MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS MEETING MAY 1, 2017 ANNEX COUNCIL CHAMBERS 5: 30 PM
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1 MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS MEETING MAY 1, 2017 ANNEX COUNCIL CHAMBERS 5: 30 PM The Community Redevelopment Agency met in a members and staff present: regular session with the following Destin Community Redevelopment Agency Board Chairman Parker Destin Boardmember Cyron Marler Boardmember Tuffy Dixon Boardmember Jim Foreman Boardmember Rodney Braden Boardmember Prebble Ramswell Boardmember Chatham Morgan City of Destin Staff CRA Executive Director Carisse LeJeune Public Information Manager Doug Rainer Community Development Director Karen Haynes CRA Development Manager Steve Schmidt Finance Director Bragg Farmer City Clerk Rey Bailey City Engineer David Campbell IT Manager Webb Warren Land Use Attorney Kimberly Kopp City Attorney Jeff Burns CALL TO ORDER AND PLEDGE OF ALLEGIANCE May 1, CRA Board Chairman Parker Destin called the meeting to order at 5: 30 p. m. on 2017, in the City Hall Annex Council Chambers. APPROVAL OF MINUTES 1. Request approval of minutes of February 6, 2017 CRA Board meeting Motion by Boardmember Dixon, seconded by Boardmember Marler, to approve minutes of February 6, 2017 CRA Board meeting Destin, Marler, Foreman, Dixon, Ramswell and Braden voted" yes") passed 7-0 ( Board members Morgan, PUBLIC OPPORTUNITY TO SPEAK ON CRA BOARD PROPOSITIONS NEW BUSINESS 2. Proposed ordinance implementing standards for mobile food vending The CRA Development Manager Steve Schmidt explained that the draft ordinance sets out the operating standards for mobile vending in the City; general food trucks. It does not apply to those tables, mobile vehicles, food trucks and trailers covered under a special event permit, such as the Seafood Festival or the Arts Festival. Special events permits are not addressed in this ordinance and are being addressed under a separate ordinance. It was crafted with the help of the Harbor CRA Advisory Committee. It will also be presented to the Local Planning Agency for recommendations and subsequently to the City Council for approval. Ms. Erin Peterson, a food truck operator on the harbor, provided the following comments and questions relating to the different sections of the proposed ordinance:
2 Section Definitions: Class `B' MVU includes all MVUs that are either greater than 7feet in height or in excess of 72 squarefeet in operating area, or both. " MVU, long term includes anyfood truck or trailer which has the permission ofthe property owner to operate its business and maintain its location on a commercial property for the purpose of vendingfood or drink intendedfor human consumption for a period oftime exceeding three day, but not more than a year. " How can the City dictate how long MVU can be stationed on private property? Is Wine Not( food truck) both a" Class B MVU" and an MVU, long term? Section Permit not transferable No permit issued under this article shall be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the onefor which it is issued. " All other State of Florida licenses are transferrable under new ownership. AB& T, mobile food vending permits and City of Design BTRs are transferrable to new owners as long as the business in in compliance. It greatly restricts the ability to market and sell the business should they decide to sell it. The BTR is only good for one year so any new owner would need to acquire the BTR, and in turn the permit Section Zoning districts The permitted area for operation of a MVU, long term or a portable building shall be entirely located within the,following zoning districts: SHMU, CMU. The operating area of all other mobile vending units shall be entirely located within the following zoning districts: NHMU, Commercial Trades and Services ( CTS), IN, INST, Residential Office and Institutional General Development( ROI-GD). " Where are these zones? Where are the maps? Need to associate an exhibit Portable building is referenced in this section. Kiosks are in the definitions. Are portable buildings being held to these business- oriented specifics within this ordinance also? Section Location Criteria Maximum Dimensions. An MVUshall not exceed 10feet in width by 40feet in length. " Does this mean the " base" size of the truck cannot exceed 10' x40'? It needs to be more specific. Page 2 of 5
3 Private Property. Tents, canopies and tables shall not be allowed to operate on private property unless authorized under a special event permit" Where is the events permit referenced? Other City sites have been searched and it is nowhere to be found. Are the events held during the summer at Harborwalk Tuesday parades, Thursday Heroes Celebration and Saturday concerts require to pull this permit? It will be a problem if tents are not allowed during these events A Class `B' MVUshall be allowed on all sites greater than one-half acre in size. No more than one MVUper one- halfacre shall be permitted, up to a maximum offive. In the NHMUzoning district, no more than one MVU per 100,feet ofwaterfrontage shall be allowed, with a maximum of 5 MVUs per qualifying property" Statement needs clarity. Is it no more than one per. 5 acre or no more than one per 100' of water frontage? The language" one per half acre" appears wrong. Some MVUs are grouped together Section Display No merchandise or signage ofany sort may be placed upon the harbor boardwalk. " Need to define with exhibit. Harbor Boardwalk is along water' s midway below the hill where most of the MVUs sit edge; not the Section Prohibitions Advertisements. Vendors shall not make loud noises, use mechanical audio, noise-making devise), moving objects, or lighting systems to advertise their product. " Is the City of Destin gong to impose these same restrictions on all other businesses with the City? It would be discriminatory to regulate the manner in which a business can promote and advertise to their customers in one area but not apply that regulation across the board to other businesses within the area. This is way to vague and over reaching and should be stricken. Businesses should be held accountable within the current signage and noise ordinances on the books. They have zip line towers with moving lights, rock walls with integrated lights and sound, stores that sell blinking light up toys with sound. No MVU shall be left unattended. " What about for long-term MVUs being left at night and over winter months? Freestanding signs, flags, banners, tents, tarpaulins, or canopies shall not be allowed in connection with an MVU All awnings shall be attached to the vending vehicle/ equipment. " Need to clarify that `portable signs' are permitted( i.e., sandwich boards) Page 3 of 5
4 Live entertainment, defined as performances, shows or other.forms of entertainment consisting of one or more persons amplified or non- amplified music or other related sounds or noise including but not limited to entertainment provided by musicians, disc jockey, master of ceremonies or karaoke shall not exceed 60 decibels as a distance of 10 feet from the sources as measured by a sound level meter. " Are all other non-mw businesses in the Festive Market place regulated this way when it comes to music/noise? If not, it would be discriminatory to have a different standard for MVUs than other businesses within that district or the City of Destin limits. Need to strike and use current code for business Section Enforcement Denial/Suspension/ Revocation: Any permit issued pursuant to this article may be administratively denied, revoked, or suspended by the Cityforfailure to satisfy the requirements for permitting orfor violation by the owner ofthis article. " Is this suspension/revocation right away, or is there a compliance period? If there is a compliance period, how does that process work? Why is it not outlined? The CRA advisory committee finds it appropriate to give some reasonable amount of time to correct any violations? Mr. Brandon Brooks, a Destin resident and business owner, stated that the food trucks he sees are not on the boardwalk; and that from his perspective, the boardwalk is clear of mobile vending, tables and tents. Boardmember Braden asked if this proposed ordinance will affect the ice cream truck operators in the City. Mr. Schmidt noted there is currently an ordinance on the books that precludes any mobile vending in the City without an application for development order. He continued this ordinance provided grandfathering for one ice cream truck operator that was in operation at the time the ordinance was adopted. They will be viewed as short term mobile vending operation. He added that in conjunction with this ordinance they would have to modify the Land Development Code LDC) to codify the zoning areas in which the mobile vendors can operate; and modify the provisions of the existing ordinance and LDC as necessary. Chairman Destin stated he would like to see a language that guarantees grandfathering status will be maintained. Boardmember Ramswell noted that Section Zoning districts of the proposed ordinance is both confusing and redundant, and asked that it be reworded and clarified. Boardmember Ramswell also noted that Section expressly allows tents and canopies; however, Section ( b) and ( c) disallow them. Page 4 of 5
5 Mr. Schmidt clarified that Section allows tents and canopies on auto and car washing businesses; but they are not allowed in the Festive Market Place outside of a special event permit. He continued that most food trucks have attached canopies which they could roll out; however, they are not allowed to set up a pre-standing canopy. Boardmember Ramswell asked if the City could dictate how long a stationed on private property. food truck can be The CRA Executive Director noted they regulate private property all over the City. They regulate what they do and how they do business. Mr. Schmidt clarified they are not saying vendors can only operate on private property for one year. The permit is only good for a year; and that it would not make sense to sign up for a 5 year lease when they are only guaranteed an annual permit. They would need to do a year to year lease. Boardmember Marler wants to make sure the proposed ordinance will not affect the property owners who put out tables and chairs for the convenience of their customers. Mr. Schmidt noted this is strictly for mobile vendors. It is not dictating to the property owner that already has tables and chairs out for the use of the public. Boardmember Dixon suggests they continue this item to the next meeting. Boardmember Foreman recommends incorporating matrix/table that shows which use each zoning district allows into the proposed ordinance. Boardmember Ramswell asked staff to review the comments and written documents provided by the public. ADJOURNMENT: Having no further business at this time, the meeting was adjourned at 5: 58 PM. ADOPTED THIS 5TH DA OF JUNE 2017 By: ATTEST: arker Destin, Chairman Rey Bailey, City Clerk Page 5 of 5
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