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HomeMy WebLinkAbout2023 09 11 Regular 501 - Non-Binding Presentation: Winter Springs PatioREGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | SEPTEMBER 11, 2023 REGULAR MEETING TITLE Non-Binding Presentation: Winter Springs Patio SUMMARY The applicant intends to present their concept for a food truck park located on the southeast corner of State Road 434 and Belle Avenue. The property is currently zoned C-2 General Commercial Zone and has a future land use designation of Commercial. The site is currently comprised of a small restaurant and batting cages. Mobile food dispensing vehicles are regulated by State law and there is a fairly recent limited home preemption that applies. In 2020, the City Commission addressed the preemption by adopting Section 20-650 of the City Code authorizing mobile food dispensing vehicles to operate within the jurisdictional limits of the city only as a temporary accessory use on property which is designated I-1, C-3 or C-2 on the city's official zoning map. However, in this case, the developer is proposing a project to allow mobile food dispensing vehicles as a primary or principal use. Neither the C-2 zoning district nor Section 20-650 of the City Code authorizes mobile food dispensing vehicles as primary or principal use. For this project to proceed, a legislative City Code change would be necessary. For the City Commission's convenience, Section 20-650 is stated as follows: Sec. 20-650. Mobile food dispensing vehicles. (a) Purpose and intent. The purpose and intent of this section is to establish land use and zoning regulations for real property upon which a mobile food dispensing vehicle is authorized to operate within the jurisdictional limits of the city. Mobile food dispensing vehicles, except for those operating on real property authorized in this section, are prohibited and unlawful on other real property not so authorized. This section is neither intended to prohibit mobile food dispensing vehicles from operating within the entirety of the city nor regulate the licensing, registration, permitting and fees of mobile food dispensing vehicles preempted by the state under F.S. § 509.102. (b) Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a difference meaning is intended: Accessory shall mean clearly incidental or subordinate to and customary in connection with the principal building or use on a developed site and which is located on the same lot or parcel with such principal building or use. 238 City manager shall mean the city manager or designee thereof. Developed site shall mean real property upon which a building and other permanent improvements have been legally constructed and which is currently in compliance with all land development regulations and the City Code. Food shall mean all substances commonly used for human consumption as food, beverage, confectionery or condiments, whether simple, mixed or compound, and all substances or ingredients used in preparation thereof. Mobile food dispensing vehicle shall have the same meaning as that term is defined in F.S. § 509.102(1) and upon the effective date of this section means any vehicle that is a public food service establishment and that is self-propelled or otherwise moveable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. Public road shall mean any public right-of-way for cars and trucks in the city. Special event shall mean any organized, temporary public or private celebration or gathering of people which requires a city special event permit including by way of example events relating to athletic contests, carnivals, fairs, cook-offs, entertainment, dancing, music concert, dramatic productions, art exhibitions, parades, fundraisers (such as religious, charitable, patriotic or philanthropic events), or the sale of merchandise, food or alcohol, or any combination of the foregoing. (c) Authorized locations. Subject to the terms and conditions set forth in subsection (d), mobile food dispensing vehicles shall be allowed to operate within the jurisdictional limits of the city in the following authorized areas: (1) As a temporary accessory use on property which is designated I-1, C-3 or C-2 on the city's official zoning map. (2) Within a clearly delineated area on city property or a public road which has been specifically and temporarily set aside for a mobile food dispensing vehicle to operate during a special event which is open to the general public, provided the event has been lawfully permitted by the city and any mobile food dispensing vehicle has been contractually arranged by the event organizer to be part of the event. (3) Within a clearly delineated area on public or private school property which has been specifically and temporarily set aside for a mobile food dispensing vehicle to operate during a school sponsored event held entirely on school property which is open to the faculty and student body, provided the event has been lawfully permitted by the city and any mobile food dispensing vehicle has been contractually arranged by the school to be part of the event. (4) Within a clearly delineated area on private property which has been specifically and temporarily set aside for a mobile food dispensing vehicle to operate during a special event held entirely on private property which is private or open to the general 239 public, provided the event has been lawfully permitted by the city and any mobile food dispensing vehicle has been contractually arranged by the event organizer to be part of the event. However, a mobile food dispensing vehicle shall not be allowed to operate on any existing single or multi-family residential use property unless the area being used is common area of a residential project with at least fifty (50) dwelling units. Additionally, a special event allowed on private property under this subsection shall be limited to no more than one (1) event per calendar quarter. (d) Conditions of land use and operational standards. The following land use and operational standards shall apply to all mobile food dispensing vehicles operating within the city: (1) When the mobile food dispensing vehicle will be operating on private property, a notarized affidavit signed by the property owner indicating that the vehicle has permission to operate and vend on the property. The affidavit must also indicate that the property owner acknowledges the following requirements: 1. The property owner shall comply with all ordinances regarding solid waste disposal and must provide the vehicle access to solid waste collection on the subject property; 2. The property owner shall require that the vehicle meet all applicable federal, state and local statutes, regulations, laws, ordinances, rules and codes including, but not limited to, applicable land use and zoning requirements regarding the subject property including site plan requirements; 3. The property owner shall acknowledge that the property owner understands the regulations governing mobile food dispensing vehicles and will be held responsible, along with the vehicle owner, for any code violations; and 4. The property owner shall ensure that the property will be continuously maintained in a neat, clean, and orderly manner, and that the mobile food dispensing vehicle shall be limited to operating as a temporary accessory use on the subject property. (2) The subject property must be a developed site. The subject property must not be vacant or unimproved. (3) No more than one (1) mobile food dispensing vehicle shall be parked or in operation on a single property at any given time, except multiple mobile food dispensing vehicles may be allowed with express written permission of the city during an authorized special event. (4) A mobile food dispensing vehicle may operate at a single location up to a maximum of four (4) days per week but no more than three (3) consecutive days, or if operation is allowed as part of a special event permit, said vehicles may operate in accordance with the duration of the special event permit. (5) Except with the express written permission of the city during an authorized special event, hours of operation shall be limited between 7:00 a.m. and 10:00 p.m. The person in charge of the mobile food dispensing vehicle when in operation on the 240 developed site must be present at all times during hours of operation. (6) When the mobile food dispensing vehicle will be operating on private property, the vehicle must be parked when in operation within an area on the property specifically authorized for accessory temporary outdoor sales on the property owner's master site plan previously approved by the city commission. If the property owner does not have specific site plan approval for accessory temporary outdoor sales on the master site plan, the property owner shall be required to obtain supplemental site plan approval by the city manager before the mobile food dispensing vehicle may operate as an accessory use on the subject property. For purposes of obtaining supplemental site plan approval, the property owner shall submit a site plan or detailed sketch depicting the proposed location of temporary mobile food dispensing vehicle operations; all parking spaces, entrances and exits to and from the site; and distances from any buildings or structures, sidewalks, rights-of-way, fire hydrants, fire lanes and landscaped areas, and such other information or documentation deemed by the city manager to be reasonably necessary to authorize outdoor accessory temporary sales on the subject property in a manner that is compatible with the existing uses on the subject property and the surrounding area and protects the public health, safety and welfare of the citizens of the city. The mobile food dispensing vehicle temporary sales area must be on a paved surface and not exceed an area of six hundred (600) square feet unless the city manager determines more area is required and the subject property clearly has ample space to support a larger sales area. The approved area must not adversely affect existing uses on the subject property or the flow of pedestrian and vehicular traffic on the developed site. There must be an adequate number of parking spaces available for the general public visiting the developed site. Supplemental site plan approval granted by the city manager under this subsection is subject to being suspended or revoked pursuant to subsection (e) or at such time the master site plan is revoked or modified by the city commission. (7) Outdoor dining areas are prohibited including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters, except if dining areas are allowed with express written permission of the city during an authorized special event. (8) Mobile food dispensing vehicles selling or dispensing of food to customers in a moving vehicle or otherwise engaging in drive-up sales is prohibited. (9) A mobile food dispensing vehicle shall not be located on private property upon which uncorrected code violations exist, or which is under citation for code violations. (10) Mobile food dispensing vehicles and all materials associated with such vehicles must physically be moved at least daily and cannot remain on the subject property outside the approved hours of operation unless otherwise allowed by the city for special events. Overnight parking of mobile food dispensing vehicles is prohibited unless located within an enclosed garage or on property zoned for an authorized open storage use and said storage complies with the requirements set forth in section 20- 256 of the City Code. 241 (11) Mobile food dispensing vehicles shall not sell alcohol unless specifically approved as part of a special event or other permit approved by the city. The alcohol-related restrictions of chapter 3 of the City Code are applicable unless otherwise authorized by the City Code, or, expressly waived by the city. (12) The operation of a mobile food dispensing vehicles must not obstruct or interfere with vehicular or pedestrian traffic, building access, fire lanes, crosswalks, driveways, fire hydrants, loading areas, stormwater drainage systems, or landscape buffers associated with the principal use. (13) Mobile food dispensing vehicles must not enter or park upon playgrounds, playing fields and courts, sidewalks, footpaths or bicycle paths. (14) Mobile food dispensing vehicles must not enter or park upon any "no parking" area, loading zone, driveway, handicapped parking space, or designated public safety lane (e.g., fire lanes) or within twenty (20) feet of a crosswalk or within fifteen (15) feet of a fire hydrant or storm drainage structure. (15) No additional signage shall be permitted on the developed site related to the mobile food dispensing vehicle except as to signage permanently affixed and displayed on the vehicle. (16) Amplified music or other sounds from any mobile food dispensing vehicle or from audio equipment installed on the developed site by the property owner or person in charge of the vehicle for purposes of vending, attracting or encouraging the congregation of customers shall be prohibited. (17) Mobile food dispensing vehicles shall maintain an appropriate number and size of operable fire extinguishers. (18) The operation of a mobile food dispensing vehicles shall not create or cause nuisance conditions to include, but not be limited to, displaying flags or unauthorized signage, loud noises, visual glare, flashing or animated lights, shouting or amplified music or sound, excessive fumes or smoke, environmental hazards, and any vehicular or pedestrian hazard. (19) The grounds around the mobile food dispensing vehicle and within the vending space shall be kept free of litter, trash, paper and waste at all times. Waste containers shall be provided and all trash shall be taken with the vehicle when the vendor leaves or with the permission of the property owner, placed inside a commercial dumpster in use and located on the developed site. (20) Mobile food dispensing vehicles must not discharge waste, fat, oil, grease or such other similar substances from the vehicle. All such substances related to or generated from the vehicle shall be taken with the vehicle when vehicle leaves the subject property. (21) Mobile food dispensing vehicles must comply, as applicable, with the standards 242 specified by Chapter 5K-4.002, Florida Administrative Code, and the U.S. Food and Drug Administrative 2001 Food Code, as such codes may be amended from time to time. It is also prohibited and unlawful for a mobile food dispensing vehicle to fail to comply with all state and city traffic and parking, and stopping and standing laws, codes, ordinances, rules and regulations. (22) A copy of the appropriate license(s) issued from the state department of business and professional regulation (division of hotels and restaurants) shall be maintained on the mobile food dispensing vehicle at all times when the vehicle is in operation on real property located within the city, and shall be made available for inspection upon request by the city's law or code enforcement officers. (e) Penalties. (1) Owners and operators of mobile food dispensing vehicles, and property owners on which such vehicles operate, shall be joint and severally liable for any violations of this section. The penalty provisions set forth in section 1-15 of the City Code shall apply to violations of this section. (2) In addition to the penalties authorized by subsection (1), the city Manager may also suspend or revoke the property owner's site plan approval for accessory temporary outdoor sales and/or special event permit, as may be applicable, upon a finding that a mobile food dispensing vehicle was operating on the subject property in violation of this section. Prior to suspending or revoking the applicable site plan approval and/or special event permit, the city manager shall: 1. Afford the property owner notice of the violation(s) and a reasonable, informal opportunity to be heard regarding the violation(s); 2. Consider the property owner's past record of compliance with this section and related laws; and 3. Consider the degree of risk to public health, safety, and welfare arising from the alleged violation(s) in evidence. (3) The city manager's decision under subsection (2) shall be rendered in writing and shall be deemed final. (4) Any site plan approval or special event permit suspended or revoked pursuant to this subsection shall immediately be void and of no further use and effect to any person. If revoked, the property owner shall be prohibited from seeking subsequent site plan approval for accessory temporary outdoor sales or a special event permit for the subject property for a period of one (1) year from the date of the revocation. (5) The operation of a mobile food dispensing vehicle without a valid site plan approval for accessory temporary outdoor sales or special event permit (including if operated during a period of license suspensions or revocation) shall subject the owner of the property and the owner of the vehicle and operator thereof to code enforcement action, civil action, or action as otherwise allowed by state law or the City Code 243 (Ord. No. 2020-04, § 2, 8-10-20) The applicant is looking for feedback from the City Commission specifically as it relates to whether or not the Commission wants to direct staff to further evaluate the proposal and prepare a proposed ordinance to amend relevant provisions of the City Code including Section 20-650 to allow mobile food dispensing vehicles as a primary or principal use on the subject property and within the City. Such a proposal may affect other properties within the City. Any proposed ordinance will require a public hearing and recommendation by the the Planning & Zoning Board and two public hearings before the City Commission. If the amendment to the City Code were adopted, the applicant would then be required to submit a development permit application seeking at minimum final engineering and aesthetic review approval from the City Commission. FUNDING SOURCE RECOMMENDATION Staff recommends that the City Commission view the Non-Binding Presentation and provide feedback regarding the proposed project and whether or not there is interest by the City Commission to amend the City Code including Section 20-650 to allow mobile food dispensing vehicles as a principal use on the subject property and within the City. 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263