Miami-Dade Legislative Item
File Number: 122227
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File Number: 122227 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-108 Control: Board of County Commissioners
File Name: MOBILE FOOD SERVICE OPERATIONS Introduced: 11/1/2012
Requester: Regulatory and Economic Resources Cost: Final Action: 12/4/2012
Agenda Date: 12/4/2012 Agenda Item Number: 7O
Notes: TLL- 11/1/2012 Title: ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-13 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REAUTHORIZING AND AMENDING THE PROVISIONS REGULATING MOBILE FOOD SERVICE OPERATIONS SPECIAL EVENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 121945]
Indexes: NONE
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/4/2012 7O Adopted P

Infrastructure and Land Use Committee 11/15/2012 1F7 SUB Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson relinquished the Chair to Vice Chairwoman Jordan. Vice Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after on one appeared wishing to speak. Vice Chairwoman Jordan opened the floor for questions or comments from members of the Board. Commissioner Barreiro observed that food trucks were very popular. He asked whether the Board would be hindering their operations by adopting these regulations. Mr. Eric Silva, Assistant Director, Development Services Division, Regulatory and Economic Resources, noted this item was the re-authorization of an ordinance that was adopted last year. He said that the department was required to submit a re-authorization in 18 months. He stated that this item proposed four minor changes to improve it. Hearing no other questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

County Attorney 11/2/2012 Assigned Abbie N. Schwaderer

County Mayor 11/2/2012 Assigned County Attorney 12/4/2012
REPORT: REVISED RER (SUB TO LEG# 121945) (ASST. COUNTY ATTY: ) (ILUC 11/13/12) (BCC SPONSOR: CMSR EDMONSON)

County Attorney 11/1/2012 Assigned Mayor
REPORT: Item returned to agenda office

County Attorney 11/1/2012 Assigned Abbie N. Schwaderer

County Mayor 11/1/2012 Assigned County Attorney 12/4/2012
REPORT: RER (SUB TO LEG# 121945) (ASST. COUNTY ATTY: ) (ILUC 11/13/12) (BCC SPONSOR: CMSR EDMONSON)

County Mayor 11/1/2012 Assigned Jack Osterholt 11/1/2012 11/1/2012

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-13 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REAUTHORIZING AND AMENDING THE PROVISIONS REGULATING MOBILE FOOD SERVICE OPERATIONS SPECIAL EVENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 33-13 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-13. - Unusual uses.

* * *

(h) Mobile Food Service Operations Special Event (MOFSE). Special event consisting of a concentration of Mobile Food Service Operations shall be permitted without a public hearing provided:
(1) The MOFSE shall:
(a) Be limited to one (1) MOFSE per week >>not to exceed three consecutive days at a given site,<<[[at the same location per calendar year,]]
(b) Be permitted to operate in properties in commercial, industrial, urban center districts, [[and ]]GU (where trended for industrial or commercial use) zoning districts >>and in residential zoning districts on properties having a current Certificate of Use and occupancy as a museum, hospital, school, government facility or church<<.
(c) Operate no later than 10:00 p.m. on weekdays, midnight on weekends, and 1:00 a.m. on weekends in industrial areas where there are no residential areas within one thousand (1,000) feet. Up to four days per year, a MOFSE may operate until midnight on a weekday, provided that it occurs on a holiday, and provided that these four dates are included as part of the schedule of events provided in the application and are indicated on the Certificate of Use.
(d) Not permit the sale of alcoholic beverages.
>>(e)<<[[(f)]] Obtain a building permit from the Building and Neighborhood Compliance Department in the event of erection of temporary structures or stages.
(2) A Certificate of Use shall be obtained for each MOFSE site on an annual basis.
(a) A Certificate of Use (CU) package for MOFSE sites shall be obtained, completed and submitted to the Department of Planning and Zoning. The completed package shall include all of the following:
(1) Notarized letter from property owner of record authorizing the MOFSE described in the application package and designating a MOFSE Coordinator and an alternate.
(2) Written waivers of objection from eighty (80) percent of the owners or residents of residentially zoned properties within one thousand (1,000) feet. The Director shall not count unoccupied properties in calculating the eighty (80) percent.
(3) Schedule of events.
(4) Notification and sign-off from Miami-Dade Police Department.
(5) A traffic safety and security plan.
(6) Narrative from applicant describing the hours of operations, estimated public attendance, and description of any other amenities provided.
(7) Copies of State licenses of each of the individual Mobile Food Service Operations participating.
(8) The maximum number of individual Mobile Food Service Operations which may be present at the MOFSE. This maximum number shall be indicated on the Certificate of Use.
(9) Site plan or survey indicating the following, which shall consider the MOFSE's estimated public attendees and the maximum number of individual Mobile Food Service Operations:
(a) General placement of the individual Mobile Food Service Operations.
(b) Location of refuse facilities, if not hauled away by the individual Mobile Food Service Operations.
(c) Location of sanitation facilities.
(d) Location of on-site and off-site parking areas.
(e) Lighting fixtures, if applicable.
(f) Rights-of-way, internal circulation and ingress and egress.
>>(g) Class A (temporary signs) shall meet the requirements for special event signage. Location, number and size shall be indicated on the site plan.<<
(b) If it is found that the MOFSE is operating in manner not consistent with the representations made in the application package provided to the Department or that the MOFSE coordinator fails to comply with the provisions of Section 33-13(h)(3), the Director shall have the authority to revoke the CU immediately.
(3) MOFSE Coordinator. The designated MOFSE Coordinator or alternate shall:
(a) Assist in the placement/positioning of individual Mobile Food Service Operations in a MOFSE.
(b) Maintain for inspection at MOFSE site all pertinent documentation provided by the individual Mobile Food Service Operations such as proof of licensing and insurance.
(c) Assure compliance with hours, clean-up and other CU requirements.
>>(4) MOFSE located at County parks, sports stadiums or racetracks during events shall be exempt from the requirements of this Section but must otherwise comply with all other applicable requirements in this Code.<<


Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

>>Section 4. The sunset provision contained in Ordinance 11-32 is hereby repealed.<<

>>Section 5.<<[[Section 4.]] This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:
To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Proposed Zoning Ordinance Reauthorizing and Amending the requirements for Mobile Food Service Operation Special Event

This substitute ordinance differs from the original in that the body of the item includes a section which repeals the sunset provision of Ordinance No. 11-32 to allow for the reauthorization of the regulations as referenced in the title of the original item.

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the attached ordinance reauthorizing and amending the requirements for Mobile Food Service Operations Special Event.

Scope
The proposed ordinance applies to the unincorporated areas of Miami-Dade County.

Fiscal Impact/Funding Source
The proposed ordinance creates no new fiscal impact on Miami-Dade County.

Track Record/Monitor
Eric Silva, Assistant Director for the Development Services Division of the Department of Regulatory and Economic Resources (RER), will be responsible for the administration and implementation of this ordinance.

MANAGER'S BACKGROUND
Background
On May 17, 2011, the Board of County Commissioners adopted Ordinance No. 11-32 which provided for the operation of food truck round-ups (Mobile Food Service Special Events) in the commercial, industrial zoning districts as well as limited uses in the residential zoning districts. The ordinance contained a sunset provision which indicated that the regulations shall stand repealed 18 months after adoption unless reauthorized by the Board. Further, at adoption, the Board directed the administration to compile a report on the implementation of the regulations within one year following the effective date. The initial Sunset Review Report was distributed on June 19, 2012. Attached is an updated version that provides the information necessary to allow the Board to consider the reauthorization of Board Ordinance No. 11-32.

During the drafting of the attached report, feedback was compiled from industry representatives, the Zoning Permitting Division of RER and the Miami-Dade Police Department to identify issues encountered in the implementation of the food truck provisions. Feedback focused on two main areas: regulations and permitting requirements. To address the feedback related to permitting, staff from the RER and the Water and Sewer Department reviewed the permitting procedures and found opportunities to streamline the permitting process, thereby resulting in a reduction in the permitting time and cost. To address the feedback related to the regulations, the proposed ordinance contains the following amendments to the current regulations:
* Limits the number of consecutive days that an event may operate to three.
* Clarifies that events held in public parks, sports stadiums and racetracks are exempt from the mobile food service special event provisions.
* Expands the districts where food truck round-ups are permitted to include residentially-zoned properties with occupancy as a school, church, museum, government facility or hospital.
* Requires special event signage to be indicated on the site plan submitted as part of the Certificate of Use application.

It is recommended that the Board reauthorize the provisions of Ordinance 11-32 to allow for the continuation of the food truck special events. The provisions of the food truck round-up ordinance provide greater flexibility for food truck special events than is otherwise permitted by the Zoning Code.




_________________________
Jack Osterholt, Deputy Mayor



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