Broward County Commission Regular Meeting


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AI-16635 35.       
Meeting Date: 05/06/2014  
Director's Name: Cynthia Chambers
Department: Environmental Protection Division: Planning & Development Management

Information
Requested Action
MOTION TO DISCUSS whether the Board supports directing staff to work with the Office of the County Attorney to draft an Ordinance amending Chapter 39 of the Broward County Code of Ordinances to permit mobile food units, including accessory outdoor grilling, to stop, stand, and park on a plot of land located in the Central County Community Overlay District and zoned B-3, Intense Commercial Business District, for the purposes of selling food products. (Commission District 9)

ACTION:  (T-10:58 AM) Following discussion, the Board provided direction to the Office of the County Attorney to draft an Ordinance  amending Chapter 39 of the Broward County Code of Ordinances.  The Board clarified points pertaining to the Certificate of Use renewal being 3 to 4 years and permitting outdoor grilling for units that are “stationary” mobile food units. (Refer to minutes for full discussion.) 
Why Action is Necessary
Input is requested concerning whether the Board supports directing the Office of the County Attorney to draft an Ordinance amending the Broward County Code of Ordinances (Code.)
What Action Accomplishes
Provides direction to staff concerning whether the Board supports directing the County Attorney to draft an Ordinance amending the Code.
Is this Action Goal Related
Previous Action Taken
None
Summary Explanation/ Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND REDEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.  

On December 10, 2013, Board Agenda Item 59, seeking Board approval of a Motion to Direct the County Attorney to draft an Ordinance amending the Code, was deferred to January 7, 2014, with the Board requesting the following be provided (Please see Exhibit 1):

1. Comparison of other municipal food unit regulations, both mobile and stationary.
2. Letters of support from other businesses in the Central County Community.
3. Indication of whether the proposed regulations would be applicable to more than one location.

On January 7, 2014, Board Agenda Item 26 was withdrawn by the Sponsoring Commissioner.

Before and since the above referenced December, 2013, and January, 2014, agenda items, staff has issued and is processing “Notices of Violation” regarding unpermitted mobile food unit uses in the Central County Community. Please see Exhibit 2 for a photograph of the type of food units which are the subject of this issue. At this time, staff seeks direction from the Board as to whether a Motion to Direct the County Attorney to draft an Ordinance amending the Code is supported by the Board so that staff can communicate such to the Central County Community.

As additional background, at its October 16, 2013, meeting, the Central County Community Advisory Board voted to recommend that the County Commission consider allowing mobile food units in the B-3 Intense Commercial Business District located in the Central County Community Overlay District (see Exhibit 3). The Advisory Board recommended that any proposal be generally consistent with the draft language discussed at the Advisory Board meeting of October 16, 2013 (see Exhibit 4), with accessory outdoor grilling also to be permitted, and deleting reference to a five-year limit for renewal of a certificate of use.

Currently, mobile food vendors are prohibited from stopping, standing, and parking within the Central County Community. The Advisory Board’s discussion of the referenced issue included input from representatives of an area-based mobile food business which desires to legally locate in the Central County Community. If the Code is revised to permit mobile food units, such use would still be subject to meeting all applicable site plan requirements, including, but not limited to, land development, zoning, landscaping, building, and fire codes.

If the County Commission supports a “Motion to Direct,” the County Attorney’s Office would prepare a proposed revision to the Code. Any proposal would be coordinated and evaluated through appropriate County staff, including the Environmental Protection and Growth Management Department and the Office of Economic and Small Business Development.  The intent would be to share the proposed Code revision with the Advisory Board before requesting Board action.

Fiscal Impact
Fiscal Impact/Cost Summary:
No fiscal impact for this item
Attachments
Exhibit 1 - Add'l Info from Jan 7, 2014 Agenda Item
Exhibit 2 - Photograph of Type of Food Unit
Exhibit 3 - Action - 10-16-13 Central County Community Advisory Board
Exhibit 4 - Backup Materials - 10-16-13 Central County Community Advisory Board


    

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