Planning & Zoning Board - Regular Meeting

Hey good evening guys. What?

Kennedy Boulevard District KBD of the Village Unified Land Development Code to provide for extensions of approvals of temporary structures, providing for survivability, providing for codification, providing for conflicts, and providing for an effective date.

IT may have permission to share my screen, please. Thank you.

Happy belated birthday, Mayor. I see you had a birthday last month. Oh, you're so kind.

Oh, I can't see that far over the seven cents.

All right.

Okay, good evening, board members and chair and vice chair. Craig Pinder, Village Planner with North Bay Village. And this evening, the amendment before you is the text amendment for the temporary structures, specifically making text amendments to the food truck regulations. So on the screen before you now is the language as it exists now within the gray box on the screen. So the proposed amendment, as I mentioned, is to chapter 15 of the farm-based code, section 15.3.C.82F. The current regulations for food trucks and other temporary truck structures may be approved for six months through the warrant process. And it may also be renewed up to two additional times for six months each for a maximum of 18 months. And then there's the provision for temporary sales centers, which allows 12-month approval periods and a maximum of 36 months through extensions or renewals. On the screen now is the amendment, and the amendment is shown in red and underlined. And there's a small change to the temporary sales centers, which seems to be more of a Scrivener's error. We're removing time after two additional time. Looked like it should have stated up to two additional 12-month periods. And then we have the new amendment with the food trucks. So with the food trucks, the approval will remain at six month approval periods. It allows administrative flexibility for additional six month approval periods at the discretion of the village manager, as long as the food trucks continue to comply with all code regulations and requirements. And it improves the structure of the code itself by creating the subparagraphs for both exemptions. And it removes discriminatory errors, as I mentioned. So this is consistent with the North Bay Village 100 Master Plan. It improves the quality of life by identifying opportunities to our community service amenities and places for social interactions. It promotes in a focused manner concepts of temporary and incremental activation of spaces through allowing the temporary structure. And Through the adoption, sorry, of the ordinance number 2023-13, which was the original ordinance to allow temporary structures within the T6 zoning districts, the village recognizes the transformation of 79th Street corridor is a long-term process and temporary activations can encourage more activity in the heart of the village. So SAP recommends that the Planning and Zoning Board forward this item with a recommendation of approval to the Village Commission. And if you have any questions, I am available.

Did we make this motion or ordinance changes?

So the change came directly from the village through the village manager to find a way to really allow an extension for food trucks to be able to be renewed for additional six-month periods. But now they're limited to the 18-month maximum. And we wanted to keep language or create language that allowed it to be extended but not guarantee an extension. So as long as the food trucks continue to comply with regulations and it isn't creating any sort of issues, then it can be renewed for additional six-month periods.

Does this create more paperwork every six months rather than it just being like once a year for two and two additional years, just like the temporary structure? I mean, they still have to comply with code. Code can still drive around and, you know, write them citations. So why not just be the same?

So we can do it. We went through a little bit of that discussion. I'll let the village manager speak to it as well. But the intent was to remain pretty consistent with the approval for the other temporary structures as well to not change it too much. For a sales center, they typically have more improvements like landscaping. The trailer that they use is typically designed a little bit better, whereas the food trucking can move around. But to your point, yes, it would still be the same amount of paperwork that we're doing now.

have to do more paperwork every six months that's every six months so right now every six months they come in for renewal it's still the same amount of paperwork so that same process will continue yes so let me ask just one question so i understand this are you basically saying that a food truck can operate for about two years or three years and then after that that food truck can't operate here anymore

So no, what this language is doing currently right now is saying that a food truck can operate for up to 18 months maximum. What this language is doing now is allowing for additional six month approval renewal periods above that 18 month maximum.

So two years. So what happens at the end of two years?

It can go beyond the two years. So the language, if I read it for you, food trucks and other mobile food establishments may be approved for a period of up to six months, renewable administratively for additional six-month periods. subject to the sole discretion of the village manager upon a determination that the continued operation remains compliant with all applicable codes and regulations. So there isn't a cap anymore on the renewal periods. They can continue to be renewed as long as it's in compliance.

All right. So they can continue to operate here as long as the village manager you know finds them compliant correct yes that is correct because I mean most of the projects that we do are three years or more so you know I'd hate to have a food truck there and then they can't come anymore I have a question how often does oh sorry yeah but go ahead ladies first thank you how often does the village manager actually make sure that they're compliant so what's the compliance period of inspection

So right now, when it's coming in for renewal, they go through the same paperwork, the same process, and the village manager signs off on that approval after planning and zoning does the review to ensure that it's in compliance. So there's always a list of conditions of approvals that the applicant is made aware of, and it's a part of the approval process.

So if this were to pass, then every 18 months they would be inspected? Am I understanding that correctly?

I believe every six months. Every six months, okay. Mm-hmm. If there are any issues that are reported, then COVID can inspect at any time.

My question, I just want to follow up on the chair's concern about the six-month renewal. I would imagine that when you first apply, you've got to provide all these kinds of information, insurance, and applications and all that. Okay. would the renewal entail the whole thing again? Or can it be a more streamlined process? And would it be, could it run? Can you apply for the re-approval? Let's put it that way, right? While you're still operating, you don't have to stop until that's approved again. So let's say you're on your fifth month and it's coming off renewal. You can put it, if you decide to stay, you can put in the renewal on the, for two weeks prior to the expiration and there's no disruption in service. Correct. Do I understand that correctly or do they have to wait until it's expired to then apply?

No, the intent is for the renewal to be rolled right. Exactly. And we're currently doing that with the Yellow Food Truck. So the approval went through just this past last week. But the the period didn't extend to based on the approval date so it was rolling so essentially they got their approval and the delay was simply because of um some communication on their end with the property owner and it will actually expire next month so the period still continued but even though yeah does the village have discretion as to whether approve a renewal or not or or

Is it automatic?

No, it is at the discretion of the village manager. Yes, absolutely.

So in other words, if a food truck, for example, is compliant with all codes, but it would be a nuisance in some other way, that it's not on the code, and the manager decides to, hey, I don't want these people here anymore. It's a no-cost type thing. You can tell them your periods expire, your six months are up, and you're out. without cost for that can happen.

Exactly. And that was another reason to keep it at the six month approval periods as well. Since food trucks are very mobile in operation, they're not fixed. So if it becomes a real issue, then once that period is expired, it doesn't guarantee renewal.

One last question. This is only authorized on the causeway or for the food trucks? I know they're mobile. They can... Where would this be authorized? Where would they be authorized to operate?

So within the T6 zoning districts? Right, yes. Only within the T6 zoning districts. And of course, they have to come in for approval as well.

Okay.

Well, I make a recommendation to approve the ordinance.

I'll make a second.

All right. All in favor? Aye. Aye. Let me call a roll. This is an ordinance.

Board Member Murphy?

Yes.

Board Member Abramson? Yes. Board Member Lozada? Yes. Vice Chair Gonzalez? Yes. Chair Shaw? Yeah. Motion carries.

Okay. Do we have anything else we need to discuss or need to know about or want to hear about?

May I take a point of privilege?

Absolutely. I don't know what that means, but go ahead. I didn't go to law school.

Next week at 6 o'clock Thursday, we're having a stormwater workshop here also via Zoom. If you guys can help encourage your neighbors and for you guys to attend, I'm feeling... a lack of public participation on some really important things, and I need some feedback from my neighbors about our infrastructure. So it's a commission workshop. I've guilted the dais for the last three months to please, please, please be at this workshop.

Next Thursday night?

Thursday at 6 o'clock. There is a... flyer about it that I'm just resharing to my Instagram and we will reshare it. There's a Zoom link. Is there an agenda, Alba, on the clerks? There is. Okay. So there's a Zoom link on the website where you would normally find the Zoom links. But yeah, I really want members of the public to come hear the information because the commission is getting updated, like in the weeds, big, big debriefing on what's been going on with the stormwater master plan. And A little birdie who I meet with on a regular basis told me that we're going to have some pretty big updates.

And I think where the bond was to raise the roads. Yes, sir. That's correct. All right. Awesome. Fantastic. Yeah. What time is it?

Six o'clock on Thursday, the 13th. Right here. Right here. You're home away from home.

Is this just stormwater?

That's the question, Mr. Murphy. Look at you hitting the nail on the head. No, it's roads. We know that it's roads, but sewer. The question is, is it sewer? Yeah, and no one's talking about this, but what about undergrounding, right? You know, that's no... The poles, the wires. Well, it would be a dramatic expansion of investment. So the undergrounding is less necessary than the sewer. The sewer is really the important conversation, in addition to progress on the stormwater and the roads.

Here's something.

Just light work.

How does it get paid back by the property tax money, right?

Yes. So you have we have two separate rates that you are taxed at our regular ad valorem taxes. And then we have a debt millage, which is much, much, much lower than your regular ad valorem. And so the debt millage is the portion of your taxes that goes to our debt.

So I read an article because they're trying to do the little gated thing on North Bay Road over there.

Yes.

And so one of the residential real brokers, one of the top ones said if they did that, it would raise the property values from 10 to 20%. So it might be an idea to maybe gate off some of Treasure Island roads and that would raise the property values even more because obviously the sewer is going to create more value after it's done. And then you gate some of those roads off and now you've got another gated community on North Bay Village. It would be fantastic.

I appreciate your comments. You are not the first person to suggest such a thing. But if you want to talk about historic issues that pop up from time to time in this community, gating off particularly the single family area of Treasure Island. It comes up just perennially every couple of years. Former North Bay Village Mayor Joe Geller, our current school board member, told me that this issue came up when he was the mayor. And it came up, Sherry's here. I mean, Sherry and Ceci, took some pretty proactive steps reached out to the county to understand you know how that process works and what it would require i don't know if she wants to weigh in but me we didn't get very far

yeah um i mean basically i think that we needed something i might have my info a little wrong but we need to like three quarters of the people who live within a certain boundary to agree and i don't know it's a little bit of a run around and it didn't seem like there was support at the time but i'd love to revisit it

Yeah, it requires petitions. People have to agree to be taxed. And then the county has to do a traffic analysis, which to me would be such a nightmare. So, yeah, it doesn't seem logical to me as just like I tend to be a kind of practical, pragmatic person. And, you know, we've got we're spread pretty thin trying to figure stuff out. But anyway, not shutting the door Thursday.

I don't mind opening the door on that one again and just kind of sitting down for another meeting. I mean, it was just on the phone or meeting, so I don't mind doing that again.

Okay, so Thursday, tell your neighbors, especially you, Sherry, you should go tell all your neighbors. It's very important.

I think my neighbors are sick of me, Ryan.

Anybody would be sick of you, Sherry.

That's all.

That's all I wanted to say.

Can I ask just one question?

Yes, you may. The city is having a luncheon for veterans on Veterans Day across the street. Is it just for veterans or are we allowed to bring people?

The latter. Please bring whoever you want. Within reason.

And by the way, thank you to Dr. Cervone. From what I understand, he's paying out of pocket for that luncheon.

Yeah. Thank you to Dr. Cervone. I didn't know that.

So within reason. Yeah. Can I bring my wife, Alba, or no? No.

Ooh la la.

I'm going to defer these questions to the village manager.

Frank, is that right? I didn't know Richard was paying for it.

Yes, you can, and they've asked that you make a reservation. There's a flyer out.

I made a reservation with Jessica.

I think you can bring a guest is the idea.

Awesome. It didn't say whether we could or we couldn't. No. Hello? Hello, Rabbi.

Rabbi! Hello! We were about to adjourn.

It's adjourned?

No, we're going to do public... Brian, you've got to... Your lawyer has to say something.

Oh, on the... Yes, on the... rabbi come please just state your name and where you're from

My name is Rabbi Faivish Mordechai Dauphin. I'm a resident of North Bay Village for over 20 years, a proud resident. And I came to speak on behalf of the truck, the food truck here. But if you allow me for just one minute, I really want to express my gratitude and my appreciation for all of you and the police force Because it's just such an amazing feeling to be a proud citizen and resident of this community, of this city. I have so many good things to say about the people who work here. Just even the people who work in the sanitation, they're just very helpful. Any day, you just feel the warmth and the camaraderie. I feel it, maybe because I give off that vibe, but I just feel the feedback. I just was walking right over here in the parking lot. And I see two police, a man, a police man, a police woman walking the dogs. And they say, good evening. How are you? So nice. So friendly. This is very special. It is. I have to tell you, and you people right here, all of you, are the ones who set the tone for the rest of the faculty, including the chief of police and the deputy and the city manager and the code enforcer. All of you, you're good people. Frank, who... is a very important person in the city, city manager. He had the courtesy to invite me. And I just want to say one minute that on behalf of the food truck, that it's not just for the Jewish community, it's also for everyone. It brings warmth and happiness And it's a very good service for the community. People just like to hang out and come around and feel that there's something happening. And it's a good thing. It's all positive. Of course, for the Jewish people, it's very important because they have to eat kosher and, you know, it makes a big difference. It makes life easier. So I want to thank all of you for enabling this to happen. I know there are rules and regulations and policies. Whatever you can do to accommodate us, we appreciate it. Thank you very much.

Thank you. Thank you, Rabbi.

Thank you. Those are very nice things to say.

Do we have a kosher food truck? It is. There is one, yeah. Wow, I'm impressed.

Where are the hours of operation on that food truck?

It starts about 3 o'clock. 12 o'clock at night.

Okay, 3 to 12.

Monday through, seven days a week? Except Friday night. Okay, except for Friday night. Friday and Saturday. But they open Saturday night. And many people Uber, you know, Uber, they order the food.

So Mayor Streitfeld wants us to promote Thursday, and we're going to promote also on top of that your food truck. Absolutely.

And if you allow me to ask to invite you for the Hanukkah, we always have a Hanukkah party. And Frank always arranges the menorah by our place. So usually I get an email about when we should do it. This time I didn't hear from anyone. Who's going to help out? Who's going to take charge?

We got it. We got it. We got it.

Yeah. Fantastic. Thank you, Rabbi. Thank you for the reminder, Rabbi.

Thank you for the reminder.

Thank you. Thank you. I appreciate it. Good night. Good evening. Thank you. Have a great evening. Thank you.

I have one more question. My understanding is that you're going to eliminate the city garbage trucks and hire trucks from the outside because we don't have anywhere to put them. Is that correct? That is not correct. Okay, good. Because the people that pick up the garbage right now are some of the nicest people I've ever seen in any community. I mean, they go overboard to help everybody. So I would be disappointed to see them leave and another company come in. That would be disappointing.

so you're in the process yeah so so the like those are our guys they're our staff um and and this this administration we we really are doing our best to treat people like family yeah right so i'll say that first and foremost What we do about solid waste is going to be a public conversation because we have some challenges. There are some contract amendments. There's all kinds of sort of things that we need to revisit about solid waste management. because it's a significant expense for us, but it also is a significant revenue stream for us. So we want to want to have some public conversations about that and frank and our capital uh our public works team have scheduled a workshop for february or january mayor we we have a workshop scheduled for january 22nd january 22nd okay okay so very very important public workshop about solid waste And there will be multiple workshops about this. So no decision has been made. But we are starting a conversation.

Good to hear. I would hate for these guys to go.

I think part of the intent, if we do go that way, is that the employees that we have, we're going to keep in public works. Because we've got plenty to do. And the city is growing, and they're good people. And so we're not looking to, you know, a lot of times when these things do happen, and they may have to happen with us, we'll see how the workshops go. But it's becoming more and more difficult for us to provide this service. But the idea is that we would keep our regular employees with us.

Good.

in public works good we got plenty to do here in the village good glad to hear i think there's a lot of residents that feel as strongly as paul yeah yeah i i mean i

have spent a lot of time talking to neighbors and this is, I would say top three, maybe even top two things that people really, really are passionate about and are vocal about. And I know that people are going to show up for these conversations, which is why we've been very, very, very careful not to, like try to, we didn't, we wanted to have public conversations and we want to have many of them. And we wanted to make sure we had our ducks in a row in terms of what information we have to present and like answers to the, to questions, especially in terms of realistic assessments of costs and what we've spent so that we can make a, you know, so that the decision can be informed by all kinds of things.

Thank you. Any other questions? All right. I'm going to adjourn the meeting. Everybody have a great evening.

Thank you very much, everybody.