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2023-05-18 V. A. 23-001-TA App/Proposed Ord Exhibit 1 City of Okeechobee Date: -Pew No. ,93,.001_ TA General Services Department Fee Paid: N/A Jurisdiction: PBci. C fv 55 S.E. 3rd Avenue, Room 101 1st Hearing: --1 ao 3 5.I8.dL, 2nd Hearing: Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: G•aU E 7-/g_2 3 Fax: (863) 763-1686 Notices Mailed: tqA pp . hnued . . . APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: Cl.`y or OK ehiohee 2 Mailing address: 53 SE 3rd j j j ._) 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? ( ) Yes ( ) No If yes, provide address(es) 5 . Do you own nonresidential property within the City? ( ) Yes ( ) No If yes, provide address(es) 6 NA. REQUEST INFORMATION Request is for: 0) Text change to an existing section of the LDRs ( ) Addition of a permitted use ( ) Deletion of a permitted use 7 ( V )Addition of a special exception use ( ) Deletion of a special exception use ( )Addition of an accessory use ( ) Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and additions in underline format. (This description may be provided on separate sheets if necessary.) `_ ' pibpbsect &OAMOi 8 LDR Amendment Application Page 1 of 3 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) 12ep(OX d a 9 REQUIRED ATTACHMENTS Non-refundable application fee of$500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - 10 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 LDR Amendment Application ?age 2 of 3 FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. 3. Will not have an adverse effect on the public interest. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. 5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s)affected or nearby thereto. 6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7. Will not create a density pattern that would overburden public facilities such as schools,streets, and utility services. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Your responses to these findings should be as descriptive as possible. Attach additional pages as may be necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. LDR Amendment Application Page 3 of 3 ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING CHAPTER 14 - BUSINESSES BY ADDING ARTICLE VI REGULATING THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES WITHIN CITY LIMITS, AND AMENDING CHAPTER 90 - ZONING, ALLOWING FOR MOBILE FOOD DISPENSING VEHICLES AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, IND, PUB, AND RH ZONING DISTRICTS AND ALLOWING FOR TEMPORARY SIGNAGE ASSOCIATED WITH MOBILE FOOD DISPENSING VEHICLES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Governor of the State of Florida signed into law the Occupational Freedom and Opportunity Act(SB474/HB 1171) ("Act"), which became effective on July 1, 2020; and WHEREAS, the Act created Florida Statutes Section 509.102, "Mobile food dispensing vehicles; preemption," in which a municipality, county, or other local governmental entity may not require a separate license,registration,permit or fee from Mobile food dispensing vehicles("MFDV") and may not prohibit MFDVs from operating within the entirety of the jurisdiction; and WHEREAS, the City of Okeechobee ("City") allows MFDV's licensed by the Florida Department of Business & Professional Regulation ("DBPR"), which includes mobile hot dog carts and food trucks, to operate according to certain standards; and WHEREAS the City Commission finds it is in the best interest of the health, safety, and welfare of the pubic to adopt standards for the location and operation of MFDVs within the City; and WHEREAS, the City finds and determines that these amendments to the City's Code are consistent with all applicable policies including the Land Development Regulations and the City's adopted Comprehensive Plan and not in conflict with the public interest. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1. The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. SECTION 2. Underlining denotes additions and strike-through denotes deletions. SECTION 3. Chapter 14 -Businesses, is hereby amended by adding Article VI "Mobile Food Dispensing Vehicles" as follows: ARTICLE VI. MOBILE FOOD DISPENSING VEHICLES Sec. 14-300. Title. This article shall be known and may be cited as the "Food Truck Ordinance." Sec. 14-301. Authority. This article is enacted under the home rule power of the city in the interest of the health, safety, peace, and general welfare of the people of the city. Sec. 14-302.Applicability. This section applies to vendors operating mobile food dispensing vehicles ("MFDV") as defined in Florida Statute. Secs. 14-303-14-340. Reserved. Sec. 14-341. Mobile Food Dispensing Vehicle Classifications. (1) Classifications. Mobile food establishments involving the use of a mobile food dispensing vehicle shall be classified as follows: 0.1 Class I-Mobile kitchens. In addition to the vending of products allowed for Class II and Class III, these vehicles may cook, prepare and assemble food items in the unit and serve a full menu. This also includes vending carts. (b) Class II- Canteen trucks. These vehicles vend fruits, vegetables, precooked foods, pre-packaged foods and pre-packaged drinks.No preparation or assembly of foods or beverages may take place on or in the vehicle, however, the heating of pre-cooked foods is allowed. (c) Class III- Ice cream trucks. These vehicles vend only pre-packaged frozen dairy or frozen water-based food products, soft serve or hand-dipped frozen dairy products or frozen water-based products and pre-packaged beverages. Exclusions. As used in this section, the term "mobile food dispensing vehicle" does not include minor children operating lemonade or soft drink stands, owners or operators of fresh fruit and/or vegetable stands or other raw, uncooked, unprepared or nonedible perishable goods,or owners or operators of food or beverage self-service vending machines. Secs. 14-342-14-360. Reserved. Sec. 14-361. Operating without special exception approval or temporary use permit. (1) All classes of MFDV may operate on private property in the Industrial (IND), Heavy Commercial (CHV), Light Commercial (CLT), Commercial Business District (CBD), and Commercial Professional Office (CPO) zoning districts or on any property where a permanent house of worship use is located according to the following standards: (a) Written,signed consent of the owner of the property on which the vehicle is operating shall be available upon request by a representative of the City or any regulating agency. The written consent shall specify the address and/or parcel ID, and the approved operating days and times authorized by the owner. (b) No more than two (2) MFDVs shall operate on one parcel at the same time. (c) MFDV operations, including customer queuing/waiting area may not occupy more than 5% of the parking spaces required for the other active permitted use(s) on any parcel. (d) Existing internal and external vehicle circulation patterns shall not be affected by MFDV operations. The MFDV operations shall not cause or increase vehicle queuing, congestion, or hazardous conditions. (e) Freestanding signage for each MFDV is limited to one (1) non-affixed, A-frame ground sign to be no larger than twenty(20)square feet in area(including both sides), to be removed once the MFDV is no longer operational. ff Placement of tables,seating,and canopies is not permitted in association with MFDV operations. 10 All standards of Section 14-364 shall apply. Class III vehicles may operate in the public right-of-way in any zoning district according to the following standards: (a) The MFDV may not be stationary for periods exceeding 20 minutes and must not constitute a hazard to vehicular or pedestrian traffic at any time. (b) No accessory or appurtenant structures or fixtures shall be erected, installed, or constructed, and no temporary awning or canopy may be employed. (c) No tables, seating, or canopies may be provided. (d) No sale of goods shall occur outside of any vehicle operating on public rights of way. () Operation is limited to the hours between 9:00 a.m. and sundown, whatever time that may occur. No sale or distribution of alcoholic beverages is permitted. (g1 Short,pre-recorded amplified songs or tunes may be broadcast so long as they comply with the City of Okeechobee Noise and Vibration Standards. Amplified music lyrics may not be broadcast at any time. (h) All standards of Section 14-364 shall apply, Sec. 14-362. Operating with a special exception approval. All classes of MFDVs may operate as a special exception use in those zoning districts where MFDVs are listed as a special exception use and only as approved through the special exception process in accordance with any conditions and site design standards required as part of the special exception approval. Application considerations are as follows: (a) A pre-application meeting with City staff is recommended. (b) Upon determination by the City Administrator, a traffic impact study may be required. (c) A site plan shall be submitted demonstrating adequacy of parking, internal/external vehicular circulation, pedestrian safety, customer service area, compatibility with existing onsite and offsite uses. (d) Adequate sanitary facilities, utility, drainage, refuse management, emergency services and access, and similar necessary facilities and services will be available to serve employees and patrons. (c). All standards of Section 14-364. Standards for granting a special exception use provided in 70-373(b)and the findings for approval provided in 70-373(c). (g) The ultimate decision to approve, deny, or approve with conditions any special exception application shall be the responsibility of the City of Okeechobee Board of Adjustment, which may impose any condition necessary to ensure compatibility of the proposed use and ensure public health, safety and welfare. Sec. 14-363. Operating with a temporary use permit. MFDVs may operate on private property,public property and on rights-of-way as authorized by a temporary use permit and in accordance with any conditions of that permit. Guidelines for MFDV temporary use permit conditions are as follows: (1) The MFDV operator shall produce a copy of the temporary use permit for inspection upon request by a representative of the City or any regulating agency. food establishments conductingbusiness in with a City-sanctioned (2) Mobile oo to conjunctionty event or activity, or events held on City owned or controlled property shall comply with all standards and requirements as established by the event coordinator and/or Planning and Development Department, in addition to any applicable regulatory agency's regulations. (3) Adequate sanitary facilities, utility, drainage, refuse management, emergency services and access, and similar necessary facilities and services will be available to serve employees, patrons, or participants. (4) Where a tent or similar structure is to be used, such structure shall: Comply with the requirements of the fire marshal. (b) Provide the city with a certificate of insurance to cover the liability of the applicant or sponsor. (c) Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such. (5) Freestanding signage for each MFDV is limited to one(1)non-affixed,A-frame ground sign to be no larger than twenty (20) square feet in area(including both sides), to be removed once the MFDV is no longer operational. (6) All standards of Section 14-364 shall apply. Sec. 14-364. General Operating Standards. The following standards shall apply to all MFDVs operating in the City unless otherwise stated in the conditions of a special exception approval or temporary use approval or otherwise stated elsewhere in this chapter. (a) Any person engaged in selling, preparing, or dispensing food from a mobile food dispensing vehicle (MFDV) shall obtain the appropriate approvals and licenses from the State of Florida Department of Business and Professional Regulations, (DBPR). Florida Department of Health, and/or the Florida Department of Agriculture and Consumer Services before operating, and shall provide copies of all approvals and licenses upon request. (b) The operator of a MFDV shall provide the City, or other regulatory agencies, their Florida State sales tax number upon request and shall maintain display a current vehicle registration tag. (cl The mobile food establishment shall make the dispensing vehicle available for routine inspections by the City of Okeechobee Fire Marshal, Building Inspector, or Code Enforcement Officer at any time requested and at any frequency deemed appropriate,while at location or in operation,to ensure compliance with all applicable federal, state, and local fire safety statutes, regulations and codes, and local regulations of this section. (d) 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). Upon inspection, if the fire marshal or an authorized designee determines any violations of the FFPC or NFPA exist,the mobile food establishment can be required to cease operations immediately. (e) Mobile food establishments shall have hand sanitizer, or similar, visible and readily available for customer use at all times during hours of operation. (f) MFDVs that remain operational on the same site for longer than three(3)consecutive hours must provide restrooms, or written consent from the property owner allowing public access to existing restrooms within 150 feet of the stationary vehicle. (g) MFDV operations shall not interfere with vehicular and pedestrian movement or visibility, block access to loading/service areas, emergency access and fire lanes, driveways,sidewalks,emergency exits,or damage landscaped areas on adjacent sites. (h) Except for Class III MFDVs operating in the right of way according to the provisions of 14-361(2), waste receptacles,not less than 32 gallons, shall be provided adjacent to the MFDV, for litter associated with the sales activity. The MFDV operator shall remove all litter, debris and other waste attributable to the vendor and/or customers on a daily basis and ensure that waste disposal receptacle is not overfilled at any time. Waste, fat, oil, grease, greywater or similar substances shall not be discharged into any stormwater system,landscape area, sidewalks,or rights of way. MFDV operators are responsible for proper disposal of any waste material in accordance with federal., state, county, or municipal laws,rules, regulations, orders, or permits. Mobile Food Dispensing Vehicles shall not sell alcohol unless specifically licensed to do so and must provide copies of all alcohol-related licensing upon request. 00 Except for Class III vehicles operating in the rights of way according to the provisions of 14-361(2), a MFDV shall not make sounds, announcements, or amplify music to call attention to its vending or products either while traveling on public or private right-of-way or when stationery. (l) Using balloons, banners, snipe signs, large flashing lights, flags, or other similar devices to attract customers is prohibited, except in accordance with City sign regulations. (m) MFDVs shall not park within any required landscape buffers or stormwater retention/detention area. (n) MFDVs shall not obstruct the usage of American with Disabilities Act (ADA) accessible parking spaces or associated ADA access aisles. (o) Serving from a free-standing grill is prohibited. (p) It is prohibited to solicit sales of food or beverages by: i. Stopping passersby; ii. Yelling or making loud noise to attract customers; iii. Using sound amplification in such a manner as to unreasonably disturb peace, quiet and comfort; or iv. Having an attraction which will blockade a street, sidewalk or other public place. Sec. 14-365. Enforcement. (1) Owners and operators of mobile food dispensing vehicles and property owners on which such vehicles operate, shall be jointly and severally liable for any violations of this section, subject to the penalty provisions set forth in this section. (2) City Code compliance shall be responsible for the enforcement of the provisions within section 14-300. MFDVs operating in non-compliance of any of the provisions of this section will have the option to immediately cease all operations and leave the location. If there is refusal leave the site, a citation in the amount of no less than $200.00 per infraction/per day will be issued to the landowner and the City will bring forward a code compliance case against the underlying landowner with the intent of collecting the fine in accordance with City code compliance enforcement procedure. Secs. 14-366-14-380. Reserved. SECTION 4. Chapter 90 -Zoning, is hereby amended by adding "Mobile Food Dispensing Vehicles"to the list of special exception uses in the CPO, CLT, CHV, CBD, IND, PUB, and RH zoning districts, and allowing for temporary signage associated with MFDVs as follows: CHAPTER 90—ZONING * * * * * * * * * * * * * ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS * * * * * * * * * * * * * DIVISION 6. - COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT * * * * * * * * * * * * * Sec. 90-223. - Special exception uses. * * * * * * * * * * * * * (14) Mobile Food Dispensing Vehicles * * * * * * * * * * * * * DIVISION 7. - LIGHT COMMERCIAL (CLT)DISTRICT * * * * * * * * * * * * * Sec. 90-253. - Special exception uses. * * * * * * * * * * * * * (24) Mobile Food Dispensing Vehicles * * * * * * * * * * * * * DIVISION 8.- HEAVY COMMERCIAL (CHV) DISTRICT * * * * * * * * * * * * * Sec. 90-283. - Special exception uses. * * * * * * * * * * * * * (29) Mobile Food Dispensing Vehicles * * * * * * * * * * * * * DIVISION 9. - CENTRAL BUSINESS (CBD) DISTRICT * * * * * * * * * * * * * Sec. 90-313. - Special exception uses. * * * * * * * * * * * * * (14)Mobile Food Dispensing Vehicles * * * * * * * * * * * * * DIVISION 10.—INDUSTRIAL (IND) DISTRICT * * * * * * * * * * * * * Sec. 90-343. -Special exception uses. * * * * * * * * * * * * * (13) Mobile Food Dispensing Vehicles * * * * * * * * * * * * * DIVISION 11. - PUBLIC USE (PUB) DISTRICT * * * * * * * * * * * * * Sec. 90-373. - Special exception uses. * * * * * * * * * * * * * (4) Mobile Food Dispensing Vehicles * * * * * * * * * * * * * DIVISION 15. —RURAL HERITAGE (RH) DISTRICT * * * * * * * * * * * * * Sec. 90-436. - Special exception uses. * * * * * * * * * * * * * (2) Reserved. Mobile Food Dispensing Vehicles. (3)Reserved. * * * * * * * * * * * * * ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS * * * * * * * * * * * * * DIVISION 5. - SIGNS * * * * * * * * * * * * * Sec. 90-570. —Allowable temporary signs (no permit required). * * * * * * * * * * * * * (b) The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requirements associated therewith. Further, these signs shall not be counted as part of the allowable number or area of freestanding or building signs. * * * * * * * * * * * * * (5) Except for Class III MFDVs operating in the right of way according to the provisions of 14-361(2), and unless otherwise permitted according to an approved special exception or temporary use permit, Mobile Food Dispensing Vehicles (MFDV) are allowed one (1) non-affixed, A-frame ground sign to be no larger than twenty (20) square feet in area(including both sides), to be removed once the business is no longer operational. * * * * * * * * * * * * * SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. That this Ordinance shall take effect immediately upon its final adoption by the City Commission of the City of Okeechobee, Florida. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF OKEECHOBEE, FLORIDA, THIS DAY OF 2023. FIRST READING: ADVERTISED: SECOND READING: BY: ATTEST: Lane Earnest Gamiotea, CMC, CITY CLERK CITY ATTORNEY Approved as to form and legality for use and reliance of the City of Okeechobee, Florida PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF OKEECHOBEE, FLORIDA, THIS DAY OF 2023. FIRST READING: ADVERTISED: SECOND READING: BY: ATTEST: Lane Earnest Gamiotea, CMC, CITY CLERK CITY ATTORNEY Approved as to form and legality for use and reliance of the City of Okeechobee, Florida