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HomeMy WebLinkAbout03-18-2021 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES MARCH 18, 2021 I. Call to Order -- Vice -Chairman Roth called the meeting to order at 6:00 p.m. II. Pledoe of Alleoiance was recited by all. III. Roll Call Present: Mr. Roth Mr. Christino (a) Mr. Simmons Mr. Qizilbash Ms. Kautenburg (a) Mr. Alvarez rpJ y N� Also Present: Ms. Lisa Frazier, Community Development Director Mr. Manny Anon, Jr., City Attorney Mr. Robert Loring, Planner C i Ms. Barbara Brooke -Reese, MIS Manager C 0 m Ms. Janet Graham, Technical Writer (Zoom) N. Not present: Mr. Carter — Excused E �� E Mr. Reyes — Excused E� Mr. Hughan -- Excused I= 0 ca g Dr. Mara Schiff, Indian River County School Board liaison, was not present C _� Q IV. Announcements and/or Aaenda Modifications C o Vice -Chairman Roth announced that Mr. Carter, Mr. Reyes, and Mr. HughanVd elculed this evening, and Ms. Kautenburg and Mr. Christino will be voting in their absence. He stated there are no agenda modifications. V. ADDroval of Minutes -- Regular Meeting of February 4, 2021 Mr. Roth asked the Commission members if they all had had a chance to review the Minutes from February 4, 2021. All indicated they had. Mr. Roth called for a motion to approve the Minutes of February 4, 2021. A motion to accept the Minutes of the meeting of February 4, 2021 as presented was made by Mr. Simmons, seconded by Mr. Christino, and approved unanimously via voice vote. VI. Quasi -Judicial and Public HearirnLs Mr. Roth asked all Commission members whether they had had any ex parte communications with anyone concerning these matters. All stated they had not. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF MARCH 18, 2021 A. Quasi -Judicial Public Hearing — Site Plan Approval — City of Sebastian Public Works Compound — 505 Airport Drive West — Proposed construction of new +/- 36,428 SF vehicle maintenance facility with associated offices and fuel canopy along with parking utilities, stone water and landscaping -- Industrial (IN) Zoning District -- Staff request to table hearing to April 1, 2021 Mr. Loring stated staff were waiting for drawings and public notices to go out. Everything was riot obtained in time in order to give the neighbors to the north adequate chance to be notified for this very large site plan. Staff then decided it would be in everyone's best interests to table it till April 1, 2021. This requires the Commission to formally table it. Mr. Anon stated that, because of the limitations in place per the statute, the Vice - Chairman will need to open the meeting on this matter, and then there should be a motion from someone to continue it till April 1, 2021. That motion will need to be seconded and a vote taken. If that motion passes, the Vice -Chairman can then gavel the meeting on this matter closed until April 1st. Then on April 1st, the Vice Chairman/Chairman can reopen this meeting and continue. Mr. Loring read the item into the record. Mr. Roth called for a motion. A motion to continue Item A on this evening's agenda till April 1, 2021 was made by Ms. Kautenburg and seconded by Mr. Christino. Roll Call Mr. Qizilbash — Yes Ms. Kautenburg — Yes Mr. Roth -- Yes Mr. Christino — Yes Mr. Simmons -- Yes Mr. Alvarez -- Yes Vote was 6-0 in favor. Motion passes. B. Public Hearing -- Recommendation to City Council -- Land Development Code Amendment — Ordinance 0-21-03 — Mobile Food Establishments and Temporary Uses Mr. Loring stated that in July 2020 there was a newly created Florida statute, which is Section 509.102, which 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 regard to licenses, registrations, permits and fees is pre-empted to the State; 3) A local governmental entity PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF MARCH 18, 2021 may not require a separate license, registration, permit or fee other than 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 other than what the State regulates (SEE ATTACHED SECTION 509.102). Mr. Loring reviewed Sebastian's Land Development Code regulations regarding this subject (SEE ATTACHED). He also provided background information relating.to this case. Mr. Loring referred the Commissioners to the proposed amendments to the Land Development Code which are attached to this evening's agenda. He called attention to page 4 of the proposed amendments. He read No. 8 into the record as follows: "Operating within 500 feet of an established restaurant or food service business unless the mobile food establishment has written permission from the restaurant owner and/or operator." After further review of that statement and after talking with the City Attorney, staff feels that that is restrictive and would like to be pulled from the proposal that is in front of the Commissioners this evening. Mr. Anon read Statute Ordinance 0-21-03: "An ordinance of the City of Sebastian, Florida, amending the Land Development Code Section 54-5-22.2, Definition of Terms, by creating a definition for mobile food establishments amending Land Development Code Section 54-2-3.2 and 3.3 and 3.4 relating to the procedures and criteria for review of temporary usage 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." Mr. Anon explained further that what staff is recommending is the entire ordinance to be approved except for on Page 4, Section 54-2-3.6, the section that talks about within a distance of 500 feet. Staff is recommending that that Section 8 be stricken. Mr. Roth called for questions/comments from the Commissioners. Ms. Kautenburg: • Personally is not in favor of some of it, but she understands why it needs to be that way. Mr. Christino: • Regarding the restaurants along Indian River Drive eliminating the 500 feet, there is not a lot of public parking. He understands that most of that parking belongs to PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF MARCH 18, 2021 the restaurants. So they would have to grant permission for the food trucks. He cannot see those restaurants wanting to see the food trucks there. Establishments such as Mash Monkeys who do not serve food might like to see them. He is open to the idea of allowing it. There is a craft fair at the beginning of every month at Riverview Park. He asked if a vendor would be able to go every month, or would they be restricted by the special events clause that the City has of only six events per year. Mr. Loring stated that in the case of the craft fair, they would fall under a special event. Mr. Loring stated that staff wants to draw a distinction between mobile food vending and mobile food trucks operating at an event. He stated that in the Ordinance there is language distinguishing the difference between the two. Regarding mobile food trucks operating in and around Indian River Drive, he cannot think of a location where they would be able to operate. Most of those parking lots are for the restaurants. Ms. Frazier stated that, in order to locate on a private property, there is permission needed from the property owner. So that is going to limit them. She further stated that the food trucks will not be allowed in public rights -of -way or in public parking lots unless they are _Qart of a special event. She stated that staff has done a great job regarding this matter. Mr.Alvarez:__4 " Mr. QVzt�"Z' Referring to page 4 of the amendment, Operating Requirements, Item No. 6, he is asking why seating and tables are being allowed since it is a mobile food vendor. Mr. Loring stated that when staff drafted this ordinance, staff wanted to keep the ingress and egress areas open, and they also wanted to allow for, provided that they have ample parking, some ability for someone to sit down and enjoy their food. No. 6 specifically describes that. Mr. Alvarez stated that if people are given seating, they may stay longer and the vendor may have longer hours of operation. Mr. Christino stated most of these food trucks will put up a pop-up enclosure, and the typical size of those enclosures is 10 x 10 feet. Asked if these mobile trucks use a City park or someplace other than that, do they still have to get permission. Mr. Loring stated a City park would be a special event, which is completely different. Mr. Roth further stated that, if it is a City event, then they need to get a permit to participate at that event. Mr. Loring stated that is correct. But those rules would be entirely different from the language that is being discussed here. Mr. Roth: PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF MARCH 18, 2021 Inquired whether these trucks will need connections to electricity or water. Mr. Loring said typically these food trucks are self-contained. It is basically a commercial kitchen on wheels. If they were at a special event, he suggested it may be possible that they could have an electrical hookup for something, but typically these vehicles are self-contained units. They are autonomous. As a point of clarification, he referred to the "red Ink" which is all the new language. He asked if this language was taken from accepted standards either by the State or other municipalities. Mr. Loring stated that staff spent a great deal of time looking at other municipalities to see how they were handling this issue. This language is staffs first attempt to enact language that can be built upon. Asked if this complies with State regulations. Mr. Loring stated that with removal of No. 8 he believes that the language that is there will stand. Mr. Anon stated that this will comply with State law, and he would recommend this proposed language. Mr. Roth called on anyone from the public, either in chambers or on Zoom, who wished to speak on this matter. Hearing none, Mr. Roth called for a motion. Hearing nothing further on this agenda item, a motion to approve the recommended language and forward it to City Council with the change to the Land Development Code amendment, Ordinance 0-21-03 — Mobile Food Establishments and Temporary Uses, excluding item No. 8 on page 4 regarding the 500 foot limitation, was made by Mr. Christino and seconded by Mr. Simmons. Roll Call: Mr. Qizilbash — Yes Mr. Simmons — Yes Ms. Kautenburg (a) -- Yes Mr. Christino (a) — Yes Mr. Roth — Yes Mr. Alvarez — Yes Vote is 6-0 in favor. Motion passes. Mr. Roth asked when this will be presented to City Council. Mr. Loring stated it will be on April 14th. VII. Unfinished Business -- None Vill. Public Input — None IX. New Business -- None X. Commissioners Matters PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF MARCH 18, 2021 Mr. Christino asked staff when it could be anticipated that the Commissioners will receive the plans for the City garage. Mr. Loring said the plans will be finished up this week. The Commissioners should be getting them next week. There will be approximately a week to look over them. It is a massive undertaking, so if anyone has questions when studying the plans, please feel free to call staff. Ms. Frazier stated that, because it is a large site plan and a very important project for the City, staff will strive to get the plans to the Commissioners as soon as possible next week. Mr. Christino stated that perhaps it would be better to delay this meeting past April 1 st. Ms. Frazier stated she thinks there will be enough time for the Commissioners to review the plans before the April 1 st meeting. XI. Citv Attomev Matters — None XII. Staff Matters -- None XIII. Adioumment There being nothing further, Vice -Chairman Roth adjourned the meeting at 6:35 p.m. 33 jg Date: