An appeal on land use rights has been initiated by FCC Beach and Yacht, LLC (Fiddler’s Creek) on the proposed Isles of Capri Food Truck Park. At issue is whether the zoning district where the food park would reside does, in actuality, allow that kind of business. The 12-page appeal was filed with Mike Bosi, Zoning Director of the Collier County Growth/Management Division.
On August 5, the Zoning Director made the determination that a food truck park is comparable to a restaurant and so permitted in all zoning districts that allow restaurants. Fiddler’s Creek is requesting that the Board of County Commissioners overrule Mr. Bosi’s interpretation of the zoning rules. The appeal states “the issue is whether to treat food truck parks as a use permitted by right within all zoning districts permitting a restaurant, without regard to the purpose and intent statement of the specific zoning district.” The appeal points out that the determination to approve the Isles of Capri Food Park relied upon the approval granted the food truck park on Bayshore Drive, a mixed-use overlay district, without an independent analysis.” The appeal also says that “the action by the Zoning Director effectively amends the LDCs definition of “restaurant” (for all commercial zoning districts) to include a “food truck park” as a permitted use.” Only the Board of County Commissioners can amend the LDC at a “duly noticed public hearing.”
Traffic, noise, and impact to the surrounding properties are just some of the areas mentioned in the appeal with detailed explanations on the various county regulations for development within district zones. The appeal points out that under this interpretation “anywhere a restaurant is an allowed use, a food truck park is now a “use permitted by right” in Collier County” and argues “that cannot be Collier County’s intention.” In the conclusion, the appeal requests that the Board of Zoning Appeals “reject staff’s official interpretation and find that food truck parks are not a use permitted by right in C-2 or C-3 zoning districts.” Examples of how other communities have handled food trucks and food truck parks is provided as well.
Outside this appeal, there are a variety of other “homework assignments” owed to the county by the food truck park developer which would need to be approved before the project can move forward. Also, a notice of violation was issued to the project site regarding the heavy equipment pre-positioned on the land since there are no active building permits nor an approved site developed plan. The area is considered an unimproved property and may not be used for storage of equipment.
A public hearing has been scheduled for Tuesday, October 12, 2021, during the Board of County Commissioners meeting, with the exact time during the meeting still to be determined. Stakeholders are allowed to speak and must sign up before the meeting begins. To register, go to the Collier County website (colliercountyfl.gov) the Thursday before the October 12 meeting. A link to register can be found at the press release announcing the meeting. You can also register by clicking on the calendar of events; find the date and meeting you want to attend then click the link listing.