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HomeMy WebLinkAbout03-18-2021 PZ AgendaOAP NOMF Or PEIICAN ISVJID 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 • FAX (772) 388-8248 F.110PI LRZ1 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, MARCH 18, 2021 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MOPIFICAT(ONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of February 4, 2020 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or rasolution or title • Commissioners disclose experts communication • Chairman or attorney swears in all who Intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the appilwnt and staff • Chairman opens the Boor for anyone in laver and anyone opposing the request (anyone presenting factual Information shall be swam but anyone merely advooeting approval or denial need not be swum in) • Applicant provided opportunity to respond to Issues raised by staff or public • Staff provided opportunity to summadoe request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Quasi -Judicial Public Hearing — Site Plan Approval — City of Sebastian Public Works Compound - 505 Airport Drive West - Proposed construction of new +/- 36,428 S.F. vehicle maintenance facility with associated offices and fuel canopy along with parking, utilities, storm water and landscaping — Industrial (IN) Zoning District -Staff request to table hearing to April 1 s', 2021 B. Public Hearing — Recommendation to City Council — Land Development Code Amendment — Ordinance 0-21-03 — Mobile Food Establishments and Temporary Uses 7. UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS 10. COMMISSIONERS MATTERS 11, CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ADJOURN DUE TO HEALTH CONCERNS REGARDING CORONAVIRUS, ALTERNATIVE METHODS WILL BE IN PLACE FOR THE PUBLIC TO PROVIDE INPUT REGARDING THIS MEETING. INTERESTED PARTIES MAY CONTACT THE CITY AT 772-388-8226 OR E-MAIL QUESTIONS AT COSTV(aCOSTV.CITYOFSEBASTIAN.ORG OR MAY VISIT THE CITY'S WEBSITE AT htto://www.citvofsebastian.orR/r)ublic-inDut-methods. However, the public is advised to check the City website for up-to-date information on any changes to the manner in which the meeting will be held and the location. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 40 HOURS IN ADVANCE OF THIS MEETING. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcact Channel 25 and ATT UVerse Channel 99 and streamed via the city website - www.clNofsebastmnoro unless otherwise noticed and rebroadcast a1 a later date -see COS -TV Channel 25 for broadcast schedule 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES FEBRUARY 4, 2021 I. Call to Order — Chairman Reyes called the meeting to order at 6:00 p.nP..6 C)) C It. Pledae of Alleaiance was recited by all. C •0 .E O C $ Cc III. Roll Call cu E E Present: Mr. Roth Mr. Christino (a) '1 E I° Mr. Simmons Mr. Hughan Mr. Carter Mr. Alvarez %— O a Mr. Reyes Ms. Kautenburg (a) C) co z CI) 0) (D o ., Also Present: Ms. Dorn Bosworth, Planning Manager n Mr. Manny Anon, Jr., City Attorney a)O n 2 Mr. Robert Loring, Planner (n N ¢ rn Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Technical Writer (Zoom) Not present: Mr. Qizilbash (Excused) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Chairman Reyes announced that Mr. Qizilbash is absent this evening, and Mr. Christino will be voting in his place. He stated there are no agenda modifications. V. AOproval of Minutes — Regular Meeting of November 19, 2020 Mr. Reyes called for comments/corrections to the Minutes of November 19, 2020. Mr. Christino requested a change to the Minutes. On page 5 under Mr. Christino's remarks concerning the delays at CR-512 and Schumann, he asked if the trains were going to be taken into account. Brian Goode from Kimley-Horn stated "no," it was not a requirement, instead of the "yes" as stated in the Minutes. Mr. Christino stated Mr. Goode said that they do not take into account delays for trains at the City's lights. Mr. Christino also asked at that meeting, in the future in that area he would like the other end of Schumann Drive taken into account for traffic, especially the area down by Pelican Island School. He had brought that up, and he does not see it in the Minutes. He stated it is important that the Commission look fully at the impacts of any future developments in the areas that the Commissioners are looking at. Hearing no other comments/corrections, Mr. Reyes called for a Motion to approve the Minutes. A motion to approve the Minutes with the corrections as set forth above was made by Mr. Hughan, seconded by Mr. Carter, and approved unanimously via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF NOVEMBER 19, 2020 VI. Quasi -Judicial Public Hearino — Site Plan Modification — Giant Oil, Inc. (Mobil Oil) — 617 U.S. Highway 1 — Proposed demolition and reconstruction of new 4067 SF convenience store with fuel canopy — Commercial Riverfront (CR) Zoning District Mr. Reyes asked the Commissioners if anyone had had any ex parts communication regarding this matter. All indicated they had not. All who were going to speak regarding this matter identified themselves and were duly sworn in by the city attorney. Mr. Reyes then called on the applicant to make their presentation. Mr. Brett Nevaril, Infinity Engineering Group, introduced himself. He represents Giant Oil. He also stated that Mr. Joe Peterson, Construction Manager for Giant Oil, was present in chambers. Mr. Peterson will actually be overseeing the construction of the project. Mr. Nevaril stated the applicant is here tonight for the raze and rebuild of the existing Mobil facility which was built in 1988, It is roughly 972 square feet. It has eight fuel positions on four gas dispensers. It is currently on a septic drain field design. It is connected to potable water. The property is located in the Riverfront Overlay District. Their proposed design does comply with the Overlay District requirements. The applicant has worked extensively with City staff to make sure that what is presented tonight is as close as possible to meeting the LDC requirements. The proposal is for a 4,067 square foot convenience store with twelve fueling positions on six gas dispensers. A sewer lift station is proposed in lieu of the septic drain field. it will connect to the Indian River force main that is actually located within the property, within a 20-foot easement along the western boundary. Two access points are being proposed. Right now the property has two accesses on U.S. Highway 1. The driveway that is closest to the intersection on U.S. 1 will be closed. The one that is located further south will be modified. This permit has gone through DOT review, and the permit is approved. The existing driveway on Sebastian Boulevard will also be modified by decreasing the size of it and increasing the turning radiuses for easier ingress and egress. They are also installing a sidewalk on U.S. Highway 1. A dry retention pond behind the convenience store is being proposed. This pond will incorporate what is called an underdrain system. This system is an approved method by St. John's Water Management District and has been approved for decades. Basically, this underdrain system will provide drawdown for the retention pond. This type of system is designed to make sure that the pond will always stay dry within 72 hours. Presently, there is a good deal of overgrowth in the retention pond. That is because that pond has failed and, because of the seasonal high water table, it is having a hard time getting rid of the water within the pond. This type of underdrain system is very expensive, it is very detail oriented, and it has been reviewed by St. John's, by FDOT, and permits are approved. The city engineer made a comment about annual inspections. The applicant is in agreement, and they can complete annual inspections. This type of system is very PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF NOVEMBER 19, 2020 visual. If vegetation can be seen growing, that indicates the system is not working as designed, and that will be a good indication that it needs to be cleaned. He further stated that they are in agreement with the city engineers recommendation of an annual inspection by a professional engineer. They propose to build a beautiful facility. The site is a challenging one, and they do need a few waivers: 1. A waiver for the gas canopy. They are asking for a medium fascia height. Standard gas station facias are 36 inches. They are asking for a shorter fascia of 20 inches. 2. Landscape waivers. Along the west property line there is a 20-foot easement that is dedicated for utilities. There are also overhead power lines on U.S. 1. That is also limiting the landscaping because canopy trees cannot be placed underneath the power lines. There is also a large retention pond present, so there is less room to install trees. As can be seen by the landscape plan, it is extensive. Even with the request for waivers, there will be 91 trees, 51 of which will be canopy trees, 40 understory trees, 949 shrubs, and some other miscellaneous plant materials. Visual slides of the drawings were shown. Mr. Nevaril stated that his team has worked extensively with Mr. Loring and City staff, and the applicant thinks that this plan meets the goals of the Overlay District, but they do need a few waivers, which they think are justified. Mr. Reyes called on Staff for their findings and analysis. Mr. Loring reviewed the Staff Report. It is made up of 23 items related to the approval and site plan. This project is the culmination of many months of work by City Staff and Infinity Engineering. Many of the items in the report have already been provided for or they are not applicable. He drew the Commission's attention to No. 19, Additional Considerations, which describes the waivers for which the applicant is asking. Staff recommends approval of the site plan modifications subject to the conditions as noted in the Staff Report. He then asked for questions/comments from the Commissioners. Mr. Roth: (1) Asked if the addition of 2 dual pumps will make a total of 12 pumping stations. Mr. Loring stated that is correct. (2) Asked where the stormwater structure is located, as he could not find it on the drawings. Mr. Nevaril pointed it out. He clarified that this section of U.S. 1 does not have curb and gutter. It actually goes south to an open ditch. He stated that the applicant's point of discharge is to a structure facing the edge of the pavement. The ouffall structure will go in to the DOT, and then they will be installing a new type of curbing. Mr. Roth asked if it is actually going to be part of the curbing. Mr. Nevaril stated yes, they are installing curb and gutter all the way down to where it ends. This has been approved, and all permits are in hand. Mr. Roth asked if any site lines will be jeopardized by the structure that is proposed. Mr. Nevaril stated as you go south there is no curb and gutter; it is just an open swale. (3) Regarding the one bicycle rack for two bicycles planned, he questioned if that will be enough. Mr. Peterson PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF NOVEMBER 19, 2020 stated his company uses those bicycle racks at over 60 of their locations in Florida. He has not received any complaints from customers regarding the racks. (4) Asked what the reason is for the sidewalk closure, which one is it, and how long that closure would last. Mr. Nevaril stated the Sebastian Boulevard sidewalk goes to the railroad tracks. They will be closing that sidewalk while construction of the driveway is going on. Mr. Loring stated City staff typically asks for MOT index 600 details for when a sidewalk is closed. Mr. Nevaril stated they will minimize the closure as much as possible. (5) Asked Mr. Loring regarding the grade that comes down from the parking area down to where the sidewalk is and then finally to the street on U.S. 1. He questioned if that is compatible with what would be expected in an area where there is going to be a lot of potential foot traffic at particular seasons. Mr. Loring stated his department has worked extensively with the engineer. The City has its own requirements, not related to pedestrian traffic, but actually related to emergency vehicle access. The City requires a slope at or below 5%. Staff feels it will be traversable for both pedestrian traffic and for vehicular traffic to access onto and off of the site. Mr. Reyes: (1) Asked if from a point from north to south to the curb and gutter inlet the discharge is into the retention area, and if there is a structure there now. Mr. Nevaril said yes. Mr. Reyes asked if that is at or about the same location that is proposed. Mr. Nevaril said yes. Ms. Kautenburg: Had no questions. She thanked the applicant for making a vast improvement to that corner. Mr. Simmons: (1) Asked how soon demolition can start. Mr. Nevaril stated that, once the applicant gets approval from this Commission, he can submit requests for building permits. Mr. Carter: (1) Thanked the applicant for investing in the community. (2) He related that the last few plans that have come to the Commission either want a variance or a modification, and that seems to be happening more and more. Having these requirements in place is fora good reason as far as what is expected for this community to look like. Mr. Christino: (1) Looking at the landscape plan, there are no trees on the north side of the driveway on Route 1. They seem to be on the south side, which he is fine with. He is concerned with line of sight. If you are facing the building from Route 1, off to the right there are trees on the landscape plan and canopy trees to the left, which is south. He wants to make sure that people pulling into and out of there have a good line of sight. (2) Mr. Christino asked where the ethanol -free pumps are going to be placed. He stated that when someone has a truck and a trailer behind them, it forces them to stick way out. Mr. Nevaril stated that was one of the issues with the site, as it is so narrow when one is trying to build a modern station. Mr. Christine says he blocks the driveway when he is trying to PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF NOVEMBER 19, 2020 get gas in the back of his boat. Mr. Nevaril stated that is why they proposed the angled islands, which helps the public with longer vehicles get in and out. Mr. Christino suggested that the ethanol -free pump be positioned way off to the right for access to and from CR-512. Mr. Nevaril agreed. Mr. Hughan: (1) Mr. Nevaril said that once a year this system is going to be inspected. Mr. Hughan inquired what the cost is for that engineer, and who pays for that. Mr. Nevaril stated that Giant Oil will pay for it. Mr. Hughan asked how long that is going to go on. Mr. Nevaril stated that the City inspectors can go by the site, and if there is any type of vegetation growing at the bottom of the pond, that will show that the underdrain is not working. It is very visible. Mr. Loring stated that the city engineer has a specific form that they are going to be expecting on or about September 30th of each year certifying that system. If they do not get that form, they will be calling someone to see that the form is turned in. Ms. Bosworth said that as a recommended condition, if it is a condition of site plan approval, there are sections in the Land Development Code that specify that someone has to continually keep the site plan up to date. So this would be a violation of their site plan and also through Code Enforcement getting involved if there were a failing system. (2) Mr. Hughan asked how a hazardous runoff is going to be handled, such as a gasoline spill. Mr. Nevaril stated that is really the whole point of the dry detention pond. It goes in there and filtrates through the ground prior to discharge into the water. Weirs or skimmers are supposed to prevent any type of sediment, solutions, or waste from going up and over them. Mr. Alvarez: (1) Inquired whether the applicant has considered any electric stations, as electric cars are coming. Mr. Nevaril stated they have talked about that because it is coming. It may come to the point where they just plumb it. He stated he works all over the country, and they are doing that. Mr. Alvarez suggested that would be something to consider. Mr. Peterson interjected that the problem right now is that there are 4 basic types, but there are actually 12 different types of cars. You cannot just pull up with an electric car to any charging station. Mr. Reyes: (1) Regarding inspection of the dry retention area, he understands that the applicant will be taking care of any remedial efforts to fix it. He asked what happens if the system just fails and it needs to be totally reconstructed. Mr. Nevaril stated that would be their responsibility. (2) As far as the curb and gutter along U.S. 1, he does not understand why they always stop at the structure and not continue it. If you do not curb and gutter it, the runoff is really going to go into the swale area and that other area. Mr. Nevaril stated that is correct, because it is all sloping in that direction. He stated this is what all the controlling entities told them to do. He stated that the pond right now is in poor condition. The grades range from 5.7 to 6.5. (3) On the west side up against the railroad tracks, Mr. Reyes stated that towards the rear of the property there are sidewalks that come into the building area. Mr. Nevaril stated that is an electrical closet. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF NOVEMBER 19, 2020 Chairman Reyes opened the Floor up to anyone in favor of this project who wished to speak. Seeing no one in chambers, he also asked if there was anyone on Zoom who would like to speak. There being no one on Zoom, he opened the Floor to anyone in opposition of the project who wished to speak. Seeing no one in chambers, he also asked f there was anyone on Zoom who wished to speak. Hearing no one on Zoom who wished to speak, Chairman Reyes called on staff for their summary. Mr. Loring stated that staff recommends approval of the site plan with the recommendations that are set forth in the staff report and all its attachments. A motion was made to accept the site plan modifications of Lots 1 thru 5 inclusive, Block 6, Edgewater Park, according to the Plat thereof as recorded in Plat Book 1, Page 23, of the Public Records of Indian River County, (see survey for full description), in addition to the four recommendations for conditions that staff recommends was made by Mr. Carter and seconded by Mr. Simmons. Roll Call Mr. Hughan — Yes Mr. Alvarez — Yes Mr. Roth — Yes Mr. Reyes — Yes Mr. Simmons — Yes Mr. Carter — Yes Mr. Christino (a) — Yes Vote was 7-0 in favor. Motion passes Mr. Christino asked how long the applicant estimates the construction period to last. Mr. Peterson stated approximately five months, weather permitting. At this time, Chairman Reyes closed the quasi-judicial hearing and moved to the next item on the agenda. VII. Unfinished Business -- None Vill. Public Inout -- None IX. New Business -- None X. Commissioner Matters -- Election of Chairperson and Vice -Chairperson Chairman Reyes stated that yearly there is an election of a new Chairperson and Vice - Chairperson, and that is to be done now. He called for nominations. Mr. Roth nominated Mr. Reyes for Chairperson. Mr. Alvarez nominated Mr. Reyes for Chairperson and PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF NOVEMBER 19, 2020 nominated Mr. Roth for Vice -Chairperson. There being no further nominations, Mr. Alvarez accepted his nomination, and Mr. Roth accepted his nomination. The nominees were elected by a unanimous voice vote. Mr. Simmons inquired regarding new projects that are in the offing. Mr. Loring stated that there is a HALO project that is coming in for a building expansion. That will probably happen this year. There is a subdivision, Sebastian Highlands Unit 17 addition. That might come through this year also. Those are the only formal applications that have been received. Mr. Simmons also asked if there is any activity with the old Firehouse Garage. Mr. Loring stated he is not aware of anything. Ms. Bosworth stated that the property had gone up for auction. She is not sure if that sale has gone through. That was a nonconforming use in the Triangle. The City's code says that you can grandfather in for approximately 180 days. That would be coming up in March. If the business does not come back in with another business tax receipt or open up, it would lose its grandfather status and become a nonconforming use. So the vehicular maintenance could not be a permitted use anymore in that building. The building could be used for another type of business, but the vehicular maintenance status would be lost. Mr. Alvarez asked if the new owner could reapply for the grandfather status. Ms. Bosworth stated yes, if they come in within the 180 days. She also stated there were some nonconformities with that site too. They had fenced in the property to the north without formally expanding the business, which they could not do because they are a nonconforming use. So staff hopes that the new owners will reach out to them so staff can help them bring that site into compliance. If there were a change of use, that would be one of the things that staff would require. If they do anything with the property to the north, the City will require some sort of environmental analysis. Mr. Reyes asked about any new City road projects. Mr. Loring stated some work along U.S. 1 is being discussed and some work along 512. The problem right now, and it is a state-wide problem, is that they are unfunded for a lot of the road projects that they would like to execute. Mr. Reyes said there are some projects in the Capital Improvement Budget. He asked if those were not already budgeted for. Ms. Bosworth stated that there have been some roads already resurfaced. She does not know the ones that are scheduled for the next quarter. Staff can get that information for the Commissioners. Mr. Roth asked if there is anything in the works as far as a drones ordinance, controlling the use of drones and where they can be used. Mr. Loring stated that is regulated by the FAA. There are very strict rules about where they operate and the altitudes at which they can operate. Because the Airport is in the middle of Sebastian, he believes there is an exclusionary zone of a few miles in all directions that precludes them from operating at a certain altitude. There are some waivers for drones under a certain size or certain weight. So the small ones are probably exempt. Mr. Reyes added that there have been some new changes to those rules, and a lot of people were grounded. So they are watching. FPL has been doing inspections of their poles in this area with a drone. They have a sub- PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF NOVEMBER 19, 2020 contractor working for them, he believes. Mr. Loring stated the drone operators have to obtain a special certificate in order to be permitted to operate the drones. So if they have a license and are flying within FAA regulations, they can operate them in the City. Mr. Roth stated he has seen people flying them behind his property in Wabasso Park, which is a County park and they fly very fast, and he thinks they are dangerous. Mr. Reyes agreed. The city attorney said there has been no ordinance or resolution passed by Council specifically addressing drones. He suggested that, if someone sees any drones flying over the City, call Scott Baker at the Airport, and he will get ahold of FAA, because the FAA regulates the drones. He stated the drone situation in the County parks is illegal. He is curious if there is any way the City can adopt some rules. Mr. Christino said he has heard a rumor of a widening of Barber Street. He has had a few questions from people moving into the area, and they are concerned as to whether or not this is going to happen. Ms. Bosworth stated she has not heard of any plan regarding Barber Street being widened. In terms of right-of-way, there is an area where there were some scrub jays. The County purchased that for the future possibly, but nothing that is in the works now that her department is aware of. Mr. Christino requested that if there is any more development down in the Schumann Drive area, the Commission should be requesting a traffic impact analysis for that area over by Pelican Island Elementary School. The City is just concentrating on what goes out to Route 1 right now. So the Commission needs to take a look because that area is being improved, and that is going to be adding traffic. So we need to have a handle on what we have to do as a city, not just the developers, We already have an issue down at CR-510 and 66th. That is a traffic nightmare. Ms. Bosworth stated that with all the subdivisions, as part of the application the City always requires a traffic statement. If it is over 400 trips per day, that is the threshold that then requires a full traffic engineered analysis. Her department did give this Commission at least a summary for Spirit of Sebastian. That is something that her department requires that is reviewed by the City's consulting engineers, and they determine through that analysis if there are any additional turn lanes or widening intersection improvements or traffic timings. Mr. Carter asked if staff could look into the hours of operation of the light that shines on the City sign out front. He stated when the sign was requested, Joe Griffin was in charge. It was supposed to be operating during nighttime hours. He travels by there early in the morning, and it is always off. It used to be on, but now it is no longer on. He thinks we need to have the light on so the people can see the listing for different meetings and other events that are coming up in the City. Mr. Loring said he will get that over to Maintenance and have them look into that. Mr. Reyes had a question with regard to remote control boats. Mr. Reyes stated the City parks have lakes, and they are being used for the remote control boats. There have been more people using these toys. He is curious about a noise ordinance on those. The PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF NOVEMBER 19, 2020 electric ones just make a whining sound that is not too bad. But there is one man who comes out to the lake in front of Mr. Reyes' house. He has approximately 10 different ones. Most are electric, but he has some really loud gas ones that he is running in that lake that in early morning it is very annoying. Ms. Bosworth stated that under the City's nuisance code it alludes to noise, but it would have to be observed by the police or Code Enforcement and then determined to be a nuisance. Mr. Reyes stated his other concern is that it is a fuel operating boat, 2-cycle fuel with an exhaust. He said people are not supposed to put boats in the lakes. He asked if there are any rules in reference to that. He stated he can almost see the sheen in the waterwhen these boats pull up to the shore. He asked the city attorney about any rules that say there are not permitted to be gas boats in those bodies of water. Mr. Anon stated he did not have the answer to that question or whether these lakes are within the City's jurisdiction. He does not think the City has jurisdiction in these lakes to govern the use. Mr. Reyes asked if it is under a water district's jurisdiction. Mr. Anon stated he is not sure. XI. Citv Attornev Matters — None XII. Staff Matters — None XIII. Adjournment There being no further business, Chairman Reyes adjourned the meeting at 7:11 p.m. By: Date: �.n SEBASTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET . SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 . FAX (772) 388.8248 www.cltyofsebastlan.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Proposed Land Development Code Amendment to Article III — Special Use, Special Exception and Temporary Use Permits - Specifically temporary use permits, and the initialization of regulations for Mobile Food Establishments DATE: March 11, 2021 On July l', 2020, newly created Florida Statute Section 509.102 became effective, in which the State ordained the following: 1) The establishment of a definition for the term "mobile food dispensing vehicle", or mobile food truck; 2) Regulation of the mobile food dispensary vehicles with regards to licenses, registrations, permits and fees is pre-empted to the State; 3) A local governmental entity may not require a separate license, registration, permit or fee other that what the State requires; 4) A local governmental entity may not prohibit mobile food dispensary vehicles from operating within their jurisdiction; and 5) Local governments have the authority to regulate the dispensary vehicles for other than what the States regulates. [See attached Section 509.102] Currently, the City's Land Development Code regulations prohibit mobile food trucks and similar uses, but based on the new state statute, mobile food trucks can now operate within the city limits. Without any guidelines existing in the code, Ordinance 0-21-03 will initialize regulations for "Mobile Food Establishments". Since this use is not a permanent or fired -based operation, the requirement of a conditional use permit, site plan, or even a Business Tax Receipt would be in non- compliance with State regulations. Staff has placed these new requirements within our Temporary Use chapter where many of our existing regulations for transient merchants are located. Staff has also provided proposed updates to the Temporary Use Permit section of the same LDC chapter. A first reading of the Ordinance has been tentatively scheduled for City Council on April 14 ,2021. Dom Bosworth, Manager/Planney--y Community Development Dep ent The Florida Senate 2020 Florida Statutes Title VCKIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 509 SECITON 102 LODGING AND FOOD SERVICE Mobile food dispensing vehicles; I ESTABLISHMENTS; MEMBERSHIP preemption. CAMPGROUNDS Entire 509.102 Mobile food dispensing vehicles; preemption.— (1) As used in this section, the term "mobile food dispensing vehicle" means any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. (2) Regulation of mobile food dispensing vehicles involving Bcenses, registrations, permits, and fees is preempted to the state. A municipality, county, or other local governmental entity may not require a separate license, registration, or permit other than the license required under s. 509.241• or require the payment of any license, registration, or permit fee other than the fee required under s. 509.251, as a condition for the operation of a mobile food dispensing vehicle within the entity's jurisdiction. A municipality, county, or other local governmental entity may not prohibit mobile food dispensing vehicles from operating within the entirety of the entity's jurisdiction. (3) This section may not be construed to affect a municipality, county, or other local governmental entity's authority to regulate the operation of mobile food dispensing vehicles other than the regulations described in subsection (2). (4) This section does not apply to any port authority, aviation authority, airport, or seaport. History. s. 75, ch 2020-160. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ® 2000- 2021 State of Florida. ORDINANCE NO.O-21-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, DEFINITION OF TERMS, BY CREATING A DEFINITION FOR MOBILE FOOD ESTABLISHMENTS, AMENDING LAND DEVELOPMENT CODE SECTIONS 54-2-3.2, 3.3, AND 3.4 RELATING TO THE PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES, AND INITIATING LAND DEVELOPMENT CODE SECTION 54-2-3.6 WHICH INSTATES PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS,; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, effective July 1", 2020, the State of Florida adopted legislative Chapter 2020-160 and created F.S. Section 509.102 which pre-empted the regulation of mobile food dispensing vehicles involving licenses, registrations, permits and fees and the regulation of the operation of mobile food dispensing vehicles to the state, and banned local governmental entities from prohibiting mobile food dispensing vehicles from operating within the entity's jurisdiction; and WHEREAS, the City wishes to comply with the State's directive by recognizing this specialized market segment, classifying the types of permitted mobile food establishments or dispensing vehicles, and establishing appropriate standards that allow for typical food truck activities while mitigating associated, undesirable impacts; and WHEREAS, the City Council finds it is in the public interest to create, modify and update certain sections of the code pertaining to mobile food establishments or dispensing vehicles, and temporary uses; and WHEREAS, the Local Planning Agency held a public hearing on March 18, 2021, and made a recommendation to City Council to Ordinance 0-21-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE XXD. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. r r r r r r Mining. Mobile Food Establishment. A public food service establishment involvine the use of a mobile food disj=smu vehicle that is self-Dropelled or otherwise movable from place to glace, such as a truck, trailer, or similar self- monelled convevance. and includes self-contained utilities, includme but not limited to, eas, water, electricity. or liquid waste disoosal. Mobile home. Amendment 2: ARTICLE Ill. SPECIAL. USE, SPECIAL. EXCEPTION AND TEMPORARY USE PERMITS Sec. 54-2-3.6. Procedures and criteria for mobile food establishments. (al Clnssilirations. Mobile food establishments involvine the use of a mobile food dispensing vehicle shall be c6s ified as follows: mil Class I — Mobile Kitchens. In addition to the vendine ofbroducts allowed for Class 11 And Class Ill_. these vehicles may cook. nrepare and assemble food items in the unit and serve a full menu. (2) Class 11 — Canteen trucks. These vehicles vend fruits, veeetables, hot does. precooked foods, ore-nackaeed foods and ore-nackaeed drinks. No nrenaration or assembly of foods or beveraees may take place on or in the vehicle, however, the heatine of ore -cooked foods is allowed. (3) Class III — Ice cream trucks. These vehicles vend only ore-nackaeed frozen dairy or frozen water -based food products. soft serve or hand -dinned frozen dairy products or frozen water -based nroducts and ore-nackaeed beveraees. (b) Snecific reaairemQL Mobile food establishments conductive business in coniunction with a city -sanctioned event or activity. or events held on city -owned public Dropertv shall comDly with all standards and reouirements as established by the event coordinator and/or the citv's Leisure Services Denartment. in addition to any armlicable state reeulalory aeencv's reeulations. All other mobile food establishments. except those as a Dart of an aonroved Temnorary Use Permit on nrlvately-owned nrooerty as reeulated in Section 54-2-3.a� shall comply with the followine requirements: (1) Class I vehicles may onerate in commercial, industrial. and public service zoning districts only. Class 11 and Class III vehicles may onerate in anv zonine district Drovided that thev are not stationary for periods exceedine 60 minutes in anv residential zonine district or anv construction site. and must not constitute a hazard to vehicular or pedestrian traffic. (2) Class I mobile food establishments shall have the written consent of the owner(s) of the nronerly on which it is located. Such written Dermission shall be available upon request by the reoresentalive of anv reeulatine aeencv. 13) Anv person eneaeed in selline. oreDarine. or disuensina food from a mobile food disoensine vehicle shall obtain the aDDropriate anprovals and licenses from the State of Florida 2 Derailment ofpusiness and Professional Regulations. (DBPR). Florida Depart rent of Health. and/or the Florida Deuartment of Agriculture and Consumer Services before operating. and be able and willing to Provide conies of all aprrovals and licenses upon reouesl. (4) Mobile food establishments are not required to obtain anv local licenses, reeistrations. Permits or Pav anv opemtine fees. However, the business entity or owner operating the mobile food establishment(s) may need to obtain a local Business Tax Receint from the iurisdictional authority aoolicable to where the base of operations is located- (5) The mobile food establishment shall make the disoensine vehicle available for routine inspections by the Citv of Sebastian Fire Marshal. Building Inspector, or Code Enforcement Officer at anv time requested and at anv frequency deemed appropriate, while at location or in operation, to ensure compliance with all aoolicable federal, state, and local fire safety statutes. regulations and codes. and local regulations of this section- (6) Mobile food establishments shall comply with all requirements of the most current edition of the Florida Fire Prevention Code (FFPC) and the National Fire Protection Association (NFPA). Uoon inspection. if the Fire Marshal or his designee determines anv violations of the FFPC or NFPA exists, the mobile food establishment can be required to cease operations immediately. (7) The selling or distributing of alcoholic beverages from a mobile food establishment must be in accordance with Section 10-1 (Sales of liouor near churches and schools restricted) and Section 10-2 (Prohibited hours of salel of the Code of Ordinances. The establishment must also have a valid State license to sell alcoholic beverages, and be able to Provide a coov Prom request. (c) Prohibitions. Mobile food establishments operating a mobile food disoensine vehicle are Prohibited from the followine: (I) Serving from a free-standing grill. (2) Operating in a driveway. dnvewav aisle, loading zone, no Parkine zone. fire lane. blocking fire hvdrants or anv other fire Protection devises and equipment, or American with Disabilities Act (ADA) accessible narking spaces and/or accessible ramps. Class I establislunents are Prohibited from operating within a public right-of-way. (3) Oneratine in a location that impedes on -site circulation of motor vehicles, the ingress or egress of a building. or emereencv exits. (4) Oreratine on unimproved surfaces, at abandoned or vacant business locations. and in anv aorroved landscape buffer or stormwater retention area. (5) Use of sound anrrlification that meets the criteria of unnecessary and excessive as established in Chanter 67 of the Code of Ordinances. (6) Using balloons, banners, streamers, snipe signs, large Flashing lights, Bags, scantily cladded or costumed work staff. or other similar devices to attract customers. 17) Selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive -up sales. (8) Operating within 500 feel of an established restaurant or food service business unless the mobile food establishment has written nennission from the restaurant owner and/or operator. (d) Oneratine Reauirements. (1) Mobile food dispensing vehicles shall be self-contained when operatine, and Drovide their own reouired trash and /or recvclina receptacles. and receptacles for Dublic use. Mobile food establishments shall remove all waste and trash at the end of each day of operation, and prior to vacating their location and fully comDly with F.A.C. Rule 61C-4.0161 . (2) Under no circumstances shall grease or any waste materials be released into anv stormwater system. tree landscaping area, sidewalks, streets. Darkine lots- or nrivate/vublic monerty. Mobile food establishments shall be responsible to nronerly discard anv waste material in accordance with federal, state, county. municipal. or any laws, rules, regulations. orders. or Dennits. (3) No more than two mobile food establishments shall acetate at the same location at anv one time. except as may be permitted as Dart of an approved Temoorary Use Permit on orivately-owned Droperty as regulated in Section 54-2-3.2. (4) Mobile food establishments are permitted on each vroneriv a maximum of no more than me (2) days per calendar week. (51 Class I mobile food establishments operating at a site for a duration longer than four (4) hours shall have an, agreement which confirms that emolovees have access to a flushable restroom within 150 feet of the establishment's location during the hours of operation. (6) Mobile food establishments shall not reouire the use of more than 10% of existing Darkine snares. In addition to the location of the mobile food dilmensary vehicle. a 10-fool by 10-foot area. covered or uncovered. may be permitted to accommodate seating and tables, if approved by the crocerty owner. (e) Penalties and other legal remedies. The city shall pursue any non -compliances and violations of this section or anv misdemeanor and lawful civil action or proceeding as deemed necessary in compliance with Section 1-10 (General penalty, continuing violations) and Section 2-192 (Enforcement methods) of the Code of ordinances. Amendment 3: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE PERMITS Sec. 54-2-3.2. Procedures and criteria for review of temporary uses. A temporary use shall be allowed for transient merchants and special events as defined in section 54-5-22.2, and held on privately -owned property (with the esee_ .. Of ei ,. Se .._a ........,r Motor ....a f0eflalli(mal Veiliele... 4 iprovides, hewe%'e�' that this Prohibition an the sales ofniotoF mid recreational vehieles she!! no! nelude beaw upon issuance of a temporary use permit by the city manager or his designee, based upon compliance with all applicable regulations of this chapter and other city regulations. (a) Illustrative enumeration. The followine examples are intended to illustrate the tvnes of temporary uses and special events held on privatelv-owned nropertv that mouire the issuance of a temnorary use nermiC provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting. or restrictive: • Outdoor special events and sales. includine sidewalk and oarkine lot sales • Grand ouenine celebrations - Only one Per business • Business milestone celebrations • Temnorary oarkine lot sales • Consignment or vendor sales • Outdoor concerts. festivals and fairs. fundraisers. and events that include animals • Seasonal merchandise sales such as fireworks. Christmas tree lots. and uumokin patches • Outdoor religious or ceremonial occasions • Transient services provided from a mobile vehicle. i.e. medical services or net vaccinations. excludine mobile services provided by a non-profit organization • Races. fishing tournaments or other competitive events (aW A temporary use permit will be issued PNte-feNewixgorovided that all requirements and standards are met: (1) Maximum of six events per calendar year per host site. Permit anolications may aonly for one cumulative Temnorary Use Permit covering all similar events beine held throughout a specific time period. However. the same limits on the number. lvne and duration of these events still anuly. (2) Only temporary pevi4ieas structures may be erected and utilized for the operation. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed 300 square feet in area may be utilized. Use of tents and canopies may he allowed. The location. size and material of all tents having an area in excess of 200 square feet or canopies in excess of 400 spume feet must be at oroved by the Citv of Sebastian Fire Marshal. Further. all tenWcanonies should be located a minimum of four f4) feet apart. All temporary facilities designed to be occupied by the public must be inspected by the fire department after installation, and prior to occupancy. (3) No utility connection shall be permitted except for temporary electrical power which must be approved by the building department. (4) -If-Me applicant is,-net--thamust be the owner of the event location or orovide written authorization from the orooertv owner., is the-eity. Within seven days after a temporary use permit expiration, all items related to the operation or event shall be removed from the site. The Bity - Of permit expiration. The eity may also use such funds to maieve prohibited affpmmise sign hop.4 s .uni i€ ia. The.. y has me. used lh. ti id- nde,'h- e.,..d:L,.... A. sc-IL..d ..ba—e. an b. 41.e site is '...._..eted b the ,: •. 1 is . e.8:ed •... she ..'•e 6... he'n PI .'fined up, and all a. 111 EfiSeS Whffe lile eit� has used the $200.00 eash bead for We eleanup or of! premise sign FeFROY..1 .. .. L5e.. hall be b ssd.d •n the q..M. applieant whose (5) Holders of temporary use permits for an activity shall not be required to obtain a business tax receipt for that activity provided that no permanent modifications are made to the site to accommodate re -occurring events. Permanent modifications will require a site plan application and business tax receipt. (6) No temporary use shall operate within a public right-of-way. Events reouestine road closures will require a cenified Maintenance Of Traffic (MOT) plan and approval by City Council. No operation within an easement shall be permitted unless specifically allowed by all parties having interest in such easement. (7) Location of event shall be on an improved lot within a non-residentialemuenereial or public service district. c...ws held within a _ublie ...._.:.... d:.1 at :.. (8) A maximum of 30% of the required on -site parking stalls of the host site may be utilized by the temporary use. This percentage may be increased based on satisfactory documentation indicating additional puking and/or transportation needs have been provided for the total impact of the proposed event. (9) Food eaneessions, ineluding feed_ '-a*sMobile food establishments as accessory to the temporary use, ase-prehibitedw.!c_= _ - .must haves current state license from the aporopriate rmulatory mencv displayed and be in compliance with all Fire Safery and Health Deoanment_reeulations. In addition, alcohol sales accessory to the temporary use are prohibited unless the host site holds a current alcohol license. (10) Temporary toilet facilities may be required by the applicant depending on location and size of the event. Amount will be determined by the building official based on estimation of attendance of the event. (11) Applicant must provide, at his own expense, additional and/or special crowd control and security if determined necessary by the police chief based on the size of the event. (12) [Reserved.] (13) Prim to city manager review, approval must be obtained from the police chief ind4he building director. and fire marshal. Approval or denial shall be based on items (1) through (11) above and consideration shall be reviewed on the total magnitude of impact that may be detrimental to the health, safety and general welfare of the community. Sec. 54-2-3.3. - Time limits. (a) Transient merchants of any seasonal sales merchandise such as Christmas tree and firework sales or other similar use shall be in operation not more than 45 consecutive days per salefevent on any given site. (b) Transient merchants of any non -seasonal sales merchandise shall be in operation not more than ten consecutive days per sale/event on any given site. (c) Special events shall be in operation not more than seven consecutive days per saWevent on any given site. Sec. 54-2-3.4. - Application. (a) Temporary use permits shall be obtained by furnishing a completed application for such permit to the community development department and fin: marshal. The following information as applicable shall be provided: (1) Application to be made by the owner or lessee of the host site. (2) Location of site and the specific location for the requested use. (3) Beginning and ending dates of the event. (4) Hours of operation of the event. (5) Name of individual in charge of the event. (6) After hours emergency phone number for person responsible for event. (7) A drawing showing dimensions of the site or an existing site plan for the host site including location and dimensions of all existing driveways, entrances, exits, and parking spaces. (8) A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary facilities, and concessions for the temporary use. (9) Indicate how parking and traffic flow will be directed on to and within the event site. (10) Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking and traffic impact. (I1) If existing parking spaces of a permanent use (such m a shopping plaza) are to be utilized by patrons and employees of the temporary use event during normal operating hours, calculations shall be submitted demonstrating that the event will not utilize more than 30% of the required parking stalls of the existing host site. If usage does exceed 30% percent, documentation indicating additional parking and/or transportation arrangements must be provided for the total impact of the proposed event. If the event is being held during non -operating hours for the host site, the 30% restriction may be lifted upon demonstration that there will still be sufficient parking available for patrons of the temporary event.- And a narking use agreement signed by the other tenants allows for temnorary use of the shared marking for the snecifted event. (12) {Resew . A1I temporary use permit applications must be accompanied by a site elan for the or000sed use. This olan shall be drawn in a legible manner and to an accurate scale. The nlan must include the location of adjacent streets, relevant buildings or structures. parkin. and other details which may be necessary to evaluate the nr000 ed request. The elan shall also clearly indicate the location of equipment, materials or structure to be used in association with the temnorary use. Failure to submit a site plan may result in time delays or denial of the anolication. (13) All applications must be made on the form prescribed by the city and submitted no later than 21 days prior to the scheduled event. Fees for temporary uses shall be established by resolution of the city council. Applicants may include multiple similar events on one application. Applications submitted less than 21 days before the scheduled event will be assessed a fee as established in the Resolution to be used for expedited processing. Fees may not be waived for any application,�ity same.manager upur a finding of good Reuuesls_Lq Special_ causes or circumstances may be presented to the city manager for consideration. (b) A copy of the application and all supporting documents will be forwarded to the police chief, grid -the building official, and fire marshal for review and comments. All comments and recommendations will then be attached to the application and forwarded to the city manager or his designee for approval or denial. (c) The application, with all the supporting documents, will be reviewed by the city manager, or his designee. if appFOYed b5'the e45 fflaflageF, the applium shall post the $200.00 cash bond, if requimd, prier to tire - e ef!he tompHmFy use pertok If denied, applicant will be notified, along with the reasons for denial. The police department and the fire marshaldeparimeeu will be notified on all approved requests for temporary use permits. (d) Any decision of the city manager, or the city manager's designee, may be appealed to the city council. Any appeal shall be filed within five days of the decision, and shall be presented to the city council at its next available meeting. Section 2. Severabillty. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Jim Hill Councilmember Fred Jones Councilmember Bob MCPartlsn Councilmember Christopher Now The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2021. CITY OF SEBASTIAN, FLORIDA Lo ATTEST: Jeanette Williams, MMC City Clerk Ed Dodd, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney