Agenda - 06-21-2016 - 5-a - Minutes

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11 1 Commissioner Dorosin reviewed the parking issue. He asked if he had a business that 2 was required to have 10 parking spaces, would he need to insure that all 10 remain available if 3 a food truck was to be on site. 4 John Roberts asked if the example is from the point of view of the property owner or the 5 food truck owner. 6 Commissioner Dorosin said he is unclear on who is responsible. 7 John Roberts said it is his perspective that if a business must have 10 parking spaces 8 available, and a food truck arrives without causing major impact to the flow of business, it would 9 be acceptable, even if 10 spaces are not technically available. He said the Planning 10 Department may disagree with him on this point. He said it may be a problem if all the spaces 11 are filled and the food trucks arrive to wait for an open space, thus preventing customers from 12 having access to the business. 13 Commissioner Dorosin said that is problematic since these are the businesses spaces, 14 and he is giving up two of them. 15 John Roberts said it is only problematic if the issue is not resolved. He said if the 16 property owner received a violation, it could be addressed between the property owner and the 17 food truck owner. 18 Commissioner Dorosin said there needs to be more clarity on this issue. 19 Commissioner Burroughs asked if there are times when notices of parking lot violations 20 are given out. 21 John Roberts said he is not aware of any, but if it does arise, it is usually surrounding an 22 up fit of an existing property. 23 Craig Benedict, Orange County Planning Director, said the square footage, use and 24 necessary parking spaces for a building are determined during the site plan process. He said 25 the required number of parking spots must be built, and this is checked during the final 26 certificate of occupancy process. 27 Commissioner Burroughs said it is unlikely that the Planning Department would be 28 seeking to find food truck violations to cite. 29 Craig Benedict agreed with the Attorney that disputes would be resolved between the 30 property owner and the food truck owner. He said the County would likely only get involved if 31 the operation of the food truck is inconsistent with the UDO. 32 33 PUBLIC COMMENT: 34 Ashley DeSena said she agreed that the proposed time limits were a bit restrictive, but 35 did understand the desire to be respectful of the noise ordinance. She said she did not fully 36 understand the rational for prohibiting a food truck on residential or undeveloped properties, 37 outside of the given scenarios mentioned in the proposed language. She said as long as public 38 safety standards are met, and the food truck complies in all other ways, she would find it 39 acceptable to allow food trucks on residential property as well as undeveloped property. 40 Ashley DeSena asked if this issue had been presented to the Planning Board. 41 John Roberts said this would not go to the Planning Board because it is not part of the 42 UDO. 43 Ashley DeSena said she thought it would be good to go to the Planning Board to flesh 44 this issue out and gather more public input. 45 Commissioner Price said this came to the BOCC when Commissioner Rich petitioned to 46 make these food trucks available, but she finds this proposed language to be adversarial to the 47 food truck vendors. She agreed that these vendors should be held to the same health 48 regulations as any other food establishments. 49 Commissioner Rich said she does not understand the parking issue and asked if the 50 food truck has to get permission to go onto a property.