HomeMy WebLinkAboutItem 09 First Reading of Ordinance for LDC Amendment to Chapter 180, Articles II and V - Mobile Food Dispensing Vehicles House Bill 1193 AWIr
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: November 2, 2021
Item #
Reviewed By:
Contact Name: Anoch P. Whitfield Department Director:
Contact Number: Ext. 1016 City Manager:
Subject: Land Development Code Update
House Bill 1193 Mobile Food Dispensing Vehicle
Commission District: City-wide
Background Summary:
House Bill 1193, which was signed into law on June 29, 2021, and which became effective as of July 1, 2021,
amended Section 509.102, Florida Statutes(F.S.), to preempt the regulation of licenses, registration, permits,
and fees relative to mobile food dispensing vehicles (MFDV) (i.e. food trucks)to the State.
Discussion:
A copy of the relevant excerpt from HB 1193 is attached; however, below is a summary of the pros and cons
of HB 1193 for the City:
PROS CONS
1. Subsection 509.102(3), F.S., states that Section 1. Per Section 509.102(2), F.S.,
509.102, F.S., may not be construed to affect the local government may not
City's authority to regulate the operation of a MFDV prohibit mobile food dispensing
other than as described in Subsection (2). vehicles from operating within
Therefore, the City has the ability to regulate the the entirety of its jurisdiction,
location of an MFDV on a site to ensure that other thus they must be allowed to
Code requirements are met for the site, i.e. parking, operate somewhere within the
internal vehicular and pedestrian circulation, safety, City.
access, and ADA compliance.
2. Operation of a mobile food dispensing vehicle
involves a business transaction and, as such, is
subject to business taxes under Chapter 205, F.S.
The Land Development Code (LDC), in Section 5-8.B(4), currently prohibits in all zoning districts "the use of
a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or
stored, any services are performed, or other business conducted without a special permission of the City
Commission." Since issuance of licenses, permits and fees are preempted to the State and since MFDVs
must be allowed somewhere within the City, staff recommends treating them as an accessory use/structure
and allowing them within the commercial and industrial zoning districts.
Staff's specific recommendations are provided in the attached draft ordinance; however, below is a summary
of staff's recommended changes to the Code (with underlined text representing new text):
Amendments to Section 2-4 Definitions in Article II:
• Add a new definition for the term "mobile food dispensing vehicle" using the definition provided in
Florida Statutes, as follows:
"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."
Amendments to Section 5-8 Use Regulations in Article V:
• Amend Section 5-8B(4) to clarify that the prohibition on the use of a motor vehicle for business
transactions does not apply to mobile food dispensing vehicles (food trucks) and require that such
MFDVs shall comply with the accessory use regulations in Section 5-6. Proposed amendment is
below:
"(4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any
goods are sold or stored, any services are performed, or other business conducted without special
permission of the City Commission, except that this prohibition does not apply to a "mobile food
dispensing vehicle" as defined in Article 11. Operation of a mobile food dispensing vehicle (MFDV)
shall comply with Section 5-6, Article V."
Amendments to Section 5-6 Accessory Use Regulations in Article V:
• Create Subsections 5-6.B(1) and 5-6.B(2) and move the existing residential accessory structures
language in Section 5-6.B to new Subsection 5-6.B(1) and retitle that subsection so that it applies to
residential districts. Title new Subsection 5-6.B(2) so that it applies to all commercial and industrial
districts.
• Under new Subsection 5-6.B(2), create accessory uses/structures regulations applicable to all
commercial and industrial uses/structures within all commercial and industrial zoning districts. Below
are staffs recommendations for said regulations:
"(2) Accessory Uses and Structures within Commercial and Industrial Districts: Commercial and
industrial accessory uses and structures:
a. Shall comply with the following minimum setbacks:
I. Front setbacks: Structures shall not be located within the front building setback line of
the principal structure, unless otherwise approved by the Planning Director. On
corners lots or other double-frontage lots, accessory structures may be placed within
the front yard along, facing or adjacent to the roadway with the lesser functional
classification so long as minimum sight-distance triangle as defined in Article 11 can be
maintained and other provisions of this Subsection can be met.
ii. Side and rear setbacks:minimum of 5 feet setback.
b. Shall not be located or placed on a site in a manner that interferes with or impedes safe
vehicular and pedestrian on-site circulation, ingress/egress areas, loading/unloading zones, fire
lanes, ADA or emergency services access, or within the sight-distance safety triangle.
c. Shall not include the parking of vehicles overnight at any location unless the overnight parking
of such commercial or recreational vehicles are directly related to the operation of the approved
and permitted principal use.
d. Shall be completely screened from adjacent residential uses.
a Shall not occupy parking space(s) required for the principal use, unless otherwise approved
by the Planning Director through an administrative waiver, upon the demonstration that the
utilization of parking spaces does not adversely impact the parking needs of the principal use and
site.
f. Shall not be parked within a road right-of-way and shall not occupy an unimproved surface or
required open space areas.
g. Shall comply with minimum Building and Fire Safety regulations of the State of Florida.
h. Hours of operation of the accessory use shall conform to the hours of operation of the principal
use."
i. Use of an accessory structure for a business operation that is outside of or apart from the
principal use shall require consent from the property owner and shall comply with the business tax
requirements of the City and County, as applicable. If such accessory use or structure is a mobile
food dispensing vehicle, it shall not be permitted to sell or distribute alcoholic beverages, shall
display all applicable approvals and licenses from the State, shall make such structures or vehicles
available for inspection and shall comply with Sections 509.241 and 509.251, Florida Statutes.
Issue:
Should the City Commission approve the updates to Section 2-4 in Article II and Sections 5-6 and 5-8 in
Article V of the Land Development Code to incorporate the legislative directives from House Bill 1193
regarding mobile food dispensing vehicles?
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) reviewed House Bill 1193 and the proposed Land Development
Code Updates. While the P&Z generally were in agreement with staff's recommendations for the proposed
LDC updates, questions were raised and discussion was held relative to:
• Creation of a food truck zone within the City limits, i.e. the downtown,
• Minimum front setback requirements on corner lots,
• Whether consideration can be given to allowing a food truck without a principal use or beyond the
normal hours of operation of the principal use,
• Potential impacts of this proposed ordinance on sites where food trucks are known to park, and
• Whether limiting food truck operations to the hours of operation of the principal use or requiring the
presence of an approved principal use would have an negative economic impacts on properties that
have or are interested in having a food truck.
Staff discussed the potential liability issues for the property owners and the City in allowing food trucks to
operate beyond the normal business hours of the principal use and vacant lands. In terms of the economic
impact question, the conclusion was that it would not be practical to evaluate and monitor the economic
impacts of food trucks on particular businesses.
Following discussions, the P&Z unanimously to recommend approval with a condition to include standards
for the location or placement of food trucks on corner lots and double-frontage lots. Additionally, the P&Z
directed staff to present for City Commission discussion the consideration of creating a "food truck zone"
within the City.
Staff Recommendation:
This staff report and the ordinance have been revised to reflect the PZC's direction to include setback
standards for corner and other double-frontage lots.
Staff recommends that the Honorable Mayor and City Commission approve the updates to Section 2-4 of
Article II and Sections 5-6 and 5-8 of Article V of the Land Development Code to incorporate the legislative
directives from House Bill 1193 regarding mobile food dispensing vehicles.
Attachments:
Excerpt from Chapter 2021-160, Laws of Florida for House Bill 1193
Draft Ordinance
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda _
Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
Ch. 2020-160 LAWS OF FLORIDA Ch. 2020-160
(6) The department may refuse to issue a certificate of authorization if
any facts exist which would entitle the department.to suspend or.7re•WilEean
existing-icrtiflcatc of-authorization or if the department, after giving
persons involved a full and fair hearing, determines that any of the officers
or directors of said firm or corporation, or partners of anid partnership, have =
vielated-the-provisions-of-s,492413-.
Section 73. Subsection (4) of section 492.113, Florida Statutes, is
amended to read:
492.113 Disciplinary proceedings.—
(4) The department shall reissue the license of a disciplined professional
geologist or-business upon certification by the board that the disciplined
person has complied with all-of the terms and conditions set forth in the final
order.
Section 74. Section 492.115, Florida Statutes, is amended to read:
492.115 Roster of licensed professional geologists.—A roster showing the
names and places of business or residence of all licensed professional
geologists and all properly qualified firms, corporations, or partnerships
practicing holding ccrtificatca of authorization to practiceprofessional
geology in the state shall be prepared annually by the department. A copy
of this roster must be made available to shall be obtainable by each licensed
professional geologist and each firm, corporation,or partnership qualified by
a professional.geologist • , and copies
thereof shall be placed on file with the department.
Section 75. SeZtion-509".`162, FloridO.:Sfaiutes, is gptp_cliteread:.:-'
_
50•9:102--Mobiliocd dispeñsthg vliicls, preernfition -;:,
(1).1. As used in this section, the term "mobile-food-dispeliSixigi'Verifele7
means any vehidathatis-a- -tib&
ro-elfoa orOtherwise iiovabIO-IfiToii:place
Utilities; thcluding bit not limited to,gas;:lwater;Tete-etridity,Tor-,
liTtuid_waite
food-dis-paisilig vehicles
registrolions, per7EitS•,-..aliit,fees is prieiiipterto the state. A-municipality,
ciiiihty,--or-other- local: governmental entity may-Uot'require-a'.-separate
license, registraion, or periiiit'oilier Treqiiireit:under-sT:
;.-509:241,-or-require the-payment-of any,licenseTregiStratioff,Thrlierii-iiffe76'
othei thaji the fee required under_s.-509.251, de--a comiitionTiff
of aniiobile food dispensing th&Te-fitiffs._juris-di-cliaTal
other local pysternmenthl-elititY
mobile-food dispensing _within the-entirety-ottlie',
entity's Itirldi-Ctiali.
46
CODING: Words stricken are deletions; words underlined are additions.
Ch. 2020..160 LAWS OF FLORIDA Ch. 2020-160
(-3)--• -This-section may not be construed to affect a municipality,-countyror7
other -kovernme-niat_6ntity's- authority to regulate-Ithb ei.ation--of
Mobile-food dispensingvehicles oilier thanlhe,regulations---describ-e•
-Settion7(2)::1:-
(4) This section does not apply to any port authority, aviation authority,
airport, or seaport.
Section 76. Paragraph (i) of subsection (2) of section 548.003, Florida
Statutes, is amended to read:
548.003 Florida State Boxing Commission.—
(2) The Florida State Boxing Commission, as created by subsection (1),
shall administer the provisions of this chapter. The commission has
authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
the provisions of this chapter and to implement each of the duties and
responsibilitiesoonferred Upon the commission,including,but not limited to:
(-i)—Designation-andduties-ef-a-kneekdown4imekeeper,
Section 77. Subsection (I) of section 548.017, Florida Statutes, is
amended to read:
548.017 Participants, managers, and, other persons required to have
licenses.—
(1) A participant, manager, trainer, second, timekeeper, referee, judge,
announcer, physician, matchmaker, or promoter must be licensed before
directly or indirectly acting in such capacity in connection with any match
involving a participant. A physician approved by the commission must be
licensed pursuant to chapter 458 or chapter 459, must maintain an
unencumbered license in good standing, and must demonstrate satisfactory
medical training or experience in boxing, or a combination of both, to the
executive director before working as the ringside physician.
Section 78. Paragraph (d)of subsection (1) of section 553.5141, Florida
Statutes, is amended to read;
5535141 Certifications of conformity and remediation
(1) For purposes of this section:
(d) "Qualified expert" means:
1. An engineer licensed pursuant to chapter 471.
2. A certified general contractor licensed pursuant to chapter 489.
3. A certified building contractor licensed pursuant to chapter 489.
4. A building code administrator licensed,pursuant to chapter 468.
47
CODING: Words stricken are deletions;words,underlined,are additions.
ORDINANCE NO. 2021-
(LDC Update for House Bill 1193
Mobile Food Dispensing Vehicles)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
SECTION 2-4 AND SECTIONS 5-6 AND 5-8 OF THE CITY OF OCOEE
LAND DEVELOPMENT CODE, RELATING TO MOBILE FOOD
DISPENSING VEHICLES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes,the City of Ocoee (the "City") enjoys all home rule authority,
police power, land development and zoning authority, and governmental and proprietary powers
necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
'WHEREAS, House Bill 1193 ("HB 1193") was approved by the Governor on June 29,
2021 and became effective on July 1, 2021 amending Section 509.102, Florida Statutes (F.S.)
relating to restrictions upon local governments regarding the local regulation of mobile food
dispensing vehicles; and
•
WHEREAS, on October 12, 2021,the Planning and Zoning Commission held an
advertised and publicly noticed public hearing and recommended approval of an amendment
proposed by staff to revise Sections 2-4, 5-6 and 5-8 of the City of Ocoee Land Development
Code ("LDC") in accordance with Section 559-955, Florida Statutes, relating to mobile food
dispensing vehicles; and
WHEREAS, following advertisement and a duly noticed public hearing on the
Ordinance on November 16, 2021, the Ocoee City Commission approved the amendments to
Sections 2-4, 5-6 and 5-8 of the LDC; and
WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is
in the best interest of the City and its residents and promotes the health, safety, and welfare of the
public.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. AMENDMENT OF THE LDC. Sections 2-4, 5-6 and 5-8 of the City
of Ocoee Land Development Code are hereby amended to read as depicted in Exhibit "A" with
underlines representing additions and strike-throughs representing deletions.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause,phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto
SECTION 4. CODIFICATION. It is the intention of the Ocoee City Commission
that the provisions stated in this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word"ordinance"may be changed to"chapter", "section", "article", or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such inclusion
in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of ,2021.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2021
READ FIRST TIME ,2021.
READ SECOND TIME AND ADOPTED
,2021.
UNDER AGENDA ITEM NO.
-2-
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of , 2021.
SIIUFF!k;LD LOWMAN&WILSON,P.A.
By:
City Attorney
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EXHIBIT "A"
Changes are hereby made to Sections 2-4, 5-6 and 5-8, as follows, with underline
representing additions and strike-through representing deletions:
ARTICLE II
§ 2-4. - DEFINITION OF TERMS.
***
(200) Mobile Food Dispensing Vehicle: 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.
ARTICLE V
§ 5-6. - LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY
STRUCTURES.
A. Construction and Use of Accessory Structures.
No accessory building shall be constructed upon a lot until the construction of the
main building has been actually commenced, and no accessory building shall be
used unless the main building on the lot is also being used. In cases where a
telecommunications service facility has been allowed as an accessory structure in
accordance with Section 5-19, the accessory use shall be governed by the
requirements of Section 5-19.
B. Location of Accessory Uses and Structures.
(1) Accessory Uses and Structures within Residential Districts: In residential districts,
accessory uses and structures shall not be located in front or side yards but may be
located in rear yards; provided, however, that accessory structures for the housing of
persons, such as guest houses and garage apartments, shall not be located in any
required yard. On double frontage, through or corner lots in residential districts,
accessory uses and structures shall not be located in either of the required front
yards but may be located in one (1) but not both side yards. No separate accessory
building shall be located within five (5) feet of any other building. In residential
districts, utility or accessory buildings will be no closer than five (5) feet to the rear lot
line and five (5) feet to the side lot line; provided, however, a shed no larger than
120 square feet and not located within a utility or drainage easement may be located
no closer than three (3) feet to the rear lot line and three (3) feet to the side lot line.
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(2) Accessory Uses and Structures within Commercial and Industrial Districts:
Commercial and industrial accessory uses and structures:
a. Shall comply with the following minimum setbacks:
i. Front setbacks: Structures shall not be located within the front building
setback line of the principal structure, unless otherwise approved by the
Planning Director. On corners lots or other double-frontage lots,
accessory structures may be placed within the front yard along, facing or
adjacent to the roadway with the lesser functional classification so long
as minimum sight-distance triangle as defined in Article II can be
maintained and other provisions of this Subsection can be met.
ii. Side and rear setbacks: minimum of 5 feet setback.
b. Shall not be located or placed on a site in a manner that interferes with or
impedes safe vehicular and pedestrian on-site circulation, ingress/egress areas,
loading/unloading zones, fire lanes, ADA or emergency services access, or within
the sight-distance safety triangle.
c. Shall not include the parking of vehicles overnight at any location unless the
overnight parking of such commercial or recreational vehicles are directly related to
the operation of the approved and permitted principal use.
d. Shall be completely screened from adjacent residential uses.
e. Shall not occupy parking space(s) required for the principal use, unless
otherwise approved by the Planning Director through an administrative waiver, upon
the demonstration that the utilization of parking spaces does not adversely impact
the parking needs of the principal use and site.
f. Shall not be parked within a road right-of-way and shall not occupy an
unimproved surface or required open space areas.
g. Shall comply with minimum Building and Fire Safety regulations of the State of
Florida.
h. Hours of operation of the accessory use shall conform to the hours of operation
of the principal use.
i. Use of an accessory structure for a business operation that is outside of or apart
from the principal use shall require consent from the property owner and shall
comply with the business tax requirements of the City and County, as applicable. If
such accessory use or structure is a mobile food dispensing vehicle, it shall not be
permitted to sell or distribute alcoholic beverages, shall display all applicable
approvals and licenses from the: State, shall make such structures or vehicles
available for inspection and shall comply with Sections 509.241 and 509.251, Florida
Statutes.
C. Number of Principal Buildings Permitted Per Lot.
No lot shall be occupied by more than one (1) principal building, providing, however,
that in any district more than one (1) structure housing a permitted or permissible
principal use may be erected on a single lot provided that yard, area, street frontage
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and other requirements of this Code shall be met for each structure as though it
were on an individual lot. No part of a yard, court or other open space provided
about any building or structure for the purpose of complying with the provisions of
this Code shall be included as a part of a yard or other open space required under
this Code for another building or structure. For provisions related to
telecommunications service facilities, refer to Section 5-19.
***
§ 5-8. - USE REGULATIONS.
A. Table 5-1 lists the principal uses which will be permitted on a parcel or lot in the
zoning districts established in this Article. For use regulations applicable to the
Planned Unit Development Districts, see Article IV.
B. Prohibited Uses.
Without limiting the generality of the foregoing provision, the following uses are
specifically prohibited in all districts:
(1) Any use that involves the manufacture, handling, sale, distribution or storage of
any highly combustible or explosive materials in violation of the City's fire
prevention code.
(2) Stockyards, slaughterhouses, rendering plants.
(3) Use of a travel trailer as a temporary or permanent residence.
(4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or
from which any goods are sold or stored, any services are performed, or other
business conducted without special permission of the City Commission, except
that this prohibition does not apply to a "mobile food dispensing vehicle" as
defined in Article II. Operation of a mobile food dispensing vehicle (MFDV) shall
comply with Section 5-6, Article V.
(5) Reserved.
(6) Adult Entertainment Establishments except as permitted by these regulations.
(7) Telecommunications service facilities except as permitted by Section 5-19.
(8) Medical marijuana treatment center dispensing facilities, as described in Section
381.986(8), Florida Statutes.
(9) Drive-in restaurant.
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