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12 - Amend Zoning Ordinance to establish regulations for mobile food units and food truck parksItem No. 12 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Carla Easton, PE, City Engineer SUBJECT: REGULATIONS REGARDING MOBILE FOOD TRUCKS DATE: May 7, 2019 BACKGROUND: Mobile food units (or food trucks) have been a growing trend across the country since the late 2000s, and the food truck boom arrived in Paris over the last three to five years. City staff receives questions regarding food trucks on a recurring basis, but unfortunately we do not have regulations for this as a land use. With so many trucks operating in our city, it is becoming increasingly important to establish regulations to protect not only the patrons of these establishments (our citizens), but also our local stock of brick and mortar food establishments who invest in traditional development. STATUS OF ISSUE: The 2018 Comprehensive Plan Update acknowledges the need for zoning regulations associated with food trucks and food truck parks, with recommendation 15.12 - Establish means to appropriately manage mobile food vendors. In order to protect existing land uses while safely and appropriately accommodating this popular trend, staff recommends consideration and approval of modifications to the Zoning Ordinance regarding regulations of mobile food units within the City. The draft ordinance includes definitions, requirements for locations and operations, and specific regulations to establish a food truck park. On April 17th, staff met with a group of food truck owners to discuss the proposed ordinance and gather feedback. Ten stakeholders were present, representing eight different mobile food establishments. The following revisions have been made to the draft ordinance as a result of the meeting: 1. Add school districts. as acceptable location for operation (revised on page 2) 2. Provide for catering operations for private events (revised on page 2) 3. Provide specific insurance requirements for permit (revised on page 2) 4. Clarify the restroom requirement for temporary locations (revised on page 4) At the conclusion of the meeting, none of the stakeholders spoke in opposition of adopting these regulations. At the May 6th Planning and Zoning Commission meeting, the draft ordinance was discussed in further detail, and additional recommendations made for the final draft. The following changes were made by P&Z: 1. Remove the requirement for commercial liability insurance. 2. Allow temporary operations on property when the primary use is closed, instead using a fixed time of operations. 3. Remove item k, which prohibited portable seating at temporary operation sites. 4. Remove item 1, which required identification of a restroom for sites where the mobile food units operate for more than four hours. P&Z recommended approval of the ordinance with these changes by a vote of six to one. RECOMMENDATION: Approve proposed ordinance establishing regulations for mobile food units and food truck parks. Mobile Food Units are subject to the following regulations within the Paris City Limits: A. Purpose and Intent The purpose of this section is to allow for Mobile Food Units to operate within the City on private property and City -owned property for a limited period of time. This section also allows for Food Truck Parks as a principal use. This section does not apply to push -carts which require appropriate Health District permits and Temporary Vendor permits. Mobile Food Units operating within the public right-of-way require a Solicitor's permit and must comply with the operational requirements in this section and Chapter 24 of this Code. B. Definitions 1. Mobile Food Unit (Food Truck) An operational motor vehicle and/or enclosed trailer from which food and associated non-alcoholic beverages, are prepared, served and/or sold on , II r U i c (war private property for a period of time which exceeds 60 minutes or two instances of 30 minutes each day. This definition shall also apply to any seating, garbage and/or recycling containers, gear or equipment that is associated with the food truck's operation. 2. Food Truck Park (Court) — A property used or developed to accommodate one or more food trucks as the primary use of the property while possibly accommodating areas on the property for entertainment or recreational opportunities. Food truck courts must have a valid certificate of occupancy in addition to all other applicable permits and inspections, and accommodate all requirements of use. 3. Event Center- A facility consisting of multipurpose rooms, outdoor courtyards, or recreational facilities used for hosting social gatherings such as weddings, parties, receptions, dances, and festivals. 4. Operation Site -- The geographic area, not located within a food truck court, within which the food truck will park, prepare, and sell food and/or associated non-alcoholic beverages. This also includes areas where the food truck's customers go to consume food and/or non-alcoholic beverages sold from the food truck. The sale of merchandise other than food and non-alcoholic beverages shall not be permitted. C. General Requirements 1. A mobile food unit is allowed as a temporary food service operation that supports a commercial business office or industrial park in approved locations in the city, and in conformance with the Zoning Ordinance. 2. Accessory use only. Mobile food units are prohibited except as an accessory use supporting the following primary uses: -1 a. Commercial businesses located on lots zoned General Retail (GR), Commercial (C), Light Industrial (LI) and Heavy Industrial (HI); b. Event centers; c. Municipal parks and recreation facilities; d. School Districts, higher education facilities, corporate office campuses, and business/industrial parks, at which the mobile food unit provides service to the students or employees of the hosting organization; and e. Catering for private events where the mobile food unit is located on private property and will not adversely affect property access, traffic flow, or otherwise cause a nuisance to the area. a. Mobile Food Unit shall be parked a minimum of ten (10) feet from any structure. b. Catering operations shall be limited to 9:00 AM to 10:00 PM in residential areas. 3. Temporary in nature. Mobile food units are meant to be open on-site only on a temporary basis. As such, the following requirements shall be met: a. New connections to city water or wastewater infrastructure are prohibited; b. New electric meters are prohibited; and c. It shall be unlawful for the owner of a mobile food unit to park the vehicle overnight at the location of their associated primary use. 4. Permit required. a. An annual permit is required for the operation of a mobile food unit within the City Limits. The owner of the mobile food unit is responsible for obtaining the permit. First time permit applications are accepted and reviewed by the office of the building official prior to commencing any sales from the mobile food unit. b. Permission letters from the property owner(s) are required for the mobile food units' proposed locations during the calendar year. Such letters shall be required with the permit application. c. A copy of the e0f11YFuK,,,fi� �,.�H 11 I��y. il��:: �..::, r �K.�.� �ah���e,a �� ai���:e"y ::l 4:;, �, ��� �;�:e���,.�: �, r y �F��a G ,yy yy';irvy�y'Dy� , and Sales Tax Number for the mobile food unit is required with the permit application. d. A fee of fifty (50) dollars shall accompany the permit application to cover the cost of inspections by the building and fire departments. -2 DP, f4V FI'' 5106/,20 19 e. The mobile food unit permit is valid for 12 months from the date of issuance. Each mobile food unit vendor is responsible for obtaining a valid permit. f. The building official, in approving or denying such application shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated; health and sanitary conditions; and compliance with other regulations of this chapter. The chief building official shall have the right, upon finding that a hazard or nuisance shall exist by continuing such use, to revoke any temporary use at any time or to deny any extension. After which revocation, such temporary use shall immediately cease and all temporary structures shall be removed within ten days of notification of such finding. 5. Site location criteria. a. Mobile food units shall not locate on public streets. b. Mobile food units shall not be located within fifty (50) feet of a single family dwelling unit. This measurement shall be taken from the property line of the dwelling unit to the closest point of the mobile food unit location. c. Mobile food unit shall not locate in access drives, fire lanes, or alleys. d. Mobile food units shall not be located on sidewalks in or along the right-of-way without prior approval from the City. Approval may be granted if a minimum width of five (5) feet of sidewalk remains free of any obstructions. e. Mobile food units may not occupy any parking spaces needed for the minimum required parking for the primary use. f. Mobile food units shall be located a minimum of fifteen (15) feet from fire hydrants and five (5) feet from any utility box, ADA accessibility ramp, or building entrance. 6. Operational Requirements. a. The mobile food unit shall be in compliance with the Lamar County Health District regulations and applicable City building and fire department regulations. b. All signage and identification for the mobile food unit shall be on or attached to the vehicle. Menu items may be displayed on sandwich boards which are not attached to the vehicle. C. G"LLr I ""I,ii °, of LticJ,J ,.inn( v,�f,161n ll % Ire, lHfrl'ii lfr 1I1.1M` ftp Iti'�,�.ffJJ� (Jti'j ,EKI1f11ft„�� a. ��r �fftJ �� (Jflrt%l��Jf r[Ji,J,„ t`��r�l; tirrtI i1JL'f ri f 1 31)1 ,"�('to 1 00' M -3 b. "�d� (.b C iill,;l � ��IC7 ^l� 0.��1 i�4w1"� f4i 4°0 F`O, d. All food vending transactions shall occur from the vehicle. e. No trash or grease shall be left at the site after departure of the mobile food unit, except in existing on-site containers specifically designed for such waste. f. Vehicles, generators, and other equipment shall be maintained so as to be in operable condition at all times. g. Durable exterior -grade finishes and decorations shall be utilized for all exterior materials on the vehicle and shall be maintained in accordance with minimum property, structural and health standards. h. All Mobile Food Units must park on an improved surface unless they are located at an approved Food Truck Park and subject to the Park's conditions. i. No Mobile Food Unit may be located on a vacant lot. All Mobile Food Units shall provide self-closing lidded trash receptacles. The trash receptacle must be placed outside next to the unit for use by patrons of the unit. The area around the unit must be kept clean and free from litter, garbage, and debris. k. Njobile Food IT -4- -hall not tAilize poi4able sealing --- leea4ed at an appr-eved -Food i,.... 5 building that has h- eaen issued a valid eeftifiea e of oeeupane), sh --'-!:be pr-evided fer- the use yG,.��;���.;.;�yun ofthe f „a +v.,, k!s ., open ,... e as oployees c,,,.ti., mst- ,.,,m(s" must .�r.... m. Any unauthorized connection to the water system and/or unauthorized dumping of grease into the sanitary sewer system in conjunction with the operation of a mobile food unit in any way is strictly prohibited and is unlawful. C! Pi) B1 4CI :k 5'06/20!l D. Food Truck Parks 1. The City shall allow for Food Truck Parks as an acceptable land use in accordance with Section 8 of the Zoning Ordinance. A Food Truck Park shall be allowed by Specific Use Permit (SUP) in the General Retail (GR), Commercial (C), Light Industrial (LI) and Heavy Industrial (HI) zoning districts. A Food Truck Park shall be considered a primary use on a property and therefore is subject to all development standards applicable to the zoning of the property, including off-street parking requirements. All Food Truck Parks shall require a Certificate of Occupancy and be subject to the following requirements: a. All Food Truck Parks shall comply with all applicable regulations of the Lamar County Health District, adopted building codes, International Fire Code, this chapter, and all other applicable federal state and local laws. All Food Truck Parks shall be on legally platted lots. b. All Mobile Food Units shall be removed from the Food Truck Park upon closing of the park. If a commissary is provided on-site and the Mobile Food Unit is approved to use the site's commissary, then the Mobile Food Unit will not have to be removed from the site each day. c. On-site Manager: There must be a designated manager of the site that is responsible for the orderly organization of Mobile Food Units, the cleanliness of the site, and the site's compliance with all rules and regulations during business hours. d. Utility Service Required: Each site at the food truck court on which a food truck will be located and operated shall be provided hookups for electricity and potable water. Each individual food truck is not permitted to operate a generator at the site unless emergency circumstances necessitate the need for the use of a generator on a temporary basis not to exceed two hours within any given six hour period of time. e. Restrooms: Permanent restrooms located within a permitted building or structure must be provided on-site within the food truck court for the use of the food trucks' and the food truck court's customers, operators and employees. The minimum number and type of restrooms shall be determined based on the occupant load of the food truck court. Such restroom(s) must remain open and available for use at all times during which the food truck court is being used. No portable or temporary restrooms shall be allowed. f. Food Truck Parks may be standalone establishments or may be located on a property with other permanent uses (i.e. retail establishments). These properties shall be designed to be able to accommodate all required development standards for all primary uses. g. Food Truck Parks that are eligible to sell alcohol may do so provided they meet the -5 requirements of the Texas Alcoholic Beverage Code, Texas Alcoholic Beverage Commission and Paris City Code. Alcohol shall only be sold from a fixed location. h. Mobile Food Units shall not be parked on unimproved surfaces and at a minimum be parked on compacted gravel base, where approved by the Planning & Zoning Commission. i. Signs: One on premise sign is permitted at the entrance(s) identifying the Food Truck Park subject to the sign regulations for the applicable zoning district. Each Mobile Food Unit may have attached signage. j. Distance requirements (property line measurement): A Food Truck Park shall not be less than 100 feet from another Food Truck Park. k. Food Truck Parks adjacent to single-family zoned or used property (not including a mixed- use structure), shall provide a screening and buffering. 1. All Food Truck Parks not located in the Central Area District shall provide off-street parking. Off-street parking may be provided by way of shared or joint off-site parking arrangements within 1,000 feet of the park. m. Park owners are encouraged to provide for an aesthetically -pleasing environment which includes shade and seating elements in addition to pervious groundcover. n. All Food Truck Parks shall comply with the noise regulations in City Code. o. All Food Truck Parks shall comply with adopted floodplain regulations. 2. Site Plan Requirements: The site plan required for a Food Truck Park shall provide the following information for review: a. The land area included within the property, the zoning classification of adjacent properties, and all public and private rights-of-way and easements bounding and intersecting the site; b. A legal description of the platted lots of the proposed site and boundaries thereof, C. The locations of proposed permanent structures on the site and pads for Mobile Food Units, and identification of proposed outdoor entertainment locations and fixed seating areas; d. Location, width, and surface material of driving lanes and Mobile Food Unit pads; e. Location of fire hydrants; f. Dimensions and number of offsite parking spaces; g. Pedestrian walks, patios, an open areas for use by tenants or the public; h. Location, height, and materials of all screening mechanisms, IR ],Jig /gall,"k 5/06/201 �,' i. Location, size, height, and orientation of all lighting and signs; j. Location and number of provided seating and eating areas; k. Location and screening of refuse containers, mechanical equipment, and outside storage; 1. All proposed phasing of the park (if applicable); m. Location, height, separation of buildings, including restrooms; n. Location, size, and type of water and sewer services; o. Location of electrical services; p. Location and type of electrical outlets provided for each corresponding pad site; q. Any other items required by the Planning and Zoning Commission and the City Council. -7