Agenda 02/11/2025 Item #17B (Resolution - Amending the Administrative Code for Land Development creating an application for Mobile Food Dispensing Vehicles, Permanent, Permit)2/11/2025
Item # 17.B
ID# 2024-2224
Executive Summary
*** This has been continued from the January 28, 2025, BCC Meeting *** Recommendation to adopt a Resolution of
the Board of County Commissioners of Collier County, Florida, amending the Administrative Code for Land
Development, which was created by Ordinance No. 2013-57, by amending the administrative procedures to create an
application for Mobile Food Dispensing Vehicles, Permanent, Permit. (This is a companion to 17A)
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the proposed amendment to the Collier
County Administrative Code for Land Development (Administrative Code), which is a companion to a Land
Development Code (LDC) amendment (PL20220006373).
CONSIDERATIONS: The Administrative Code provides the processes and procedures for reviewing various land use
petitions or applications identified with the LDC. On September 24, 2024, the Board approved the request staff brought
forward as a consent agenda item, requesting direction to waive the nighttime hearing requirement, hold two regularly
scheduled daytime hearings, and advertise an Ordinance amending the LDC (PL20220006373). The LDC amendment
proposes to allow permanent mobile food dispensing vehicles in certain zoning districts. The first hearing will be held
on January 14, 2024.
This Administrative Code amendment will amend Chapter 4 (Administrative Procedures) to create the permitting
process for applicants who desire to obtain approval for their permanent mobile food dispensing vehicles. Apr oval of
this Administrative Code amendment is contingent upon the adoption of the companion amendment to the LDC (see
Item #2024-2205 under Summary Agenda). If the LDC amendment is not adopted or if it is revised, this resolution will
be updated accordingly.
CCPC RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed the companion LDC
amendment on Thursday, December 7, 2023, at 5:05 p.m. An earlier iteration of this amendment to the Administrative
Code was included as an exhibit in the LDC amendment packet. The CCPC unanimously recommended approval of the
LDC amendment with the following changes requested by the Greater Naples Fire Rescue District:
1. In LDC section 5.05.16 D.3.e., include “fire lanes and access roads.”
2. In LDC section 5.05.16. F.1 requires connections to propane to occur "with breakaway connections."
There were no members of the public in opposition.
DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the companion
LDC amendment on November 1, 2023. An earlier iteration of this amendment to the Administrative Code was
included as an exhibit in the LDC amendment packet. The DSAC recommended approval, contingent upon the
following changes:
1. In LDC section 5.05.16 D.2, a wall may be higher than 6 feet. Reword the statement "… unless there is at
least an intervening 6-foot tall concrete or masonry wall" to read "…unless there is a concrete or masonry wall at
least six feet in height."
2. In LDC section 5.06.16 F.2, replace the word “ pads” with “ designated areas.”
3. Stipulate that the amendment shall only apply to new food truck parks after the Ordinance's adoption date.
With the advice of the CAO, staff has determined that this stipulation is unnecessary and that prior approved
Food Truck Parks and site plans with MFDVs are nonconforming per LDC section 9.03.00.
4. Staff shall review text in LDC section 2.03.06 with the County Attorney's Office prior to the Planning
Commission meeting to see if there is an opportunity for MFVD and Food Truck Parks to be a permissible use
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2/11/2025
Item # 17.B
ID# 2024-2224
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: There are no anticipated fiscal impacts to Collier County, as there is no advertising requirement for
amendments to the Adminstrative Code.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -
DDP
RECOMMENDATIONS: To adopt the proposed Resolution amending Ordinance No. 2013-57, as amended, the
Collier County Administrative Code for Land Development and direct staff as to any changes.
PREPARED BY: Eric Johnson, AICP, CFM, Planning Manager, Zoning Division
ATTACHMENTS:
1. Draft Resolution (12-12-2024)
Page 3705 of 3773
RESOLUTION NO. 2025 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORTDA,
AMENDING THE ADMINISTRATIYE CODE FOR LAND
DEVELOPMENT, WHICH WAS CREATED BY
ORDINANCE NO. 2OI3-57, BY AMENDING CHAPTER SIX,
WAIVERS, EXEMPTIONS, AND REDUCTIONS, TO ADD
SECTION O., ADMINISTRATIVE GUESTHOUSE
LEASING OR RENTAL FOR URBAN ESTATES ZONED
LOTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners ("Board") adopted Ordinance No.
2004-66 on October 12,2004, which created an Administrative Code for Collier County; and
WHEREAS, the Board subsequently amended Ordinance No. 2004-66 through the
adoption of Ordinance No. 2013-57 on September 24,2013;. and
WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B", the
Administrative Code for Land Development, which shall be maintained by the County Manager
or designee; and
WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain
the Administrative Code shall be made by resolution adopted by the Board; and
WHEREAS, the Board desires to revise the Administrative Code for Land Development,
to provide procedures for the leasing or renting ofguesthouses on lots zoned Estates and located
west of Collier Boulevard, as described in Exhibit "A", attached hereto.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COLTNTY, FLORIDA, that the Administrative Code for
Land Development, which was created by Ordinance No. 2013-57, is hereby amended as
follows:
SECTION ONE:AMENDMENT OF ADMINISTRATIVE CODE FOR LAND
DEVELOPMENT
Chapter 6, Waivers, Exemptions, and Reductions, of Exhibit "B", the Administrative
Code for Land Development, is hereby amended to add Section O., Administrative Guesthouse
Leasing or Rental for Urban Estates Zoned Lots, as set forth in Exhibit " A" , afiached hereto and
incorporated herein by reference.
Page I of2
(ho
[24-LDS-003 32/ 1909244 I 1l 94
Admin Code Amendment - PL202 40009067
Page 3706 of 3773
SECTION TWO: EFFECTIVE DATE
This Resolution shall become effective on the date of adoption by the Board.
THIS RESOLUTION ADOPTED upon majority vote this _ day of
By
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
Attachment:
[24-LD3-003 32 I 1909244 I tl 9 4
Admin Code Amendment - PL20240009067
2025
BOARD OF COTINTY COMMISSIONERS
COLLIER COLINTY, FLORIDA
By:
Burt L. Saunders, Chairman
Exhibit "A" - Chapter 6, Waivers, Exemptions, and Reductions, Section O.,
Administrative Guesthouse Leasing or Rental for Urban Estates Zoned
Lots
Page2 of2
g
o'floPage 3707 of 3773
EXHIBIT "A"
Collier County Land Development Code I Administrotive Procedures Manual
Chapter 6 | Waivers, Exemptions, and Reductions
O. Administrative Guesthouse Leasing or RentaI for Urban Estates
Zoned Lots
Reference
Applicability
Pre-Application
lnitiation
Application
Contents for
Guesthouse Rental
Compteteness
and Processing
of Appl.ication
Notice
IDC sections 1.08.02 and LDC section 5.03.03
This process applies to a request for rental use ofguesthouses on lots of zoned Estates and
located west of Collier Blvd. A guesthouse rental certificate is required prior to the leasing
or renting of the guesthouse. An annual renewal registration will be required to be
submitted to the Operations and Regulatory Management Division.
A pre-application meeting is not required.
The applicant files a "Guesthouse Rentol Registrotion Applicotion" with the Zoning
Division.
€See Chapter 1 D. for additional information regardingthe procedural stepsfor
initi ati ng a n application.
The application must include the following:
1. Applicant contact information.
2. Property information, including:
a. Property identification number and proof of homestead exemption.
b. Address of owner-occupied subject property and guesthouse.
c. Subdivision name, unit, block and lot number, if applicable; and
3. Current zoning ofsubject property.
4. Provision of at least one parking space dedicated to the guesthouse and a minimum of
two parking spaces for the principal dwelling unit.
5. Attestation that the duration of the lease will be a minimum of nine months.
6. A copy of the certificate of occupancy.
7. Affirmation that the guesthouse contains each of the following, in accordance with LDC
section 5.03.03 F.4.: sleeping facility, bathroom, and kitchen.
<}See Chapter 1 D.5 for the acceptance and processing of an application.
No notice is required
None.
The County Manager or designee.
The Operations and Regulatory Management Division will review the application, identlfy
whether additional materials are needed, and review the application for compliance with
the criteria established in LDC section 5.03.03. lf the application is approved, a
Guesthouse Rental Registration and Number will be issued.
oao
Public Hearing
Decision Maker
Review Process
Page 1 of 2
Exhibit "A" to Resolution
Page 3708 of 3773
Collier County Land Development Code ! Administrotive Procedures Manual
Chopter 6 | Woivers, Exemptions, ond Reductions
Updated
o
Yo
Page2ot 2
Page 3709 of 3773