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HomeMy Public PortalAbout14-15 Adding and Deletions to Remove Peddlers and Replace with Street Vendors1st Reading: 2nd Reading Public Hearing: Adopted: Effective Date: September 10, 2014 October 8, 2014 October 8, 2014 October 8, 2014 October 9, 2014 Sponsor: Commissioner Santiago ORDINANCE NO. 14-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, AMENDING ARTICLE VIII OF THE CODE OF ORDINANCE BY ADDING AND DELETIONS, TO REMOVE PEDDLERS AND REPLACE WITH STREET VENDORS AND/OR MOBILE VENDORS; PROVIDING FOR DEFINITIONS, PERMITS, REGULATIONS, AND REQUIREMENTS; PROVIDING FOR INCORPORATION OF RECITAL; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City requested that the City Planning Consultants, Corradino Group draft a Comprehensive Plan and new Land and Development Code to address removal of peddler and to replace with Street Vendors and Mobile Vendors to the City's Code of Ordinance Article VIII; and WHEREAS, on July 8, 2014 the request was reviewed and recommended by the Planning Council; and WHEREAS, City Commission of the City of Opa-locks desires to amend the Code of Ordinance Article VIII to remove Peddlers and replace with Street and Mobile Vendors; and NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. ORDINANCE NO. 14-15 Section 2. Article VIII, Sec. 13. 149 through Sec. 13.171, shall have the meanings ascribed to them in this section, shall be removed and replaced with the following words, terms and phrases, except where the context clearly indicates a different meaning: ARTICLE VIII. PEDDLERS STREET AND MOBILE VENDOR Sec. 13-149. Definition. Center median. Any area in the middle of any street or highway, designed to provide a barrier to keep traffic on one (1) side of the street from going to the other side of the street. A center median may be a raised concrete strip or a grass strip. City sponsored event. Any event which the city has either financially sponsored or sponsored by way of in -kind donations. Mobile food service operation. The preparation/cooking, serving and/or sale of food conducted from a portable stand, vehicle or trailer. Each such portable stand, vehicle, or trailer shall be considered a mobile food service operation. Mobile vending vehicle. Any vehicle, cart or apparatus used for the displaying storing or transporting of articles offered for sale by a mobile vendor. Mobile vendor. Any person, firm, corporation or other entity engaged in the selling or offering for sale any and all goods, wares, beverages or merchandise including specifically food or food products outdoors from a mobile vending vehicle or from his person. Mobile vendor special event. A special event consisting of a concentration of mobile vendors which have been properly licensed and permitted by the city. Mobile vendor special event coordinator. The person designated to coordinate the placement/positioning of individual mobile vendor vehicles; maintaining the inspection of the mobile vendor special event site including, but not limited to, proof of insurance and licensing; and assure of compliance with hours, clean-up and other city requirements during a mobile vendor special event. ORDINANCE NO. 14-15 Non -mobile vendor/Non-mobile street vendor. Any street vendor who operates at a set location or utilizing a semi -permanent structure, on the sidewalk, in a park, or other public right-of-way. Street Vendor. pecerAny person, whether a resident of the City or not, travelling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without travelling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, street stand, or other vehicle or conveyance, and provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler street vendor subject to the provisions of this article. The word "street vendor peddler" shall include the words "hawker," "peddler," and huckster." A mobile vendor is also a street vendor. Sec. 13-150. Permit required. It shall be unlawful to sell, offer to sell, or exhibit for sale any good or merchandise, including, but not limited to, fruit, nuts, popcorn, ice cream or sandwiches, or otherwise operate or conduct business, from any parked vehicle, cart, stand, or other apparatus, or upon any street, sidewalk, or park, in the City of Opa-locka, without first securing a permit by completing a permit application on a form provided by the City of Opa-locka and paying the necessary permit application fee as approved by the City Commission and amended from time to time. At the discretion of the City, vendors operating in a Flea Market or Bazaar as defined in Article IX shall be subject to permitting requirements as outlined in this Article. ORDINANCE NO. 14-15 Sec. 13-151. Application required. Applicants for permits under this article must file with the City Manager or his designee a sworn application in writing (in duplicate) on a form to be furnished by the - City Manager or his designee Department, which shall give the following information: Name, Home and Business Address of the Applicant (legal and local); name and address of the owner of the business or vending vehicle if the owner is not the applicant, (b) Any additional information deemed as necessary by the City of Opa-locka to complete the required background check of applicants. (c) A description of the type of food, beverage, merchandise, or service to be sold. (d) A written and photographic description of any equipment or vending vehicle to be used in the operation of the business, including a photocopy of the license and registration of the motor vehicle. In cases where the equipment or vehicle has not been acquired, a rendering of these items will suffice for the application process, provided applicant provides the licensing and registration of the vehicle, if applicable, and photographic evidence to support the submitted renderings after any conditional approval. (e) Proof of insurance, issued by an insurance company licensed to do business in the State of Florida, for all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license. Such insurance shall provide a minimum amount of coverage of three hundred thousand dollars ($300,000.00) for injury for each occurrence and one hundred thousand dollars $100,000.00) per person. The city shall be named as an additional insured. All insurance must be in a form acceptable to the city's risk management division. No material change or cancellation of such insurance shall be effective without thirty (30) days prior written notice to the city. The insurance shall include automobile insurance and comprehensive general liability. (f) The length of time for which the right to do business is desired. ORDINANCE NO. 14-15 (g) Two (2) copies of a photograph of the applicant and every person to be employed by the business in the i y City, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishable manner. Where applicable, an affidavit or notarized statement from the property owner granting the mobile vendor the right to locate on their property.No statement is necessary if the City is the owner of the property or the location is on the public right-of-way, but the City shall retain the right to approve or deny the right of usage of said location(s). (i) A health certificate, issued by the county health department, if vending food or beverage. (j) Any additional licenses or documentation required by the City of opa- Locka, Miami -Dade County, Florida State, or Federal law. (k) An accompanying application fee as denoted in the City's Schedule of Fees. Applications must be submitted at least fourteen (14) days before any special event. Sec. 13-152. Background Investigation of application. Upon receipt of such application, the original shall be referred to the Opa-locka Police Department, which shall provide a background investigation for all persons noted on the application, and shall report the results of such investigation to the City Manager or his/her designee. The background investigation shall include a national search of the list of registered sexual offenders and sexual predators. The provisions of this article shall apply to each person engaged in the activity of mobile vendor as well as business, if any, by which the mobile vendor is employed. Sec. 13-153. Disapproval of application; notice; Right of Appeal. If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Police Department shall endorse on such application their disapproval, their reasons for the same, and return the application to the Building & ORDINANCE NO. 14-15 License Development Department, which shall notify the applicant that the application is not approved and that no permit will be issued. The City Manager or his/her designee must review the reason(s) for denial before the issuance of the notification, and such notification must include the reason(s) for disapproval. (a) The denial of a Street Vendor permit is an administrative decision which may be appealed. Any person aggrieved by the action(s) of the Police Department or the Building & License Department in the denial of an application for a license as provided in this article, or in the decision which reference to the revocation of a license as provided herein shall have the right of appeal to the City Commission. Such appeal shall be taken by filing with the Commission, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal, with any applicable fees as established in the City of Opa-locka's schedule of fees. (b) The City Commission shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant via mail to the address listed on the application and postmarked at least five (5) days prior to the date set for hearing. The decision and order of the City Commission on such appeal shall be final and conclusive. Sec. 13-155. Approval and issuance of permit; records. If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police or his/her designee shall endorse on the application his approval, and provide such notice to the City Manager or his/her designee. Upon overall approval of the application, the Building and License Department shall execute a permit addressed to the applicant for the carrying on of the business applied for.- Such permit shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the permittee, the class of permit issued and the kind of goods to be sold thereunder, any special conditions of the permit, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such vending peddling. The Building and License Department shall keep a permanent record of all permits issued hereunder. Sec. 13-156. Permit fees. The fees, as presently established or as hereafter adopted by resolution of the eCity eCommission, shall be charged for permits issued pursuant to this article: If the City establishes a separate fee for annual permits, such fee will be pro -rated on a monthly basis from October first for annual permits. ORDINANCE NO. 14-15 Sec. 13-157. Permit expiration, renewal. Annual permits issued pursuant to this article shall expire on October first of each year. All other permits shall expire as provided by their own terms. Applications for renewal shall follow the same procedure as the original application. Sec. 13-158. Badges. The Planning and Community Development dDepartment shall issue to each permittee at the time of delivery of the permittee's license one (1) laminated copy of the license, and any necessary badges, which shall contain upon the badge the photographic image of the operators related to the license to be displayed, the business category(ies) of the license, the issue date and duration of the license, and the location(s) approved for vending. The City shall incorporate the processing costs of these items into the schedule of fees. Peddler-peddling Sec. 13-159. Non -transference of license. Licenses shall only apply and be usable by the specific business and individuals listed on the application. If the license lists a specific location for the street vendor's operation, re - usage of that particular space is to remain at the sole discretion of the issuing authority. Badges shall serve as identification for authorized operators and cannot be transferred between individuals. Sec. 13-160. Loud noises and speaking devices. (a) No peddler street vendor, nor any person on behalf of the vendor, with the exception of an ice cream vendor, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loudspeaker, radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such peddler licensee proposes to sell. (b) An ice cream vendor is permitted to utilize music to alert potential customers that it is in the area for the purpose of selling its product. The playing of music is only permitted during the hours of 10:00 a.m. and 8:00 p.m, and only in areas more than one thousand five hundred (1500)ft away from any Pre-K or K-12 school during school hours. The music shall not be played at a level to constitute a nuisance. ORDINANCE NO. 14-15 (c) A mobile vendor special event coordinator is permitted to have live musical performances or pre-recorded music in conjunction with the mobile vendor special event. Intent to provide live or pre-recorded music must be stated in the application package for the special event permit and must comply with the city's noise ordinance set forth in Article V of the Code of Ordinances. Sec. 13-161. Use of streets. No peddler street vendor shall have any exclusive right to any location in the public streets, , nor shall the vendor be permitted to operate in any congested area where the vendor's operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Exceptions to this provision apply in cases where the City of Opa-locka has designated a registered"stall" in the publicright-of-way. Sec. 13-162. Exhibition of permit. Peddler Street Vendor are required to visibly exhibit their permit and badge on their person and/or cart at V s w 11,:° �4.. Sec. 13-163. Enforcement by police. It shall be the duty of any police officer of the city to require any person seen peddling vending and who does not display their permit or badge, to produce such peddler's permit, and to enforce the provisions of this article against any person found to be violating the same. Special Events Vending: When requested by any police officer of the city, the mobile vendor special event coordinator can be required to produce the special event permit for the event. Sec. 13-164. Report, record of convictions. The Police Department shall report to the Building and License Department all convictions for violation(s) of this article, and the Building and License Department shall maintain a record for each permit issued and record the reports of violation therein. Secs. 13 165 13 1 .-Reser-ved . ORDINANCE NO. 14-15 Sec. 13-165 Mobile Vendor Requirements: (a) Appearance. a. All items or services to be sold from a mobile cart must: i. Be vended from a regulation size vending cart, as determined by the City of Opa-locka. Examples of such carts, with noted dimensions, shall be available for review in the Planning and Community Development Department. ii. Be easily carried or conveyed. iii. Not cause undue or offensive odors. iv. Involve a short transaction period to complete the sale or render the service. v. Display merchandise in a reasonably organized manner. Carts shall not be overloaded or disheveled in appearance. b. Advertisements on any equipment utilized by a street vendor shall be subject to regulations found in the City of Opa-locka's Signs Ordinance. c. The City of Opa-locka may require a design review to ensure aesthetically pleasing carts or vehicle are utilized. d. No vendor shall operate while intoxicated and/or be in a state of unkempt appearance. (b) No mobile vendor shall station itself upon any public street or right-of-way, or upon any private property, except with the express permission of the property owner and in a manner, which does not impede the flow of traffic on public streets or rights -of -way, nor block pedestrian access to public streets or rights-of-w y, unless participating in a City approved and permitted mobile vendor special event or a City sponsored event. (c) Under no circumstance shall a mobile vendor be deliberately emplaced so as to hinder emergency services. (d) No mobile vendor shall be permitted to operate in any congested area where the vendor's operations might impede or inconvenience the public; with the exception of those participating in a city approved and permitted mobile vendor special event or a City sponsored event. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or thepublic impeded or inconvenience. (e) No mobile vendor shall remain overnight in any one (1) site, except in the case of a special event exhibition, exposition, art show and/or festival, where they are permitted to remain on the site from the beginning to the end of the special event. In such instance, the mobile ORDINANCE NO. 14-15 vendor shall secure a special event permit permitting overnight siting, even if the vendor has a regular vendor permit. (f) All mobile vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the sale or vending transaction was conducted. Vendors are prohibited from utilizing City -owned receptacles for disposal of packing containers or boxes. (g) All disturbed areas must he cleaned following each stop at a minimum of twenty (201feet radius of the sales location (h) No mobile vendor shall wave, flag or motion to vehicles on the street. Sec. 13-166 Mobile vendor special event. A mobile vendor special event shall be permitted without a public hearing provided: (1) The mobile vendor special event shall: a. Be limitedto one (1) event per week per calendar year at the same location: b. Be permitted to operate as an accessory use to any culinary institute; c. Operate no later than 9:00 p.m., Sunday through Thursday. Up to four (4) days per year, a mobile vendor special event may operate until midnight, Monday through Thursday, provided that these four (4) dates are included as part of the schedule of events provided in the application for the permit. d. Operate no later than midnight, Friday and Saturday. e. Be permitted to operate for multiple consecutive days, provided that all dates are noted on the application. The number of consecutive days cannot exceed five (5) unless it is a City sponsored event. The City may elect to permit all or part of the dates which are applied for. (2) A special event permit shall be obtained for each mobile vendor special event site on an as -needed basis. The special event permit package shall include all of the following: ORDINANCE NO. 14-15 a. Notarized letter from property owner(s) of record authorizing the mobile vendor special event and designating a mobile vendor special event coordinator; b .Duration and Schedule of event(s); c. Notification and sign -off from the Opa-locka Police Department; d. A traffic safety and security plan; e. Narrative describing the hours of operation, estimated public attendance; and description of other amenities provided; f. Copies of state licenses and local vending license of each of the individual mobile vendors participating; g. The maximum number of individual mobile vendors which may be present at the mobile vendor special event. This maximum number shall be indicated on the special event permit-, h. Site plan or survey indicating the general placement of the individual mobile vendors; location of refuse facilities, if not hauled away; location of sanitation facilities; location of on -site and off -site parking; lighting fixtures, if applicable; and rights -of -way, internal circulation and ingress/egress; i. Whether live music or pre-recorded music will be provided during the special event; j. Any other permits, such as street closure permits, which may be required by the City for the event-, k. Accompanied by a permit fee in an amount to be the Schedule of fees. Proceeds from the permit fee shall be designated for economic redevelopment in the area where the mobile vendor special event occurs. (3) If the mobile vendor special event permit application is incomplete; or if the mobile vendor special event is operating in a manner not consistent with the representations made in the application for special event permit; or the mobile vendor special event coordinator fails to comply with any provisions of this section, the city has the authority to deny or revoke the special event permit. (4) The designated mobile vendor special event coordinator shall: ORDINANCE NO. 14-15 a. Assist in the placement/positioning of individual mobile vendors during the special event; b. Maintain for inspection at the special event all pertinent documentation provided by the individual mobile vendors such as proof of licensing and insurance; c. Assure compliance with hours, clean-up and other permit requirements. Sec. 13-167 Designation of Sites - "Stalls": The City of Opa-locka, may, at its discretion, specify specific areas where vendors are allowed to operate. These sites will be reviewed periodically, but at minimum, annually, at least 60 days before October first. The City of Opa-locka, may also, at its discretion, specify sites on a public right-of-way or publicly owned vacant lots, as a vending area "stall." Such stalls will be clearly marked and numbered, and reserved for specific vendors to which the stall is assigned, and the City shall levy a fee for rental use of such "stalls." Monies derived from any such program shall be earmarked for specific use in maintenance of the common area of the vacant lot or public right-of-way on which the stall is located, if applicable; city beautification; and redevelopment. Such stalls shall be subject to the additional guidelines: 1. If the vendor is to be absent from the stall for a period of fourteen (14) or more days, the vendor must notify the Community Development Department in advance of the date(s) of any such absence(s). The Department may then assign the space designated or reassigned during any such absence. 2. The vendor shall be responsible for the disposal of any garbage within 25 feet from the area of the stall during operating hours. 3. Such stalls shall be designated by the City as permitting mobile or non -mobile street vendors, or either. 4. Cost Recovery. The City is empowered to recover all costs associated with the space allocation process as a separate special fee in the Schedule of fees. Sec 13-168 Prohibited Acts: ORDINANCE NO. 14-15 (a) Prohibition on vending in center median or vehicular right-of-way. No person shall stand,. sit or remain on a street or on or within six (6) feet of the traveled portion of a highway or upon any center median strip, for the purpose of selling, offering for sale or advertising any product, property or service to the driver or passenger of any motor vehicle using the street or highway, unless participating in a city sponsored event and/or a city approved and permitted mobile vendor special event. (b) Schools and Parks. Vendors are prohibited from operating within five hundred(500)ft of schools between the hours of 7 AM and 3 PM, except in cases where the City of Opa-locka designates specific areas as permissible. Unless as a special condition granted by the City of Opa-locka as part of the license, vendors shall be prohibited from operating in a park during that park's hours of closure. (c) Offsets: No mobile vendor may vend or conduct business in such a manner as to restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles. (d) Prohibition of sales around Residential Areas. a. No Mobile Food Vendor shall conduct business within any single family residential zoning district, including townhouse districts, but may be located in such districts when serving and within one hundred (100) feet to a property with an active building permit.The zoning of the right-of-way shall be construed to be the same as that of the parcel which it abuts, up to the central median line of the overall right-of- way. b. No Mobile Vending Unit may operate within fifty (50) feet from a Single Family or Multi -Family residential use. Single -Family or Multi -Family residential use as defined in this section shall not include a residence that is part of a business or a Mixed -Use structure. c. All Mobile Vending Units between fifty (50) and one hundred (100) feet from a Single -Family or Multi -Family residential use must obtain the consent of seventy- five percent (75%) of the owners of the Single -Family or Multi -Family residential property within a one hundred (100) foot radius around the Mobile Vending Unit. ORDINANCE NO. 14-15 Consent from the property owners must be original, signed, notarized, and dated within thirty (30) days from the date the vendor operates on said location. Sec. 13-169. Revocation of License (a) Licenses issued under the provisions of this chapter may be revoked by the City Commission after notice and hearing, for any of the following causes: 1. Fraud, misrepresentation, or false statement contained in the application for license; 2. Fraud, misrepresentation or false statement made in the course of carrying on his business as street vendor; 3. Any violation of this Article; 4. Conviction of any crime or misdemeanor involving moral turpitude; 5. Conducting the business of street vending in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. 6. Violations of established health department or business regulations. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address with a postmark of at least five (5) days prior to the date set for hearing. The decision regarding the revocation of license by the City Commission shall be conclusive and final. Ldj Any mobile vendor whose license has been revoked pursuant to the provisions of section shall be prohibited from participating in any mobile vendor special event until such time as the license has been reinstated. Vendors who have had their license revoked may apply for a new license no earlier than three (3) months after the revocation of license. The Planning and Community Development Department shall consider prior revocations of licensing in its determinations of whether to issue a new permit. Sec 13-170 Permit Caps: ORDINANCE NO. 14-15 The City of Opa-Locka may elect to adopt a permit cap on the overall and/or categorical number of vendors in the city. Any such cap shall be reviewed annually by the Planning and Community Development Department, and publicized at least thirty (30) days before the deadline for renewals of annual licenses. Sec 13-171 Exemptions: Exemption from setbacks on distance requirements from residential areas shall only be permitted if it listed as a specific allowed use with the issuance of special events permits issued by the City of Opa-locka. Such allowances shall be limited to the event in question. ***************** Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, are hereby repealed Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. PASSED AND ADOPTED this 8th day of October, 2014. ORDINANCE NO. 14-15 Attest to: Jnna Flores City Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley: Mayor Taylor: YRA TAYOR MAYOR Approved as to form and legal sufficiency: Jo ,'eph S G ller EEN • POON MARDER PA ity Attorney COMMISSIONER HOLMES COMMISSIONER SANTIAGO 5-0 YES YES YES YES YES MIAMI HERALD I MiamiHereld.com CITY OF HIALEAH GARDENS PUBLIC NOTICE NOTICE is hereby given that a PUBLIC HEARING will be held in the City Council Chambers at 7:30 p.m., Tuesday, October 7, 2014, at which time the following ordinance will be considered for final adoption. The proposed ordinance may be read at Hialeah Gardens City Hall, City Clerk's Office. All interested parties are urged to attend the meeting and be heard. ORDINANCE OF THE CITY OF HIALEAH GARDENS, FLORIDA, APPROVING A SITE PLAN AND VARIANCE FOR ACO INVESTMENT LLC TO PERMIT CONCERNING PROPERTY LEGALLY DESCRIBED AS: TRACT 5, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POUTICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27845, PAGE 3507, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE EAST h OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POUTICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27845, PAGE 3511, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.THE EAST Yz OF THE WEST IA OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4355, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE EAST ''A OF THE WEST y2 OF THE WEST'h OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4351, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE WEST 'A OF THE WEST 'h OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4347, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TRACT 7, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POUTICAL SUBDIVISION FOR ROAD RIGHT- OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4359, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. APPROXIMATE LOCATION: BETWEEN NW 109TM AVENUE AND NW 10T. AVENUE AND BETWEEN THEORETICAL NW 147a' STREET AND THEORETICAL NW 150TM STREET, HIALEAH GARDENS, FL FOLIOS: 27-2019-001-0050, 27-2019-001-0063, 27-2019-001-0062, 27-2019-001-0061, 27-2019-001-0060 AND 27-2019-001-0070., PROVIDING FOR CONDITIONS; PROVIDING FOR EFFECTIVE DATE. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding. For assistance, the City'stelephone number is (305) 558-4114; if hearing impaired the telephone for the Florida Relay Service is (800) 955-8771 (TDD) or (800) 955-8770 (VOICE). Maria L. Jaffee, City Clerk Page: NabesN0_9, Edition:1st ND SUNDAY, SEPTEMBER 28, 2014 1119ND CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks, Florida will hold a public hearing at its Regular Commission Meeting on Wednesday, October 8, 2014 at 7:00 p.m. in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locks, Florida to consider the following items: SECOND READING ORDINANCES/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AMEND ORDINANCE 86-8, THE LAND DEVELOPMENT CODE BY AMENDING THE MIXED USE OVERLAY DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 23, 2014). Deferred from 09/10/2014 Regular Commission Meeting AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE VIII OF THE CODE OF ORDINANCE BY ADDING AND DELETIONS, TO REMOVE PEDDLERS AND REPLACE WITH STREET VENDORS AND/OR MOBILE VENDORS; PROVIDING FOR DEFINITIONS, PERMITS, REGULATIONS, AND REQUIREMENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 10, 2014). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CITY ORDINANCE 86-8, LAND DEVELOPMENT CODE, ARTICLE DC CITY OF OPA-LOCKA SIGN REGULATIONS TO PROVIDE PURPOSE AND INTENT, DEFINITIONS, PROCESS AND PROCEDURES, SIGNAGE DESIGN STANDARDS, SIGNS PERMITTED ACCORDING TO LOCATION AND SIGNS PROHIBITED ACCORDING TO LOCATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 10, 2014). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 21, ARTICLE II, SECTION 21-77 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES, ENTITLED "SCHEDULE OF RATES GENERALLY" BY AMENDING PROVISIONS RELATED TO WATER, SEWER, AND STORMWATER RATES FOR FISCAL YEARS 2014-2015, 2015-2016, 2016-2017, 2017-2018 AND 2018-2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 17, 2014). Additional information on the above items may be obtained in the Office of the City Clerk, 3400 NW 135'h Street, Bldg. B, Opa-locka, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. JOANNA FLORES, CMC CITY CLERK Pub. date: Sunday, September 28 Section, zone: , DadeND Last user: cci Last change at: 2010:39 September 25 City of Opa-locka Agenda Cover Memo Commission Meeting Date: September 10, 2014 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: (EnterX in box) 1st Reading 2nd Reading X X X Public Hearing: (EnterX in box) Yes No Yes No X X Funding Source: NIA (N/A) Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan Obj./Strategy: N/A X • IN • isi IN Sponsor Name City Manager Department: Community Development Short Title: An Ordinance of the City Commission of the City of Opa-locka, Florida, to amend the Code of Ordinance Article VIII, to remove Peddlers and to now include Street and Mobile Vendors and provide definitions, permit and application requirements. process and procedures, prohibited acts, and causes for revocation. Staff Summary The Community Development Department have received many request for street/mobile vendors licenses. Staff have reviewed the Code of Ordinance and determined that our City Code does not address current uses. Staff has requested the Corradino Group to format this amendment to the Code of Ordinance. As the City's Planning Consultant, the Corradino Group is responsible for drafting the new Comprehensive Development Plan and the new Land Development Code, which would address this amendment request later in the update process. This amendment removes "peddler" from the Code of Ordinance, replaces it with "Street Vendors and Mobile Vendors", and provides definitions, permit requirements, applications requirements, it provides process and procedures, it provides the prohibited acts and it lists the causes for street and mobile vendor license revocation. This amendment request was reviewed and recommended for approval by the Planning Council on July 8, 2014. Code of Ordinance for Street and Mobile Vendor Ordinance 1 Proposed Action: Staff recommends approval of Land Development Amendment . Attachments: 1. Planning Concil Meeting Minutes — July 8, 2014 2. Draft of Code of Ordinance for Street and Mobile Vendor Ordinance Code of Ordinance for Street and Mobile Vendor Ordinance 2 Memorandum TO: Myra L. Taylor, Mayor Joseph Kelley, Vice Mayor Timothy Holmes, Commission Dorothy Johnson, Commission Luis B. Santiago, Commissione FROM: Kelvin L. Baker, Sr., City Manag DATE: September 3, 2014 RE: An Ordinance of the City Commission to Amend the Code of Ordinance to include Street and Mobile Vendors. Request: An Ordinance of the City Commission of the City of Opa-locks, Florida, to amend the Code of Ordinance Article VIII, to remove Peddlers and to now include Street and Mobile Vendors and provide definitions, permit and application requirements, process and procedures, prohibited acts, and causes for revocation. Description: The Community Development Department have received many request for street/mobile vendors licenses. Staff have reviewed the Code of Ordinance and determined that our City Code does not address current uses. Staff has requested the Corradino Group to format this amendment to the Code of Ordinance. As the City's Planning Consultant, the Corradino Group is responsible for drafting the new Comprehensive Development Plan and the new Land Development Code, which would address this amendment request later in the update process. This amendment removes "peddler" from the Code of Ordinance, replaces it with "Street Vendors and Mobile Vendors", and provides definitions, permit requirements, applications requirements, it provides process and procedures, it provides the prohibited acts and it lists the causes for street and mobile vendor license revocation. This amendment request was reviewed and recommended for approval by the Planning Council on July 8, 2014. Financial Impact: There is no financial impact to the City to adopt this ordinance. Implementation Time Line: Immediately Legislative History: Code of Ordinance Article VIII Peddlers Staff Recommendation: Staff recommends approval of this Code of Ordinance Amendment. Planning Council Recommendation: The Planning Council recommended approval of this Amendment. Street and Mobile Vendor Ordinance Attachment(s) Planning Council Meeting Minutes July 8, 2014 Draft of Code of Ordinance for Street and Mobile Vendor Ordinance Prepared By: Gerald Lee, Zoning Official 2 MINur PLANNING COUNCIL MEETING TUESDAY, July 8, 2014 I ROLL CALL: Planning Council meeting officially began at 7:17pm ` ° " embers in attend were Chairman Calvin Russell, Councilman Elio Guerrero, and Councilwoman Leslie Denis. Also present were City Attorney Joseph Geller, Comitrity DFyFlopipent Director Gregory D. Gay, Zoning Official Gerald J. Lee, Community De�`elopment Secretary Inez Robinson. II INVOCATION AND PLEDGE: Was stated immediately after III APPROVAL OF MINUTES: Minutes were bypassed due to the fact they IV. PUBLIC HEADINGS: APPLICANT:CITY QF OFA-LOCKA COMMUNITY DEVELOPMENT DEPARTMENT, 3400 NV 1„35T4 STREET BLDG B., OPA-LOCKA, FL 33054. ere still being processed. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA FLORIDA, TO CREATE ARTICLE VIII STREET AND MOBILE VENDOR REQUEST: THE FOLLOWING AMENDMENTS TO CITY ORDINANCE 86-8 (LAND DEVELOPMENT CODE). Planning Council Minutes 07/08/2014 Page 1 of 8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE ARTICLE VIII STREET AND MOBILE VENDOR Mr. Gerald Lee reminded the Planning Council that this was an amendment previously presented to the council that failed. Staff asked if the Planning Council would reconsider the item with an amendment. Chairman Calvin Russell said he would like the amendment to include language that allows favor for city residents who operate as a vendor or that operate a food true in the community. Chairman Russell moved to have the amendment reconsidered. Councilman the motion. Roll call motion passed 3-0 Elio Guerrero Leslie Dennis Calvin Russell rrero seconded City Attorney Geller suggested that staff doiresearch to ensure t airman Russell's suggested amendment is clear before the vote. Asked to postpone the vote to the next meeting. Mr. Lee advised the council about the Oft anager's=urgency to get this legislation before the commission. He suggested that t is,pussed cliiring this Meeting with the provision to give favor to city residents to operate foOdtrucks and, becoine,food vendors so that once the research is conducted it can go straight to the commission. Chairman Russell moved to have the, amendment amended with the provision. Councilman Guerrero seconded the Motion Roll call motion p !I1� to Guerrero Yes Leslie Dennis - Yes Calvin Russell Yes Chairman Russell moved to have the amendment voted upon. Councilman Guerrero seconded the motion. Roll call motion passed 3-0 Planning Council Minutes 07/08/2014 Page 2 of 8 Elio Guerrero Yes Leslie Dennis Yes Calvin Russell Yes APPLICANT: GREAT WASTE & RECYCLING SERVICE, LLC. 3051 NW 129TH STREET, OPA-LOCKA, FL 33054 LEGAL DESCRIPTION:TR A LESS E 173 FT & LESS W 125 FT, LOT SIZE 53476 SQ FT OR 17101-0707 0296 1; 1.23 AC, EAST VIEW GARDEN — LAKE ADDITION ACCORDING TO THE PLAT THEREOF", AS RECORDED IN PLAT BOOK 51, PAGE 17 OF THE PUBLIC RECOS OF MIAMI-DADE COUNTY, FLORIDA. SECTION 28 TOWNSHIP 52 SOUTH, RANGE 41 EAST. ZONED I-2 (FOLIO 08-2128-002-0010)', REQUEST: TEXT ADDED TO CODE TO PERMIT THE TRANSFER OF CONSTRUCTION & DEMOLITION DEBRIS FROM TRUCKS WITH A SMALLER ROLL -OFF CONTAINER TO A FOIi Y CUBIC YARD (40 CY) CONTAINER BY GRAPPLING TRUCK. 2.) FINAL SITE PLAN REVIEW FOR CONTAINER TO CONTAINER TRANSFER. i Mr. Lee began the staff report by providing t o context of the ret west. He explained that the City's code requires a site plan review for uses outside ofthose stated in the code. Staff had a couple conditions for approval: 1. Ensure that the property �tici a. be served by water and sewer b. follow current signage and dupster regulations c. Include the landscaping, parking pavement, and storage yard concreate wall as specified in the site plan. Mr. Lee gavethe history of theserequests, stating that they came to the meeting on the 4th of February. However, they did not have both applications ready. They were advised to come back when both applicAdns; ere submitted. Staff recommends approval of both requests. Chairman Russell opens public meeting. Carlos Piccinonna, owner of Great Waste Recycling Services opened the floor to questions from the council. Chairman Russell expresses concerned about commercial and residential effects of the hazardous material getting into the air, the storage containers moving during a storm, and the walls preventing the flow of rain water and causing flooding. Mr. Piccinonna explained that they want this request to improve production. They want to be able to transfer interior demolition material from smaller trucks to larger ones to Planning Council Minutes 07/08/2014 Page 3 of 8 f free up the smaller trucks to collect more material and use the larger trucks to take material to the dump. Councilwoman Dennis asked how many times a day this would happen. Mr. Piccinonna replied 3 times. Councilman Guerrero asked about how to limit the dust. Mr. Piccinonna said they can wet the area to reduce the dust. Also, they plan to hire two more people. Councilman Guerrero asked for language added to include dust control. Mr. Lee said that can be included as a requirement in the site plan. Attorney Geller suggested that the request include language addressing airborne pollution. Councilman Guerrero motions for amendment to include language addressing airborne pollution. Second by Councilwoman Dennis. Roll call motion passed 3-0 Elio Guerrero Leslie Dennis Calvin Russell Councilman Guerrero made a motion to pasSifthe first re Councilwoman Dennis. Roll call motion passed 3-0 uest with amendment. Seconded by Elio Guerrerro - Yes Leslie Dennis - Yes Calvin Russell - Yes Councilman Guerrero made a'motion to pass the second request. Seconded by Councilwoman Dennis. Roll call motion passed 3-0 Elio Guerrero Yes Leslie Dennis - Yes Calvin Russell - Yes APPLICANT: ACCENT CONSTRUCTION SERVICES, INC /TERRY WILLIAMS. 13620 NW 27 AVENUE, OPA-LOCKA, FL 33054 LEGAL DESCRIPTION: TRACT D, BLOCK 148, OPA-LOCKA, PLAT NO THREE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 14, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ALK/A LOT 18, 19, 20, 21,22, AND 23, TRACT D, BLOCK 148, OF AFORESAID PLAT, LESS AND EXCEPT THAT PART OF TRACT D, DEEDED TO COUNTY OF MIAMI-DADE BY WARRANTY DEED DATED Planning Council Minutes 07/08/2014 Page 4 of 8 11-22-44, FILED 11-28-44, IN DEED BOOK 2442, PAGE 471 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. FOLIO: 08- 2121-007-2680. REQUEST: FINAL SITE PLAN REVIEW TO BUILD A CHECK CASHING STORE Mr. Lee explained that his office reviewed the site plan and provided feedback to Accent. Accent addressed the concerns. Staff recommended approval of the compliant site plan with the following conditions: 1. Unity of title submitted 2. Ensure that the property would a. be served by water and sewer b. follow current signage and dumpster re c. Include the landscaping4tid parking det 10 as specified*. the site plan. 111, Chairman Russell calls public meeting torex. TerL`.,Wi:s the resentative for Accent introduces the traffic engineer and represenliye from chiteeture'fim. Chairman asked what benefit the project will be to the city. Mt} ,Williams detailAuw it would remove an eyesore at the entrance of the city and employ 10-12"pe6ple. Councilman G"i errero asked about how the design would complement the city. Mr, Williams Said it would meet the design standards of the city. Chairman Russell expressed concerns '414,1out the ownership and lease agreement and how that may affect the quality of the bu 3mg. Mr. Lee addressed those concerns. Councilman Guerrero otii Roll call motion passed 3,-0 to' ve the request forward. Councilwoman Dennis seconds. Elio Guerrero Yes Leslie Dennis Yes Calvin Russell Yes Attorney Geller suggested that they reconsider the motion to include language that specifies addressing staff recommendations. Councilman Guerrero motioned to reconsiders. Councilwoman Dennis seconds. Roll call motion passed 3-0 Planning Council Minutes 07/08/2014 Page 5 of 8 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell Yes Councilman Guerrero motioned to approve site plan subject to conditions and recommendations of staff. Councilwoman Dennis seconds. Roll call motion passed 3-0 Elio Guerrero Leslie Dennis Calvin Russell APPLICANT: EDNOLD OUTTEN/SALEM MISSIONARY BAPTIST CHURCH,. INC. 2431 OPA-LOCKA BOULEVARD; 2415 OPA-LOKA BOULEVARD, OPA- LOCKA, FL 33054 Yes Yes Yes LEGAL DESCRIPTION: COMMUNITY GARDENS PB 151-B ":LOT 9 &10, BLK 151-B AND COMMUNITY GARDENS PB 31-5 LOTS 7 &8, ;BLK 151-B. FOLIO: 08-2122-011-0614;,08-2122-011.062 :_ REQUEST: FINAL SITE PLAN REVIEW FOR A PLACE OF RELIGIOUS WORSHIP. Mr. Lee provides the context for the request. Asks for approval of the request with the following conditions: 1. Unity of title must be submitted 2. Must agree to pilot re elation for ndhl-profits 3. Ensure that the property would be served by water and sewer b. follow current signage and dumpster regulations c. Include, the landscaping and parking details as specified in the site plan. Chairman Russell opens the floor to public hearing. Faye Alton speaks on behalf of Salem Missionary Baptist Church and details the history of the church. Councilman Guerrero motions to grant request. Councilwoman Dennis seconds. Roll call motion passed 3-0 Planning Council Minutes 07/08/2014 Page 6 of 8 Elio Guerrero Yes Leslie Dennis Yes Calvin Russell Yes APPLICANT: TRADEMARK METALS RECYCLING, LLC/ B. SCOTT BENNEWITZ & MARIO GARCIA-SERRA 300 PIKE STREET, CINCINNATI, OH 45202 LEGAL DESCRIPTION: WEST 70 FEET OF THE EAST 210 FEET OF LOT 1 AND LOTS 2 THRU 4 LESS WEST 10 FEET IN BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 42. OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (FOLIO NUMBER 08-2128-003-0370) AND WEST 70 FEET FO THE EAST 140 FEET OF LOT 1, BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 42, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (FOLIO NUMBER 08-2128-003-0360) REQUEST: FINAL SITE PLAN REVIEW TO CONSTRUCT A NEW BUILDING Mr. Lee presented staff report. They are tryn;to perform so rotective measure on the fluff that is a product of their business. Stdff rec trimends approval under the following conditions: 1. Unity of title must be submitted and, recorded 2. Ensure that any future signage comply with regulations. Chairman Russell opens public Bearing. Mario Garea-Cero, a lawyer representing TMR, introduces Mark Viacooli, manager of facility Fbeing discussed, and Michael Carr, an engineer. Mr. Garcia-Cero explains that `purpose of the proposed building is to address environmental concerns. Councilman Guerrero motioned to grant request. Councilwoman Dennis seconds. Roll call motion passed 3-0 Elio Guerrero - Yes Leslie Dennis Yes Calvin Russell - Yes V OTHER BUSINESS: Chairman Russell asked Mr. Gay if there was other business and Mr. Gay let him know that at this moment there was no other business. Planning Council Minutes 07/08/2014 Page 7 of 8 STAFF UPDATE Mr. Gay indicated there were no items for staff update. VI ADJOURNMENT Chairman Russell motioned to adjourn and Councilman Guerrero seconded the motion. Meeting adjourned at 8:34 pm. Submitted by Inez Robinson Planning Council ATTEST: Planning Council Minutes 07/08/2014 Page 8 of 8 ARTICLE VIII. STREET AND MOBILE VENDOR ORDINANCE161- Sec. 13-149. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Center median.Any area in the middle of any street or highway, designed to provide a barrier to keep traffic on one (1) side of the street from going to the other side of the street. A center median may be a raised concrete strip or a grass strip. City sponsored event. Any event which the city has either financially sponsored or sponsored by way of in -kind donations. Mobile food service operation. The preparation/cooking, serving and/or sale of food conducted from a portable stand, vehicle or trailer. Each such portable stand, vehicle, or trailer shall be considered a mobile food service operation. Mobile vending vehicle. Any vehicle, cart or apparatus used for the displaying storing or transporting of articles offered for sale by a mobile vendor. Mobile vendor. Any person, firm, corporation or other entity engaged in the selling or offering for sale any and all goods, wares, beverages or merchandise including specifically food or food products outdoors from a mobile vending vehicle or from his person. Mobile vendor special event.A special event consisting of a concentration of mobile vendors which have been properly licensed and permitted by the city. Mobile vendor special event coordinator. The person designated to coordinate the placement/positioning of individual mobile vendor vehicles; maintaining the inspection of the mobile vendor special event site including, but not limited to, proof of insurance and licensing; and assure of compliance with hours, clean-up and other city requirements during a mobile vendor special event. Non -mobile vendor/Non-mobile street vendor.Any street vendor who operates at a set location or utilizing a semi -permanent structure, on the sidewalk, in a park, or other public right-of-way. Street Vendor. er eddieAas-use€1-"er-eifl-slaa" inGl de aAny person, whether a resident of the city City or not, travelling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without travelling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, street stand, or other vehicle or conveyance, and provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler -street vendor subject to the provisions of this article. The word "street vendorpeddler" shall include the words "hawker," "peddler," and huckster." A mobile vendor is also a street vendor. {Code 1955, § 14 33) Sec. 13-150. Permit required. It shall be unlawful to sell, offer to sell, or exhibit for sale any good or merchandise, including, but not limited to, fruit, nuts, popcorn, ice cream or sandwiches, or otherwise operate or conduct business, from any parked vehicle, cart, stand, or other apparatus, or upon any street, sidewalk, or park, in the City of Opa-locka, without first securing a permit by completing a permit application on a form provided by the City of Opa-locka and paying the necessary permit application fee, as approved by the City Commission and amended from time to time. At the discretion of the City, vendors operating in a Flea Market or Bazaar as defined in Article IX shall be subiect to permitting requirements as outlined in this Article. herein. (Code 1955, § 14-34) Sec. 13-151. Application required. Applicants for permits under this article must file with the City Manager or his designee Depaft ent a sworn application in writing (in duplicate) on a form to be furnished by the City Manager or his designee Department, which shall give the following information: (b)Laj Name, Home and Business Addressof the Applicant (legal and local)1 name and address of the owner of the business or vending vehicle if the owner is not the applicant, (b),Any additional information deemed as necessary by the City of Opa- locka to complete the required background check of applicants (c) A brief description of the nature of the business and +tee-geed-s to be soldA description of the type of food, beverage, merchandise, or service to be sold. (d) A written and photographic descriptionof any equipment or vending vehicle to be used in the operation of the business, including a photocopy of the license and registration of the motor vehicle. In cases where the equipment or vehicle has not been acquired, a rendering of these items will suffice for the application process, provided applicant provides the licensing and registration of the vehicle, if applicable, and photographic evidence to support the submitted renderings after any conditional approval. if employed, the name and addre„6 of the employer, together with rr dent ais establiehinn tho exast rolatie-R hin (e) Proof of insurance, issued by an insurance company licensed to do business in the State of Florida, for all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license. Such insurance shall provide a minimum amount of coverage of three hundred thousand dollars ($300,000.00) for injury for each occurrence and one hundred thousand dollars ($100,000.00) per person. The city shall be named as an additional insured. All insurance must be in a form acceptable to the city's risk management division. No material change or cancellation of such insurance shall be effective without thirty (30) days prior written notice to the city. The insurance shall include automobile insurance and comprehensive general liability. (f)The length of time for which the right to do business is desired. If a vehicle is to be used, a description of the same, together -with license number or other means of identification. (g) A -Two (2) copies of a photograph of the applicant and every person to be employed by the business in the Ccity, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishable manner. (h) lausir'ress-Fesigcr`.nr's6 of +vr—na-rnriceroff -rrefer-e-hcesuc Fother the applicant as will enable an investigator to properly evaluate such character and business responsibility. (ih)Where applicable, an affidavit or notarized statement from the property owner granting the mobile vendor the right to locate on their property.No statement is necessary if the City is the owner of the property or the location is on the public right-of-way, but the City shall retain the right to approve or deny the right of usage of said location(s). (fi) A health certificate, issued by the county health department, if vending food or beverage. Applicant shall file with his application a statement by a reputable submi-pion of the application, certifying the applicant to be free of infectious, contagious or communicable disease. (j) Any additional licenses or documentation required by the City of opa- Locka, Miami -Dade County, Florida State, or Federal law. (k) An accompanying application fee as denoted in the City's Schedule of Fees. Applications must be submitted at least fourteen (14) days before any special event. (Code 1955, § 14 35) The applicant for a permit under this article shall, at the time of making hundred dollars ($1,500.00), to be used by the city to defray the costs of inyeotinatino Oho �nnliration If shall be the d Ity of the department ,the-ohief of Ir oourate reonrds end acon1 Info of their expenses in inmotig tins suoh IAV VNI(A�V 1VWIN 1 1 f , fee if a permit is issued, shall be returned to the applicant. Sec. 13-153. Background Investigation of application. Upon receipt of such application, the original shall be referred to the thief of police, who shall cause such investigation of the applicant',business and moral rharonter to he made no he cleemo neneo •+ni fnr the nrotention of the Opa-locka Police Department, which shall provide a background investigation for all persons noted on the application, and shall report the results of such investigation to the City Manager or his/her designee. The background investigation shall include a national search of the list of registered sexual offenders and sexual predators. The provisions of this article shall apply to each person engaged in the activity of mobile vendor as well as business, if any, by which the mobile vendor is employed. {Code 1955, § 14 36) Sec. 13-154. Disapproval of application; notice; Right of Appeal. If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of policePolice Department shall endorse on such application theirh-is disapproval, their and his reasons for the same, and return the application to the Building & License Development Department, which shall notify the applicant that hi-s-theapplication is disapproved not approved and that no permit will be issued.The City Manager or his/her designee must review the reason(s) for denial before the issuance of the notification, and such notification must include the reason(s) for disapproval. (a) The denial of a Street Vendor permit is an administrative decision which may be appealed. Any person aggrieved by the action(s) of the Police Department or the Building & License Department in the denial of an application for a license as provided in this article, or in the decision which reference to the revocation of a license as provided herein shall have the right of appeal to the City Commission. Such appeal shall be taken by filing with the Commission, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal, with any applicable fees as established in the City of Opa-locka's schedule of fees. (b) The City Commission shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant via mail to the address listed on the application and postmarked at least five (5) days prior to the date set for hearing. The decision and order of the City Commission on such appeal shall be final and conclusive. (Code 1955, § 14 36) Sec. 13-155. Approval and issuance of permit; records. If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police or his/her designee shall endorse on the application his approval, and provide such notice to the City Manager or his/her designee. Upon overall approval of the application, the Building and License Department shall execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit, fs permit. Such permit shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the permittee, the class of permit issued and the kind of goods to be sold thereunder, any special conditions of the permit, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in suchvending peddling. The department Building and License Department shall keep a permanent record of all permits issued hereunder. (Code 1955, § 14 36) Sec. 13-156. Permit fees. The fees, as presently established or as hereafter adopted by resolution of the Csity Ceommission, shall be charged for permits issued pursuant to this article. to be deducted from the deposit required by. If the City establishes a separate fee for annual permits, such fee will be pro -rated on a monthly basis from October first for annual permits. Sec. 13-157. Permit expiration, renewal. Annual permits issued pursuant to this article shall expire on October first of each year. Weekly or monthlyAll other permits shall expire as provided by their own terms. Applications for renewal shall follow the same procedure as the original application. In +he event +he d-e-p rtmnn} er +he chief of nelice have roc enable cause to believe that there may be grounds for denying renewal of a permit hereunder, they shall have the authority to require the applicant for renewal to follow the same procedures as are provided herein for the original issuance of a permit: Sec. 13-158. 121ates andi bBadges. The Planning and Community Development Ddepartment shall issue to each permittee at the time of delivery of his the permittee'slicense one (1) laminated copy of the license, and any necessary badges, which shall contain upon the badge the photographic image of the operatorsrelated to the license to be displayed, the business category(ies) of the license, the issue date and duration of the license, and the location(s) approved for vending. The City shall incorporate the processing costs of these items into the schedule of fees.two (2) nlatec far ea,.h „chicle to he � iced plus a metal badge for each individual permitted under this article. The plates or badges shall bear the words vehicle used by the permittee, either on both sides or on the front and rear of the vehicle so used. Such badge shall be worn constantly by the permittee on -the front of his hat or outer garment in such a way as to be conspicuous during such time as such permittee is engaged in peddling. (Code 1955, § 14-37) Sec. 13-159. .Non -transference of license No plate or badge issued under the provisions of this article shall be used or weha at env time by anv ne se-n ether then the nne to whem it wa-s iss ierl Licenses shall only apply and be usable by the specific business and individuals listed on the application. If the license lists a specific location for the street vendor's operation, re -usage of that particular space is to remain at the sole discretion of the issuing authority. Badges shall serve as identification for authorized operators and cannot be transferred between individuals. (Code 1955, § 14 38) Sec. 13-160. Loud noises and speaking devices. (a) No peddlerstreet vendor,nor any person onin his behalf of the vendor, with the exception of an ice cream vendor,shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loudspeaker, radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such geddlef licensee proposes to sell. (b) An ice cream vendor is permitted to utilize music to alert potential customers that it is in the area for the purpose of selling its product. The playing of music is only permitted during the hours of 10:00 a.m. and 8:00 p.m, and only in areas more than one thousand five hundred (1500)ftaway from any Pre-K or K-12 school during school hours. The music shall not be played at a level to constitute a nuisance. (c) A mobile vendor special event coordinator is permitted to have live musical performances or pre-recorded music in conjunction with the mobile vendor special event. Intent to provide live or pre-recorded music must be stated in the application package for the special event permit and must comply with the city's noise ordinance set forth in Article V of the Code of Ordinances. E Code 1955, § 14 39) Cross reference Noise generally, § 15 73 et seq. County- 'refer nce Noise by hawk rsnd peckilerrsa -c�---2-vjrTT' Sec. 13-161. Use of streets. `" P No peddle -street vendor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall the vendor be permitted to operate in any congested area where his the vendor's operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Exceptions to this provision apply in cases where the City of Opa-locka has designated a registered"stall" in the publicright-of-way. (Code 1955, § 14 40) Cross reference Obstructing public ways generally, § 19 4. Sec. 13-162. Exhibition of permit. Peddlers Street vendors are required tovisiblyexhibit their permit and badge on their person and/or cart at all times. +ho request „+ any eitimoo,,. (Code 1955, § 14 41) Sec. 13-163. Enforcement by police. It shall be the duty of any police officer of the city to require any person seen Peddf+ngvendinq, and who is not known by such officer to be duly permitted,and who does not display their permit or badge, to produce suchhis neck e s permit, and to enforce the provisions of this article against any person found to be violating the same. Special Events Vending: When requested by any police officer of the city, the mobile vendor special event coordinator can be required to produce the special event permit for the event. (Code 1955, § 14 42) Sec. 13-164. Report, record of convictions. The chief of policePolice Department shall report to the_Building and License Department all convictions for violation(s) of this article, and the department Building and License Department_shall maintain a record for each permit issued and record the reports of violation therein. (Code 1955, § 14 43) Secs. 13-165-13-174. Reserved. Sec. 13-165 Mobile Vendor Requirements: A.. earance. a. All items or services to be sold from a mobile cart must: i. Be vended from a regulation size vending cart, as determined by the City of Opa-locka. Examples of such carts, with noted dimensions. shall be available for review in the Planning and Community Development Department. ii. Be easily carried or conveyed. iii. Not cause undue or offensive odors. iv. Involve a short transaction period to complete the sale or render the service. v. Display merchandise in a reasonably organized manner. Carts shall not be overloaded or disheveled in appearance. b. Advertisements on any equipment utilized by a street vendor shall be subject to regulations found in the City of Opa-locka's Signs Ordinance. c. The City of Opa-locka may require a design review to ensure aesthetically pleasing carts or vehicle are utilized. d. No vendor shall operate while intoxicated and/or be in a state of unkempt appearance. (b) No mobile vendor shall station itself upon any public street or right-of-way, or upon any private property, except with the express permission of the property owner and in a manner, which does not impede the flow of traffic on public streets or rights -of - way, nor block pedestrian access to public streets or rights -of -way, unless participating in a City approved and permitted mobile vendor special event or a City sponsored event. (c) Under no circumstance shall a mobile vendor be deliberately emplaced so as to hinder emergency services. (d) No mobile vendor shall be permitted to operate in any congested area where the vendor's operations might impede or inconvenience the public; with the exception of those participating in a city approved and permitted mobile vendor special event or a City sponsored event. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenience. (e) No mobile vendor shall remain overnight in any one (1) site, except in the case of a special event exhibition, exposition, art show and/or festival, where they are permitted to remain on the site from the beginning to the end of the special event. In such instance, the mobile vendor shall secure a special event permit permitting overnight siting, even if the vendor has a regular vendor permit. (f) All mobile vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the sale or vending transaction was conducted. Vendors are prohibited from utilizing City -owned receptacles for disposal of packing containers or boxes. (g) All disturbed areas must be cleaned following each stop at a minimum of twenty (20) feet radius of the sales location (h) No mobile vendor shall wave, flag or motion to vehicles on the street. Sec. 13-166 Mobile vendor special event. A mobile vendor special event shall be permitted without a public hearing provided: (1) The mobile vendor special event shall: a. Be limitedto one (1) event per week per calendar year at the same location; b. Be permitted to operate as an accessory use to any culinary institute; c. Operate no later than 9:00 p.m., Sunday through Thursday. Up to four (4) days per year, a mobile vendor special event may operate until midnight, Monday through Thursday, provided that these four (4) dates are included as part of the schedule of events provided in the application for the permit. d. Operate no later than midnight, Friday and Saturday. e. Be permitted to operate for multiple consecutive days, provided that all dates are noted on the application. The number of consecutive days cannot exceed five (5) unless it is a City sponsored event. The City may elect to permit all or part of the dates which are applied for. (2) A special event permit shall be obtained for each mobile vendor special event site on an as -needed basis. The special event permit package shall include all of the following: a.Notarized letter from property owner(s) of record authorizing the mobile vendor special event and designating a mobile vendor special event coordinator; b.Duration and Schedule of event(s); c.Notification and sign -off from the Opa-locka Police Department; d.A traffic safety and security plan; e.Narrative describing the hours of operation, estimated public attendance; and description of other amenities provided; f.Copies of state licenses and local vending license of each of the individual mobile vendors participating; q.The maximum number of individual mobile vendors which may be present at the mobile vendor special event. This maximum number shall be indicated on the special event permit; h.Site plan or survey indicating the general placement of the individual mobile vendors; location of refuse facilities, if not hauled away; location of sanitation facilities; location of on -site and off -site parking; lighting fixtures, if applicable; and rights -of -way, internal circulation and ingress/egress; i.Whether live music or pre-recorded music will be provided during the special event; j. Any other permits, such as street closure permits, which may be required by the City for the event; k. Accompanied by a permit fee in an amount to be the Schedule of fees. Proceeds from the permit fee shall be designated for economic redevelopment in the area where the mobile vendor special event occurs. (3)If the mobile vendor special event permit application is incomplete; or if the mobile vendor special event is operating in a manner not consistent with the representations made in the application for special event permit; or the mobile vendor special event coordinator fails to comply with any provisions of this section, the city has the authority to deny or revoke the special event permit. (4)The designated mobile vendor special event coordinator shall: a.Assist in the placement/positioning of individual mobile vendors during the special event; b.Maintain for inspection at the special event all pertinent documentation provided by the individual mobile vendors such as proof of licensing and insurance; c.Assure compliance with hours, clean-up and other permit requirements. Sec. 13-167Designation of Sites - "Stalls": The City of Opa-locka, may, at its discretion, specify specific areas where vendors are allowed to operate. These sites will be reviewed periodically, but at minimum, annually, at least 60 days before October first. The City of Opa-locka, may also, at its discretion, specify sites on a public right-of-way or publicly owned vacant lots, as a vending area "stall." Such stalls will be clearly marked and numbered, and reserved for specific vendors to which the stall is assigned, and the City shall levy a fee for rental use of such "stalls." Monies derived from any such program shall be earmarked for specific use in maintenance of the common area of the vacant lot or public right-of-way on which the stall is located, if applicable; city beautification; and redevelopment. Such stalls shall be subject to the additional guidelines: 1. If the vendor is to be absent from the stall for a period of fourteen (14) or more days, the vendor must notify the Community Development Department in advance of the date(s) of any such absence(s). The Department may then assign the space designated or reassigned during any such absence. 2. The vendor shall be responsible for the disposal of any garbage within 25 feet from the area of the stall during operating hours. 3. Such stalls shall be designated by the City as permitting mobile or non -mobile street vendors, or either. 4. Cost Recovery. The City is empowered to recover all costs associated with the space allocation process as a separate special fee in the Schedule of fees. Sec 13-168Prohibited Acts: (a) Prohibition on vending in center median or vehicular right-of-way. No person shall stand, sit or remain on a street or on or within six (6) feet of the traveled portion of a highway or upon any center median strip, for the purpose of selling, offering for sale or advertising any product, property or service to the driver or passenger of any motor vehicle using the street or highway, unless participating in a city sponsored event and/or a city approved and permitted mobile vendor special event. (b) Schools and Parks. Vendors are prohibited from operating within five hundred(500)ft of schools between the hours of 7 AM and 3 PM, except in cases where the City of Opa-locka designates specific areas as permissible. Unless as a special condition granted by the City of Opa-locks as part of the license, vendors shall be prohibited from operating in a park during that park's hours of closure. (c) Offsets: No mobile vendor may vend or conduct business in such a manner as to restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles. (d) Prohibition of sales around Residential Areas. a. No Mobile Food Vendor shall conduct business within any single family residential zoning district, including townhouse districts, but may be located in such districts when serving and within one hundred (100) feet to a property with an active building permit.The zoning of the right-of-way shall be construed to be the same as that of the parcel which it abuts, up to the central median line of the overall right-of-way. b. No Mobile Vending Unit may operate within fifty (50) feet from a Single Family or Multi -Family residential use. Single -Family or Multi -Family residential use as defined in this section shall not include a residence that is part of a business or a Mixed -Use structure. c. All Mobile Vending Units between fifty (50) and one hundred (100) feet from a Single -Family or Multi -Family residential use must obtain the consent of seventy-five percent (75%) of the owners of the Single -Family or Multi - Family residential property within a one hundred (100) foot radius around the Mobile Vending Unit. Consent from the property owners must be original, signed, notarized, and dated within thirty (30) days from the date the vendor operates on said location. Sec. 13-169. Revocation of License (a) Licenses issued under the provisions of this chapter may be revoked by the City Commission after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation, or false statement contained in the application for license; (2) Fraud, misrepresentation or false statement made in the course of carrying on his business as street vendor; (3)Any violation of this Article; (4)Conviction of any crime or misdemeanor involving moral turpitude; (5)Conducting the business of street vending in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (6) Violations of established health department or business regulations. (b)Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address with a postmark of at least five (5) days prior to the date set for hearing. (c) The decision regarding the revocation of license by the City Commission shall be conclusive and final. (d) Any mobile vendor whose license has been revoked pursuant to the provisions of section shall be prohibited from participating in any mobile vendor special event until such time as the license has been reinstated. (e) Vendors who have had their license revoked may apply for a new license no earlier than three(3) months after the revocation of license. The Planning and Community Development Department shall consider prior revocations of licensing in its determinations of whether to issue a new permit. Sec 13-170 Permit Caps: The City of Opa-Locka may elect to adopt a permit cap on the overall and/or categorical number of vendors in the city. Any such cap shall be reviewed annually by the Planning and Community Development Department, and publicized at least thirty (30) days before the deadline for renewals of annual licenses. Sec 13-171 Exemptions: (a) Exemption from setbacks on distance requirements from residential areas shall only be permitted if it listed as a specific allowed use with the issuance of special events permitsissued by the City of Opa-locks. Such allowances shall be limited to the event in question.