Item Coversheet
AGENDA REQUEST FORM
CITY OF CAPE CORAL
Item Number:
A.(1)
Meeting Date:1/25/2023
Item Type:ORDINANCES/RESOLUTIONS - Public Hearings
TITLE:
Ordinance 89-22 Second and Final Public Hearing

ORDINANCES AND RESOLUTIONS:

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Land Development Code, by amending Article 4, �Zoning Districts,� Table 4.1.6, �Use Table,� regarding mobile food vendors and mobile food courts as conditional uses in the P, C, I, Inst, NC, CC, MXB, MX7, and SC zoning districts; amending article 4, �Zoning Districts,� Chapter 2, �Specific Regulations by District,� Sections 4.2.6., 4.2.7., 4.2.8., 4.2.9., 4.2.11., 4.2.12., 4.2.13., 4.2.14., and 4.2.15., regarding mobile food vendors and mobile food courts and to make zoning district text regulations consistent with the zoning use table; amending Article 5, �Development Standards,� Chapter 11, �Conditional Uses,� to create Section 5.11.15., �Mobile Food Vendors,� regarding the establishment of zoning regulations for mobile food vendors; creating Section 5.11.16., �Mobile Food Courts,� regarding the establishment of zoning regulations for mobile food courts; and by amending Article 11, �Definitions,� Chapter 1, �General Provisions,� Section 11.2., �Definitions,� regarding mobile food vendors and mobile food courts.

Staff Recommendation: Approval

Planning and Zoning Commission Recommendation: Approval



REQUESTED ACTION:
Introduction
SUMMARY EXPLANATION AND BACKGROUND:

The proposed code amendments have been redrafted in accordance with City Council's input during the COW meeting held on April 13, 2022. Staff received from Council a high level of comfort with the Lee County regulations for Mobile Food Vehicles and has redrafted the City's proposed code, using definitions and code requirements adapted from the County's Code.

This new code will treat Mobile Food Vendors all alike (except ice cream trucks). Mobile Food Vendors will need to stay mobile, leaving a job site at night and removing any gear. Seating areas, tented or not, will not be allowed. Ultimately, this code will eliminate "food truck based outdoor restaurants."

A new use, Mobile Food Court, is proposed to allow "Food Truck Parks." This new use willrequirefull site improvements, onsite bathrooms, parking, sidewalks, etc., and is designed to accommodate regular and long-term deployment of food trucks. These regulations were adapted from the City of Bonita Springs.

Staff provided the revised draft regulations to the City Council at the COW meeting September 14, 2022. Based on direction from the City Council, a minor revision was made to allow for imposing fines and the item is being brought forward for consideration.



STRATEGIC PLAN ALIGNMENT:

1. Is this a Strategic Decision?No
If Yes, Priority Goals Supported are listed below.
If No, will it harm the intent or success of the Strategic Plan?No
RECOMMENDATIONS:

Staff Recommendation: Approval

Planning and Zoning Commission Recommendation: Approval



SOURCE OF ADDITIONAL INFORMATION:

Vince Cautero, Development of Services Director,239-574-0600



FISCAL IMPACT/FUNDING SOURCES(S)/BUDGET CONSIDERATIONS:
N/A
1. Will this action result in a Budget Amendment?No
PREPARED BY:
Amy YearsleyDivision-City PlanningDepartment-Development Services
ATTACHMENTS:
DescriptionType
1. Ordinance 89-22 (Updated 10/14/22)Backup Material
2. Planning Report ChecklistBackup Material
3. Staff presentationBackup Material