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Resolution 2025-053 RESOLUTION NO.2025-53 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 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 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 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 COUNTY, 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-00230/1909224/1] 451 MFDV Admin Code-PL20240006373 Page 1 of 2 f40 SECTION TWO: EFFECTIVE DATE This Resolution shall become effective on the date of adoption by the Board. THIS RESOLUTION ADOPTED upon majority vote this I ITM day of MA U( 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL'K. KIN 'CLERK COLLIER COUNTY, FLORIDA By: - By: 44,45,, irio 'Attest a to al' nail e ty Clerk auan L sigriatu 1e n. . Ap ved as to form and legality: 0 Derek D. Perry Ar.'‘ Assistant County Attorney ,1,�L\ Attachment: Exhibit"A"- Chapter 4, Section R., Mobile Food Dispensing Vehicles, Permanent, Permit [22-LDS-00230/1909224/1] 451 MFDV Admin Code-PL20240006373 Page 2 of 2 0 40 Exhibit E - Collier County Land Development Code I Administrative Procedures Manual Chapter4 'Administrative Procedures R. Mobile Food Dispensing Vehicles. Permanent or Temporary Permit. Reference LDC subsections 5.05.16 and 5.04.05. F.S.5 509.013.509.101.509.102 and 509.241. Applicability Mobile food dispensing vehicles are a public food service establishment and maintain a license with the Florida Department of Business and Professional Regulation. Division of Hotels and Restaurants. This procedure applies to a request for the permanent or temporary placement of mobile food dispensing vehicles (MFDVs) also known as food trucks. Pre-Application A ore-application meeting is reauired for SDP. SDPA. or SIP and/or Conditional Use applications. For a SDPI or SIPI. a pre-application is not reauired, but the applicant must obtain ore-submittal authorization from the Development Review Division. The applicant files either an application for public hearing for conditional use or an Initiation application for either SDP,SIP.SDPI,SIPI approval, or application for temporary use permit for the type of special event,or a Mobile Food Dispensing Vehicle for Permanent Permit. t'vSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application contents shall follow the applicable submittal requirements of a Contents Conditional Use. SDP, SDPI, SIP. SIPI, or Temporary Use Permit-Special Event (See Chapter4 J.6.for additional information). 1. On a site development plan, the following information must be provided: a. Location of designated area for each MFDV, onsite public restrooms, and trash receptacle(s). b. MFDV distance from the property boundary line and any other on-site designated area for another MFDV. c. Reauired yards for the zoning district and open space. preserves. landscape buffer areas. d. Any public or private road rights-of way, access easements. conservation or drainage easements. e. Off-street parking spaces and bicycle parking spaces. f. Number of outdoor seats and tables, if proposed. g. Proposed location of temporary or permanent emergency generator(s). if proposed. 2. The current contact information. including names. addresses. phone numbers. emails. and any other information reasonably reauired by the County Manager or designee for the property owner, who is expected to have the contact information for each operator of the MFDVs that will visit the site. 3. For the permanent placement of a MFDV,the conditional use at a specific location must remain in effect with the property itself and not the MFDV. l.;AU • Exhibit E — Collier County Land Development Code I Administrative Procedures Manual Chapter4 Administrative Procedures 4. the hours of operation of an existing separately licensed public food establishment and whether the MFDV intends to operate before or after the posted hours of operation, if applicable. 5. For a temporary use permit, the hours of operation at each specific site. 6. Evidence of compliance with NFPA's food truck safety fact sheet. Completeness See Chapter 1 0.5 for acceptance and processing of an application. and Processing of Application Notice Notice is required for conditional use approval. otherwise none. Public Hearing Public hearing is reauired for conditional use approval. The Hearing Examiner or BZA shall hold at least 1 advertised public hearing_ See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker For an application that does not require a public hearing, the County Manager or designee. otherwise the Hearing Examiner or BZA. Review Process For the SDP or SIP application, the Development Review Division will review the application for compliance with LDC section 10.02.03. and whether additional materials are required. For the Conditional Use application, the Zoning Division will review the application, identify whether additional materials are needed,and prepare a Staff Report or Executive Summary to present to the Decision Maker. For the Mobile Food Dispensing Vehicles. Permanent or Temporary Use Permit, the Operations and Regulatory Management Division will review the application. identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in LDC section 5.05.16 or 5.04.05. Digital ,ry-See Chapters 4.1.2 and 4,1,3 Digital Requirements for a SDP or SIP. otherwise none. Submittal Requirements Recording See Chapter 3.C.1 Recording of Developer Commitments for Conditional Use. For all other applications not requiring a public hearing, none. Updated Resolution f2025-XXX1 rq r,