Jake Allen|Naples Daily News
Collier commissioners reversed a county staff decisionrelated towhere food truck parks canbe built in the countyand voted nottoallow a food truck park in the Isles of Capri to move forward.
The reversalcame after commissioners heard hours of presentations fromzoning and development attorneys on both sides of theissue and apresentation fromCollier County Zoning Director Mike Bosi.
Toward the end of the meeting, commissioners also unanimously approved a motion directing staff to work on an ordinance with rules for how food truck parks will be approved.
Isles of Capri residents, most of them against thefood truck park, as well as neighbors who said they have been negativelyimpactedby a differentfood truck park in the county spoke during public comment.
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Commissioners were unanimous in their vote to overturn the county staff decision that allowed the Isles of Capri food truck parkto move forward.
"I represent both residents and businessowners,but my focus today is on safety, noise, traffic, lighting, cohesion with the surrounding area, precedent and most of all the citizens of Isles of Capri,” said Commissioner RickLoCastro, whose district includes Isles of Capri.
The proposedfood truck park was to belocatedon2.21 acresof landat300, 320, 322 Capri Boulevard and 218 Kon Tiki Drive in the Isles of Capri.
The proposal included several food trucks, two bars, a dance floor and outdoor seating.County staff issued a site development plan approval letter for the food truck park in July.
County staff based its decision to allow the food truck park to move forwardon a 2016decision from thehearing examiner. The county hearing examiner’s officedecides on land-use and development proposals using laws and ordinances passed by the county commission.
The 2016decisiondeterminedthat a food truck park wascomparable to a restaurantwithin the Bayshore Neighborhood Commercial Overlay Districtandan“eating place”within districts zoned C-4, or general commercial, throughout the county.
The decision from the hearing examiner in 2016 allowed for the now-popular food truck parkCelebration Park, located in the Bayshore Gateway Triangle, to move forward.
County staff determined that food truck parks should be treated as permitted uses within zoning districts thatpermit “eating places,”subject to size limitations imposed by the zoning districts,because of the 2016 hearing examiner determination.
In January 2019, county staff issued approval of four food truck parking spaces at the Hitching Post Shopping Centernear Naples Manor. The shopping center is zoned asacommercial intermediate district, or C-3, which is the sameas the property where the Isles of Capri food truck park was planned.
“Any zoning district that was more intense than that neighborhood commercial, a food truck park could be determined to be a permitted use there,” Bosi said while explaining county staff’s decision. “If the board of county commissioners feels that was the incorrect determination based upon the comparable use determination, we yield to the wisdom of the board, but that is the action that has consistently been applied.”
Commissioners were asked to rule on the food truck park approval after appeals were filedbyRich Yovanovich, a construction, land-use and development attorney.Yovanovich filed the appeals onbehalf ofFCC Beach & Yacht,owners of property within 300 feet of the proposed food truck park.
Yovanovich appealed the county staff decision to approve the site development plan for the Isles of Capri food truck park. He alsoappealedthecounty staff determination that food truck parks wereapermitted use in commercial convenience districts,orC-2, andcommercialintermediatedistricts,orC-3.
During a presentation at the commission meeting,Yovanovich argued thata food truck park is not listed as a permitted use in a C-3 zoning district and that it is not comparable orcompatible to a restaurant.
Commissioners should reverse the county staff decision that the 2016 hearing examiner determination applied countywide becausethere was no way for the public to know that the ruling would be applied countywide,Yovanovich said during his presentation.
"Food truck parks haveevolved,and we now know what they are in 2021,”Yovanovichsaid. “Staff, the hearing examiner and probably the general public did not truly understand what a food truck park is(in 2016)."
Yovanovich argued that the ownersofthe proposed Isles of Capri food truck park should have gone through a comparable use process before the hearing examiner or planning commission before being issuedasite development plan by the county.
"My client and all of the residents of Islesof Capri were denied that opportunity to go through a public hearing process,”Yovanovich said.
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NoelDavies, an attorney specializing in zoning and land-use issues, representedPaul andTametha Grider, ownersof the proposed food truck park site in Isles of Capri.
Davies argued that county staff appropriately categorized a food truck park as an eating place when determining whether it was permitted in county zoning districts.
"Our argument is simple,” Davies said. “If a food truck park isn't an eating place, what is it? It's a place where you go to eat. This whole thing doesn't need to beany morecomplicated than that. The other side, respectfully, is trying to overcomplicate this becausesimplicityand common sense are bad for their case."
Isle of Capri residents speak against food truck park
During public comments, several Isles of Capri residents spoke against the food truck park and said they were fearful ofincreased traffic, loud music or other noises from the park,impacts on property values and alcohol being served close to their homes.
Many of the Isles of Capri residents against the food truck park noted it wouldbelocated nearTarpon Village, acondo developmentfor seniors.
“Many of us moved there (Tarpon Village) because it is so peaceful and quiet there,” saidLynette Lenard, who has lived in Isles of Capri since March 2020. “I'd hate to have to move from it because of the anticipated noise and everything associated with this project.”
Two residents who live near the Celebration Parkin East Napleswarned againstunintendedconsequences of thefood truck parks.
“The biggest problem is noise,” said Susan Crum, who lives on Becca Avenue near Celebration Park.“Simply put if you can hear the amplified music a quartermileawayinyour house,it'stoo loud. Celebration Park has been an absolute disaster for our neighborhood. Do not under any circumstances allow this to happen to your beautiful island.”
Randy Whitson was the sole Isles of Capri residentto speak in favor of the food truck park during public comments.
“The adjacent neighbor to the property is trying to stifle this whole situation,” Whitson said. “It seems like the county staff spent a lot of time, over a thousand pages of documents to make sure the water, the traffic, all that stuff was done correctly. At some point you have to trust your staff.”
Once the public hearingwas closed, commissioners needed about 15minutes of deliberation beforegranting the appealsandreversingcounty staff decisionsonthe food truck park.
“We have to be dynamic enough to admit when wegotsomething less than correct,”LoCastrosaid. “Our knowledge of food truck parks has evolved. The initial decision for Celebration Park in Bayshore, I don't believe had the intent of mass approval for food truck parks across the entire county.”
The other four commissioners agreed that the 2016 decision by the hearing examiner for Celebration Park was not meant to be applied countywide.
"Staff quite frankly got it wrong on this one,” said Commissioner Burt Saunders. “It could not have been the intent to permit this type of activity throughout the county. The approval for Celebration Park was limited to Celebration Park. It's critical we keep in mind the quality of life of our residents."
ChairpersonTaylor was involved in the process to bring Celebration Park to theBayshore Gateway District and the intent was not toopenzoning districts throughout the countyto food truck parks, she said.
“We didn't know what a food truck park was,” Taylor said. “The idea that we couldtakesomething we didn't know what it was and move it throughout the county as a permitted use flies in the face of logic.”
