Resolution 2021-217 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
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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
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Jeffrey A. Tlatz !il w
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10/14/2021 10/14/2021
Isle of Capri-Food Truck Park(ADA) 2 of 2
PL20210001944