards for mobile food dispensing vehicles to be accessory uses on any property wherein a food truck park is a permitted use. This could greatly increase the number of food truck parks permanently operating in the County. This means that any other C-3 use (retail or office) could have a collection of food trucks operating on their site as a permitted accessory to the principal use. This should be further controlled through the Temporary
Page 3696 of 3773
Chairman Chris Hall
RE: February 27, 2024, BCC Agenda Item 17.C., LDC amendments related to the establishment of provisions for
Food Truck Parks and Mobile Food Dispensing Systems
February 26, 2024
Page 2 of 2
Use Permit review process whereby the location of improvements, vehicles, seating and the like can be reviewed in the context of proximity to residences and for a limited number of days rather than a permanent use of the property. Third, and most importantly, making a food truck park a conditional use will provide for public notice and input into a use, that without conditions (whether serving alcohol or having amplified sound), may not be appropriate for a proposed location. The conditional use process will allow staff, the public and the Hearing Examiner the opportunity to evaluate the proposed use and location as to consistency with the LDC, whether ingress/egress and pedestrian safety are adequately addressed, evaluate the impact of noise and odor on adjacent and nearby properties, and whether or not the proposed food truck park will be compatible with surrounding development. Arrangement of the mobile dispensing vehicles, existing and proposed buffers, distance from nearby residences and physical site improvements should all be evaluated in the public forum. I plan to be in attendance at the February 27, 2024 Board of County Commissioners meeting and look forward to further discussion as to why the food truck park use should be a conditional use rather than a permitted use in Collier County. Sincerely,
D. Wayne Arnold, AICP Director of Planning C: Commissioner Rick LoCastro Commissioner Burt Saunders Commissioner Daniel Kowal Commissioner William McDaniel Amy Patterson, County Manager Michael Bosi, Planning and Zoning Director
Page 3697 of 3773
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC) at 9:00 A.M. on January 28, 2025, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL to consider:
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 WITH NO ALCOHOL SALES AND/OR AMPLIFIED SOUND
PROVIDING OUTDOOR ENTERTAINMENT AS PERMITTED BY RIGHT WHEN
LISTED AS A PERMISSIBLE USE IN A PLANNED UNIT DEVELOPMENT OR WHERE
LOCATED IN THE INDUSTRIAL DISTRICT (I) OR PUBLIC USE DISTRICT (P), AND
AS A CONDITIONAL USE IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3),
GENERAL COMMERCIAL DISTRICT (C-4), HEAVY COMMERCIAL DISTRICT (C-5),
AND BUSINESS PARK DISTRICT (BP), IN THE INDUSTRIAL DISTRICT (I) AND
PUBLIC USE DISTRICT (P) WITH 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,
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. [PL20220006373]
Page 3698 of 3773
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation i s provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings 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 based.
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, to the provision of certain assistance. Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days
Page 3699 of 3773
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Jennifer Hansen
Deputy Clerk (SEAL)
Page 3700 of 3773
1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Published on County website by: January 8, 2025 [expected legal advertising date]
Proposed ordinance’s Short Title:
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 WITH NO ALCOHOL SALES AND/OR AMPLIFIED SOUND
PROVIDING OUTDOOR ENTERTAINMENT AS PERMITTED BY RIGHT WHEN
LISTED AS A PERMISSIBLE USE IN A PLANNED UNIT DEVELOPMENT OR WHERE
LOCATED IN THE INDUSTRIAL DISTRICT (I) OR PUBLIC USE DISTRICT (P), 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), AND IN THE INDUSTRIAL DISTRICT (I) AND
PUBLIC USE DISTRICT (P) WITH 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, 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. [PL20220006373]
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
Page 3701 of 3773
2
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
܆ The proposed ordinance is required for compliance with Federal or State law or
regulation;
տ The proposed ordinance relates to the issuance or refinancing of debt;
տ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
տ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
տ The proposed ordinance is an emergency ordinance;
տ The ordinance relates to procurement; or
տ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163-3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
To provide vendors of permanent mobile food dispensing vehicles the opportunity to
lawfully operate within the unincorporated lands of Collier County. The purpose of the
proposed Ordinance is to preserve and enhance the present advantages that exist in
Collier County; encourage the most appropriate use of land, water, and resources,
consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total
unincorporated area of Collier County. This Ordinance is intended to preserve, promote,
protect, and improve the public health, safety, comfort, good order, appearance,
convenience, and general welfare of Collier County; and protect human, environmental,
social, and economic resources; and maintain through orderly growth and development,
the character and stability of present and future land uses and development in Collier
County.
1 See Section 125.66(3)(c), Florida Statutes.
Page 3702 of 3773
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2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
Applicants for permanent mobile food dispensing vehicles may be expected to pay up to
approximately $10,140 in County fees, which includes the $4000 Conditional Use
application when such application is applicable.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
The proposed Ordinance lists mobile food dispensing vehicle(s), permanent, as either a
permitted, conditional, or accessory use on over 4,737 parcels, including but not limited
to regional parks, and located on lands throughout the County in any of the following
zoning districts: Industrial, Business Park, Public Use, Commercial Intermediate, General
Commercial, and Heavy Commercial. There are approximately 256 non-residential
Zoning Certificates that have been issued.
There is at least one Planned Unit Development that lists mobile food trucks as a
permitted use (Emmanuel Lutheran Church CFPUD).
As of October 1, 2024, a total of 17 food truck zoning certificates have been issued.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses.]
The Florida Statutes, which preempt local laws, currently allows mobile food dispensing
vehicles to operate on the same premises as and by a separately licensed public food
establishment. There are a total of 728 restaurants located throughout the County.
Page 3703 of 3773