TO: Honorable Mayor & Members of the North Port Commission
FROM: Jason Yarborough, ICMA-CM, Interim City Manager
TITLE: Ordinance Number 2021-09, An Ordinance of the City of North Port, Florida, Amending Section 34-55 of the Code of the City of North Port, Florida, Relating to Mobile Food Vendors and Ice Cream Trucks; Amending Appendix A - City Fee Structure; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
Continue Ordinance 2021-09 to a second reading on January 26, 2021.
Recommended Action for Second Reading: Approve Ordinance 2021-09.
Background Information
During the City Commission Regular Meeting on June 23, 2020, staff was directed to review City-owned property allowing mobile food vendors onsite. The City Manager stated that additional lots could be reviewed and added in conjunction with edits being made from changes in the Florida State Statutes. Staff has prepared a draft Ordinance based on the direction given by Commission to amend the Unified Land Development Code to reflect the following:
(1) Additional City-owned lots to be permitted for use by mobile food vendors;
(2) Removal of any language requiring a separate license, registration, or permit other than the license required by Section 509.241 of the Florida Statutes per Florida Statutes 509.102 (2).
Ordinance 2021-09 has been reviewed by the City Attorney and is legally correct as to form.
Added for Second Reading:
The First Reading of Ordinance No. 2021-09 was presented to the City Commission during their Regular Meeting on December 8, 2020. The City Commission provided direction to review the City of North Port Site Management Agreement for Warm Mineral Springs for the possibility of allowing mobile food vehicles onsite. The City Attorney has reviewed the City of North Port Site Management Agreement for Warm Mineral Springs and has determined that the Managing Party has exclusive rights for food service on the premises, including in the parking and open area located outside the park entrance.
Direction was also given to research allowing mobile food vendor vehicles to park onsite for periods longer than the currently permitted 24 hours. Staff has researched this option and does not recommend permitting mobile food trucks to park overnight onsite for the following reasons:
1. Code Enforcement: Tracking the time-period mobile food vendor vehicles are onsite becomes difficult making enforcement of any parking violations cumbersome for the City’s Code Enforcement Division of the Department of Neighborhood Development Services.
2. Safety Hazards: Allowing mobile food vendor vehicles to stay on the premises for an extended period of time creates a public safety hazard due to the propane and other chemicals that many of these vehicles must store for operational purposes.
3. Vandalism and Theft: The mobile food vendor vehicles pose an increased threat of vandalism and theft when left unattended onsite due to their internal storage of expensive equipment. Additionally, the parking overnight of the mobile food vendor vehicles would be considered outdoor storage in many Zoning Districts which is specifically prohibited.
Strategic Plan
To provide exceptional service to our entire community for the continuous enrichment of quality of life.
Support the development of a quality workforce and strong labor market.
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Ordinance 2021-09 for Second Reading
2. Ordinance 2021-09
3. Mobile Food Vendor Map
4. City Park Mobile Food Vendor Review
Prepared by: Tom Sacharski, Planner I
Nicole Galehouse, AICP, Planning & Zoning Manager
Department Director: Juliana B. Bellia, Acting Assistant City Manager