Agenda 03/11/2025 Item #16A14 (Resolution amending the Administrative Code for Land Development, created by Ordinance No. 2013-57, for Mobile Food Dispensing Vehicles, Permanent, Permit)3/11/2025
Item # 16.A.14
ID# 2024-2224
Executive Summary
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.
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 was 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. Approval of
this Administrative Code amendment was contingent upon the adoption of the companion amendment to the LDC (see
Item 17A on the February 11, 2025, Summary Agenda). If this 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
in commercial PUD districts or make a cross-reference to similar uses. After meeting with the CAO, LDC
Page 698 of 4027
3/11/2025
Item # 16.A.14
ID# 2024-2224
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. Resolution - MFDV Admin Code12122024-105217
Page 699 of 4027
RESOLUTION NO. 2025 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE ADMINISTRATIVE CODE FOR LANI)
DEVELOPMENT, WHICH WAS CR-EATED BY
ORDINANCE NO. 2OI3-57, BY AMENDING CHAPTER
FOUR, ADMINISTRATIVE PROCEDURES, TO ADD
SECTION R., MOBILE FOOD DISPENSING VEHICLES,
PERMANENT, PERMIT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners ("Board") adopted Ordinance No.
2004-66 on October 72,2004, 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 permitting a Mobile Food Dispensing Vehicle, Permanent, as described
in Exhibit "A," attached hereto.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COI-INTY, 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 Four, Administrative Procedures, of Exhibit "B", the Administrative Code for
Land Development, is hereby amended to add Section R., Mobile Food Dispensing Vehicles,
Permanent, Permit, as set forth in Exhibit "A", attached hereto and incorporated herein by
reference.
[22-LDS-002 30 I 1909224 I 1) 45 |
MFDV Admin Code - PL20240006373 Page I of2
caoPage 700 of 4027
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
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
Attachment:
[22-LDS-00230 I 1 909224 I 1l 4s 1
MFDV Admin Code - PL20240006373
202s
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders, Chairman
Exhibit "A" - Chapter 4, Section R., Mobile Food Dispensing Vehicles, Permanent,
Permit
Page2 of2
qo
Page 701 of 4027
EXHIBIT "A''
EXhibit E Gottier County Land Devetopment Code lAdministrative Procedures
Manual
C h a pte r 4 | Ad m i n i strative P roced u re s
R. Mobile Food
Reference
Appticabitity
Pre-Apptication
!nitiation
I lltC srrhscntinn 5 OE 16 and F S Q qr)q n13 5Oq 1r)1 soq 1i) anrl oq 2A1
The appticant fites either an apptication for pubLic hearing for conditional use or an
Apptication
Contents
€See Chapter 1 D. for additional
an application-
-@requirements of a
'a.
trash receptacte(s).
b.
designdted area for another MFDV.
c.
buffer areas.
-d.
drainage eesements.
e.
f. Number of outdoor seats and tabtes, if proposed.
e.
,. . P@PN-d-
2. The current contact i
for each operator of the MFDVS that witL visit the site.
outdoor entertainment
effect wlth the property itseLf and not the MFDV.
%Bxhibit "A" to Resolution
Page 702 of 4027
EXhibit E - Col,lierCounty Land Devetopment Gode lAdministrative Procedures
Manual
Chapter 4 | Administrative Procedures
operation. lf appticabte.
Compteteness
and Processing
of Apptication
Notice
Pubtic Hearing
Decision Maker
Review Process
Digitat
Submittat
U
oao
Page 703 of 4027