HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2014 - FIRST READING OF ORDINANCE NO. 065, 2014, AMENDINGAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY May 6, 2014
City Council
STAFF
Jessica Ping-Small, Revenue and Project Manager
SUBJECT
First Reading of Ordinance No. 065, 2014, Amending Chapter 15, Article XIV of the City Code Regarding
Outdoor Vendors.
EXECUTIVE SUMMARY
The purpose of this item is to amend Chapter 15 of the City Code regarding Outdoor Vendors with two minor
amendments to further support the outdoor vending community. In July 2012, City Council adopted new
outdoor vendor regulations based on a comprehensive study completed by staff. Since the inception of the
new regulations, staff has been monitoring the activity and working with the mobile vending community to
address opportunities for improvement to the Code. Staff is recommending two updates to address the
opportunities.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In early 2012, staff completed a comprehensive study of the existing Outdoor Vendor regulations including
extensive public outreach and review of peer city regulations. The outcome of the study was the adoption of
new regulations by City Council in July of 2012. The changes that were adopted addressed the following
primary themes in Chapter 15 of the Municipal Code and Article 3-5 of the Land Use Code:
City Code
Ability for vendors to operate in multiple locations and within public streets
More efficient licensing time frames - semi-annual and annual license options
Operating requirements
Clear definition of outdoor vendor types.
Land Use Code
Location, type, signage and operation regulations
Accessory use added to all non-neighborhood zoning districts
New general definition for outdoor vendors.
Since the inception of the new regulations, staff has worked closely with the outdoor vending community to
ensure compliance and ongoing success. Overall the new regulations have been received very positively. Staff
has received fewer than 5 complaints over the course of two years and there are currently over 25 outdoor
vendors licensed to do business in the City of Fort Collins.
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During the course of the past two years, staff has received feedback from the vendor community regarding
possible adjustments to the regulations to further improve the opportunities to vend citywide. The feedback
centered on two specific areas:
Current City Code limit of 4 mobile food trucks and 4 push carts (total of 8 vendors) during special
vending events on private commercial property
Current City Code limit of 1 vendor on private commercial property at a time
Additionally, vendors have also communicated a desire to hold large round-up or rally type of events on a
regular basis. Two options currently exist to accommodate these events: Special Event Permit issued by
Police Services and Parks Permit issued by the Parks Department.
Staff held two stakeholder meetings in March 2014 to solicit additional feedback and review possible solutions
to the current limitations. Based on the stakeholder meetings and additional research, staff is proposing to
address the concerns in two phases:
Phase 1
Time frame - Now:
Amend Chapter 15 of the City Code to remove the limitation of 4 mobile food trucks and 4 push carts
during Special Vending events and allow 8 outdoor vendors of any type.
o This amendment supports the vendors request to have 8 mobile food trucks at one time during
Special Vending events on private commercial property.
o Staff supports this change and does not consider it an encroachment on of the definition of
Accessory Use in the Land Use Code.
Amend Chapter 15 of the City Code to allow 2 vendors on private commercial property at a time.
o This amendment supports the desire of vendors and private commercial property owners to
have more than one food option and/or complimentary options such as a hot food truck and a
cold food or dessert truck.
o Staff supports this change and does not consider it an encroachment on of the definition of
Accessory Use in the Land Use Code.
Staff is working with the vendors to organize some large onetime events in Community Parks
throughout the city - no Code change required.
Phase 2
Time frame - Next 12 months:
Consider amending the Land Use Code to include “Outdoor Vendors” as a land use type similar to
Farmers’ Markets. The Planning Division has added this item to its list of possible amendments for
2015.
Continue to research possible opportunities for vendors to hold large events on a regular basis.
Potential solutions include:
o Additional amendments to the City and Land Use Code
o Utilization of City property in the downtown area
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Staff is proposing the phased approach because it provides immediate low impact solutions to accommodate
the 2014 summer season and provides additional time to research the long term opportunities and impacts of
expanding the City Code and Land Use Code.
Summary
Staff is recommending City Council adopt the ordinance to amend Chapter 15 of the City Code to allow:
Remove the Special Vending limitation of 4 mobile food trucks and 4 push carts and allow 8
vendors of any type as defined in Chapter 15 of the City Code.
Two vendors on private commercial property at one time - Code currently only allows one vendor.
PUBLIC OUTREACH
Staff held stakeholder meetings on March 25 and 31 to solicit additional feedback and review possible
solutions to the current limitations. The stakeholder meetings were very well attended and included the
majority of the licensed mobile vendors, members of the Downtown Development Authority and
representatives from private industry including local breweries.
Additional outreach will be conducted as part of Phase 2 of the review.
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ORDINANCE NO. 065, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XIV OF THE
CODE OF THE CITY OF FORT COLLINS REGARDING
OUTDOOR VENDORS
WHEREAS, on July 17, 2012, the City Council adopted Ordinance No. 058, 2012,
making numerous amendments to Article XIV of Chapter 15 of the City Code, to update and
expand the licensing of outdoor vendors in Fort Collins and establish related requirements (the
“Outdoor Vendors Code”); and
WHEREAS, the 2012 amendments were made to address the growing trend and demand
in Fort Collins for mobile food trucks and other outdoor vendors; and
WHEREAS, since these amendments were adopted, City staff has worked closely with
the outdoor vending community to ensure compliance with the Outdoor Vendors Code and the
ongoing success of vendors operating under it; and
WHEREAS, while the Outdoor Vendors Code has worked well during the past two years,
City staff has received feedback from outdoor vendors requesting two amendments to it to
expand the opportunities available to them to conduct their businesses within the City; and
WHEREAS, the first amendment would remove the current limitation that not more than
four outdoor vendors of any single vendor type, such as mobile food truck vendors or pushcart
vendors, can make up the maximum of eight outdoor vendors allowed for a temporary event
conducted under a special vending license; and
WHEREAS, removing this limitation would allow any combination of outdoor vendors
not exceeding a maximum of eight to serve a licensed event; and
WHEREAS, the second amendment would increase from one to two the number of
outdoor vendors that can operate at one time on a parcel of land when not operating under a
special vending license or under a license for special events; and
WHEREAS, these two amendments are reasonable adjustments to the Outdoor Vendors
Code that will allow outdoor vendors more flexibility in providing their services in Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 15-382(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-382. License required.
. . .
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(c) The Financial Officer may issue a special vending license to a person responsible
for an occasional, temporary event located solely on a single private lot when the event
does not require the issuance of a special events permit under Chapter 23.5 of this Code.
Notwithstanding the provisions of § 15-386 and § 15-387 of this Article, the requirements
applicable to outdoor vendors operating as part of a special vending license event shall be
determined by the Financial Officer on a case-by-case basis, taking into consideration the
location, nature and scope of the special vending event, and any related circumstances.
Upon the issuance of such special vending license, an outdoor vendor operating within
the terms of and as part of a special vending license shall not be required to obtain a
separate outdoor vendor license for that operation. Any special vending license shall be
subject to the following restrictions and limitations:
(1) No more than four (4) such licenses shall be issued for a specified
property during any calendar year;
(2) No more than four (4) outdoor vendors of any single vendor type may
participate as part of a licensed event;
(32) No more than a total of eight (8) outdoor vendors may participate as part
of a licensed event; and
(43) The number and type of outdoor vendors to be allowed as part of a
licensed event shall be determined by the Financial Officer based on the specific
circumstances of the proposed event, including, but not limited to, the location of
the event, the size of the lot where the event is held, the types of surrounding land
uses and their proximity to the event, and any other potential impacts on public
health, safety and welfare that the proposed event may have.
. . .
Section 2. That Section 15-387(k) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-387. Restrictions and operation.
. . .
(k) No more than one (1)two (2) outdoor vendors of any specified type may be
licensed to operate on any lot, tract or parcel of land, except that this limitation shall not
apply to special vending licenses and licenses for special events as described in § 15-382
of this Article.
. . .
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Introduced, considered favorably on first reading, and ordered published this 6th day of
May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 20th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk