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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/15/2016 - ITEMS RELATING TO PROPOSED OUTDOOR VENDOR REQUIREMAgenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 15, 2016 City Council STAFF Pete Wray, Senior City Planner SUBJECT Items Relating to Proposed Outdoor Vendor Requirements. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 079, 2016, Amending Article XIV of Chapter 15 of the Code of the City of Fort Collins Regarding Outdoor Vendors. B. Second Reading of Ordinance No. 080, 2016, Amending Articles 3, 4 and 5 of the Land Use Code Regarding Outdoor Vendors. These Ordinances, unanimously adopted on First Reading on June 21, 2016, amend the City Code and Land Use Code to update property owner and outdoor vendor requirements. The intent of the original 2012 Code provisions for outdoor vendor operations was to manage a mobile operation and address specific mobile vendor impacts and requirements as a temporary, accessory land use. The proposed changes clarify and distinguish between two primary outdoor vending operations, mobile and stationary, including land use locational requirements for vending on privately-owned lots. On July 5, 2016, on Second Reading, Council postponed this item to November 15, 2016. The postponement was intended to allow more time for staff to coordinate with outdoor vendors and affected property owners related to potential Downtown stationary vending locations and a new food truck park concept. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. BACKGROUND / DISCUSSION Staff met with vendors and provided information to affected business owners interested in stationary vending. Representatives of the NOCO Food Truck Alliance met with staff to discuss two key issues. First, the proposed exclusion of stationary vending in the Downtown area is considered overly restrictive. Potential vending locations in the Downtown are limited to begin with. The few breweries located in the Downtown zone would be precluded from having vending at their business for more than three days per week; all other breweries would be allowed to have stationary vending, resulting in inconsistent treatment between businesses. Based on this continued feedback, staff is prepared to add stationary vending as a permitted use in the Downtown zone with the requirement that the vending vehicle is prohibited from parking overnight at the same vending location, unless the vehicle is owned by the property owner or principal business. This will address the concern of vehicles left unattended between and after vending in the same locations. The vendors have also expressed interest in exploring a new type of vending operation in the City referred to as a food truck park. The concept includes a private location where multiple vendors can operate on a more permanent basis. The vendors have requested additional time beyond November 15 to pursue this option. Agenda Item 2 Item # 2 Page 2 The vendors plan to coordinate with staff early next year by providing more information and a possible schedule for moving forward. Since First Reading, the following proposed amendments are included in the Ordinances on Second Reading: Ordinance No. 079, 2016:  Provides that these amendments to the City Code and Land Use Code will not go into effect until January 15, 2017. This will give vendors and affected property owners additional time to adjust their operations to be consistent with these new regulations. Ordinance No. 080, 2016:  Provides that these amendments to the City Code and Land Use Code will not go into effect until January 15, 2017. This will give vendors and affected property owners additional time to adjust their operations to be consistent with these new regulations.  Creates a process whereby a property owner may apply for a minor amendment to allow stationary vending on their property located within the Downtown zone district. ATTACHMENTS 1. First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 21, 2016 City Council STAFF Pete Wray, Senior City Planner Peggy Streeter, Senior Sales Tax Auditor Noah Beals, Senior City Planner/Zoning SUBJECT Items Relating to Proposed Outdoor Vendor Requirements. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 079, 2016, Amending Article XIV of Chapter 15 of the Code of the City of Fort Collins Regarding Outdoor Vendors. B. First Reading of Ordinance No. 080, 2016, Amending Articles 3, 4 and 5 of the Land Use Code Regarding Outdoor Vendors. The purpose of this item is to amend the City Code and Land Use Code to update property owner and outdoor vendor requirements. The intent of the original 2012 Code provisions for outdoor vendor operations was to manage a mobile operation and address specific mobile vendor impacts and requirements as a temporary, accessory land use. The proposed changes clarify and distinguish between two primary outdoor vending operations, mobile and stationary, including land use locational requirements for vending on privately-owned lots. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. Staff recommends Council consider allowing a six (6) month amortization period be implemented to delay enacting new Code requirements, until approximately January 15, 2017. BACKGROUND / DISCUSSION In 2012, the City of Fort Collins implemented new regulations to better manage and support outdoor vendors operating in the City. In 2014, in response to evolving vendor needs, the City implemented additional allowances for the number of vendors operating on private lots and food truck rallies. Now that these operations have been active for a few years, the City is re-evaluating the overall operations of outdoor vendors in response to recent concerns over the level of mobility and length of time certain vendors are remaining on the same locations. While initially focusing on food truck vendors, staff has identified other vendor types and operation conditions that need to be assessed as part of this update. Most outdoor vendors with vehicles move around the City regularly and, as a result, are “mobile.” However, over the past few years some outdoor vendors, including food truck and trailer operators, have set up semi- permanent locations for vending on private lots, reflecting a less-mobile operation. The intent of the Code for outdoor vendor operations using vehicles was to ensure a mobile operation and it addressed the specific impacts and requirements of a mobile operation. Such impacts and requirements of a mobile operation are different when the mobile operation becomes more stationary in the same location for extended periods of ATTACHMENT 1 Agenda Item 9 Item # 9 Page 2 time. Non-mobile vendors become more akin to a brick and mortar restaurant business without accounting for the impacts associated with a brick and mortar business such as improving private and public infrastructure, providing additional parking, paying building permit fees, and providing access to public restrooms. The recent examples mentioned above of outdoor vendors operating on the same privately owned lot on a continuous basis are not meeting the underlying intent of being temporary or mobile. Outdoor food vendors are required by the State and County to work out of, and return to, an approved commissary kitchen each day they vend. These stationary vendors need to comply with the same health requirements for their food truck and associated commissary kitchen as other mobile food truck vendors, and as brick and mortar restaurants do for their fixed location restaurants. Staff has also observed other vendor types that sell non-food items out of a vehicle operating on a stationary basis in the same locations. Regulatory Options-Other Cities When considering the land use regulatory options available, staff reviewed 25 land use codes from across the country that indicated a wide range of ways in which communities regulate mobile food vending from a zoning and licensing standpoint on both public and private property (Attachment 5). The primary elements evaluated included requirements for site location, duration of stay, hours of operation, and the permitting system used. Location Fort Collins, like most communities and aside from neighborhood vending, allows mobile outdoor vending within commercial, industrial, employment and other non-residential zone districts. Some communities make a distinction between vending on public property, which often requires a license but is not regulated by zoning, and private property, which sometimes requires a separate land use permit and is regulated by the land use code. When permitted on private property, land use standards almost universally require evidence of property owner approval for the mobile vendor to operate. Duration The length of time food trucks are permitted to stay in one place varies widely by community, and often is related to where outdoor vending is permitted. Some communities allow outdoor vending on public property but prohibit overnight parking. In contrast, some communities allow outdoor vending on private property for up to 30 days or more at one location. For example, Grand Rapids, MI, allows concession sales for up to 200 consecutive days over 12 calendar months. Hours of Operation Limitations to hours of operation vary greatly. Some communities limit hours of operation to lunchtime and others allow sales from early in the morning to late in the evening. Some communities place no time limits on these operations in their zoning regulations. Licenses and Permits Most communities require permits or licenses regardless of whether the trucks operate on public or private property. It is also common for the community to reference compliance with other codes, particularly State or County health codes. While all of the communities surveyed require a sales/use tax license or permit, separate land use permits are less common. Some examples of communities that require a separate land use permit include: Agenda Item 9 Item # 9 Page 3  City of Denver - Zoning Permit required if on private property  City of Georgetown, TX - Temporary Use Permit, including a site plan and property owner consent, and evaluated by City staff and referral agencies  City of Raleigh, NC - Zoning Permit, including site plan and property owner consent.  City of San Francisco, CA - Allows both permanent and mobile uses. Permanent use requires compliance with all standards of a bricks-and-mortar restaurant/Temporary use-requires Temporary Use Authorization Staff identified four categories for potential Land Use Code, City Code, and administrative process changes for addressing issues associated with outdoor vending: 1. Management of mobile outdoor vending operations, citywide; 2. Addressing the recent trend of vendors operating on a semi-permanent and stationary basis on same private location; 3. Consider an appropriate land use and zoning review process for managing outdoor vending operations by location and associated compliance, in addition to existing Outdoor Vendor Licensing requirements; and 4. Assess support for a new separation requirement for outdoor food vendors operating near existing fixed- location restaurants. 1. Mobile Outdoor Vendors The issue of mobility is not limited to food truck vendors. In reviewing outdoor vendor categories, some vendor types were not evaluated such as Christmas tree lots, car washes, pumpkin patch sales, and transportation related vendors. Outdoor vendors using vehicles, including trucks, trailers and push carts, were assessed together for consistency in considering changes to operational requirements. While most of these outdoor vendors serve food, some are vending non-food items on a more stationary basis in the same location. In April, 2016, an online questionnaire was posted asking for feedback on maximum length of time a vendor is allowed to stay on a private lot per day. Approximately 66% of respondents did not support new restrictions, 13% for on-site limits for up to 12 hours, and 5% supporting on-site limits for 8-10 hours. As mentioned previously, some vendors are operating on a semi-permanent basis on the same private lot. In order to determine an appropriate strategy for responding to this semi-permanent operation, staff first needed to better define a mobile outdoor vending operation and location requirements. Staff met with vendors to assess minimum operating needs on a daily and weekly basis and locations for vending. Generally, vendors operate between 4-9 hours per day and 2-3 days per week at the same location. Food vendors also need to meet Larimer County health requirements. This information was used to determine an appropriate regulatory framework for vending operations and locational requirements. Staff has identified additional City Code and Land Use Code requirements to ensure that outdoor mobile vendors operating on a daily basis move vehicles after vending based on new operation and location requirements reflective of a mobile operation. Staff believes the proposed changes are reasonable while continuing to support these small businesses and not overregulate their operations. Outdoor vendors are still categorized as a temporary and accessory use. Highlight of proposed new Code requirements for mobile outdoor vending:  New definitions for approved vending location, type of vendor, and clarification for outdoor mobile vendor operations  No more than three days at same approved vending location per week - no other vending allowed at that location during the remaining days of week, unless property owner obtains a minor amendment  No more than ten hours of active vending operations on the same location per day  Vehicle not allowed to be left unattended at the approved vending location for more than short breaks, or overnight In discussing potential changes with the vending community, these new provisions were generally supported to ensure more mobility while not being overly restrictive for normal mobile vending operations. Most outdoor Agenda Item 9 Item # 9 Page 4 vendors operate consistent with these proposed standards on a daily basis. A majority of participants taking the online questionnaires did not support any new requirements (Attachments 1-3). 2. Stationary Vendors Recent examples of outdoor vendors operating on the same privately owned lot on a continuous and semi- permanent basis are not meeting the underlying intent of being temporary or mobile. Staff has identified this type of vending operation as “stationary.” Outdoor food vendors are required by the State and County to work out of and return to an approved commissary kitchen each day they vend. These stationary vendors need to comply with the same health requirements for their food truck and associated commissary kitchen, as brick and mortar restaurants do for their fixed location. Consequently, County Health officials have been contacted to help address this issue. The number of outdoor vendors operating on a semi-permanent and stationary basis is limited to approximately 5 out of 25 currently licensed outdoor vendors. Staff has also observed a few of these stationary vendors leaving their vehicle unattended between vending operations and overnight. While staff initially focused on mobile operations, this type of stationary operation needs to be addressed as well. These vendors need to comply with not only County health requirements and move off-site daily, but also City Code requirements for this type of operation. Staff has also observed other vendor types that sell non-food items out of a vehicle operating on a stationary basis in the same locations. Other mobile food truck vendors operating in Fort Collins are concerned of unequal treatment by the City between mobile and stationary operations, including leaving vehicles unattended, and length of time at same location. The online questionnaire results (87% of respondents) strongly support allowing these stationary vendors to operate in the City. Staff researched other communities and found most implement more restrictive requirements for outdoor vendor operations than existing Fort Collins regulations, particularly in downtown areas (Attachment 5). As a result, staff has developed a new option for stationary vending, including an additional administrative process and Code requirements to permit these outdoor vendors to operate in the same location on a continuous basis, except in the downtown area. In the Downtown Zone, staff supports only allowing mobile vending operations to minimize impacts. Compared to other non-residential zones in the City, the downtown is unique, reflecting a high density commercial core, vibrant streetscape environment, and significant pedestrian circulation and activity. Staff is proposing to not allow stationary vendors to operate in the downtown zone for the following reasons:  The street sidewalk and plaza space is limited in area and pedestrian circulation should not be impeded by potential use of large vending trucks and trailers.  To minimize conflicts between principal business operations and needs and access and outdoor vehicle vending needs and access on same location by potential use of large vending trucks and trailers.  Address safety concerns associated with stationary and, at times, unattended vehicles left for extended periods of time on active public spaces  Address aesthetic impacts of semi-permanent and stationary vehicles in the same location for extended periods of time at prominent locations (in some cases poorly maintained vehicles), potentially diminishing the attractiveness of this highly valued community destination. The existing City and Downtown Development Authority Concession Agreements for vendors are separate from and excluded from these proposed stationary vending requirements in the downtown area. Outside of the downtown area, opportunities exist for stationary vendors to pursue this type of operation with permission by the property owner through a Minor Amendment process. Staff considered enactment of a land use permit process in addition to the existing Outdoor Vendor Licensing Permit for stationary vending, but did not bring an option forward as a separate permit would be burdensome given the low impact and temporary nature of the food vending use. Unlike the communities cited above, Fort Agenda Item 9 Item # 9 Page 5 Collins does not have a Temporary Use Permit nor a Zoning Permit within its regulatory structure; virtually all uses are essentially treated as “permanent” (the exception being temporary construction trailers). Further, the information gathered through the existing sales and use tax licensing process requires essentially the same elements, i.e., a site plan and property owner consent as would a land use approval, so a permit process for a mobile vending use would be redundant. Stationary vending is still categorized as an accessory use and temporary since vehicles continue to move daily. Staff assessed the spectrum from a truly temporary mobile operation to a permanent, fixed location business. A permanent use has a significantly higher level of required improvements and costs than a temporary use. Other communities that allow stationary vending include, in some cases, a lengthy review process and considerably higher fees. This new stationary vending type, while reflecting closer resemblance to a fixed-location business, is still being considered a temporary and accessory use. Staff supports this new vending type, with a review process and fee structure that places more responsibility on the business or lot owner. Highlight of proposed key new code requirements for stationary vending  New definition for stationary vending (more than three days per week at same private lot location)  Minor Amendment initiated by owner and approved by zoning staff  No more than ten hours of active vending operations on the same location per day  Vehicles are not allowed to be left unattended for more than short breaks, or overnight, unless owned by principal business  Not permitted in the Downtown Zone In most cases, outdoor vendors will need to store their vehicles at a different location than the approved vending location each night. 3. Administrative Compliance Review The Sales Tax Office administers outdoor vendor licensing as part of the Finance Department. Consistent with current practice, Code compliance is currently monitored in response to complaints received by staff and the public. Outdoor vendor operation violations are investigated, communicated, and may result in suspension or revocation of license for non-compliance. The Finance Department does not have the necessary resources in place to provide a more active compliance management role. Compliance is expected to remain on a complaint basis. Vendors are aware that if they violate license requirements, they run the risk of losing their business operations for that applicable license term. The zoning staff administers land use and zoning for outdoor vendor locational requirements. Staff will have access to Outdoor Vendor License Applications to review applicable zoning and locational requirements and field verify as needed. Land Use Code compliance is currently monitored in response to violations observed by staff and complaints received from the public. Including zoning review provides additional oversight and management along with the Sales Tax Office. Zoning staff will provide compliance review on a complaint basis and coordinate with Sales Tax staff to ensure License requirements are being met. The proposed zoning review and compliance for mobile outdoor vendors will not result in any new fees to the outdoor vendor. Stationary vending will require a Minor Amendment process which is typically processed administratively. The Minor Amendment will review the original approved plan for that property to add an accessory use with the existing Principal Use at the same location on a stationary basis. The request for a Minor Amendment will be submitted by the property owner or representative; this review will also verify appropriate zoning, vending location, and operation requirements. With a Minor Amendment approval, the Outdoor Vendor Licensing application can be completed. With approval of the Minor Amendment, any future stationary vendor can operate at this location with approval by the owner. The Minor Amendment process will result in an administrative review fee of $350 (existing fee), reflecting a one-time action by the owner. Agenda Item 9 Item # 9 Page 6 The Building Inspection Office will continue to assess compliance of outdoor vendors for health and safety issues as needed. 4. New separation requirement between food truck vendor operations and existing brick and mortar restaurants Staff has explored requirements for a new separation requirement between outdoor food vendors operating near existing brick and mortar restaurants to warrant a potential Code amendment. An online questionnaire was available starting in March, 2016, and open until April 29 (Attachment 2). The total number of people taking the questionnaire was 1,009. Of those participants, 58 were business owners and 26 owned or operate an existing brick and mortar restaurant in the City. When asked if they are concerned with food truck vendors operating within close proximity to existing restaurants (572 participants), 12 responded yes, and 507 responded no. The next question asked which separation requirement is supported, ranging from no requirement to separation greater than 500 feet. Of the total number of respondents, 78% supported no separation requirement (660 out of 850 respondents). Of the total number of respondents taking the questionnaire, very few (less than 20) restaurant owners or managers participated. In an attempt to get more feedback, staff initiated a separate mailing to 317 restaurant owners or managers in the City to encourage them to take this questionnaire (Attachment 3). The results of this focused outreach included 8 participants, with only 5 responding that they are concerned with vendors operating within close proximity to existing restaurants and they also supported a 500 foot separation requirement. A single respondent supported a separation requirement greater than 500 feet. In 2012 this topic was discussed at length, including extensive public outreach. An online questionnaire included 583 respondents, with approximately an equal number of respondents supporting some separation between vendors and existing restaurants and no buffer requirements. Staff provided a recommendation to City Council to support a 200 foot separation (one-half of a downtown City block) between food truck vendors and existing restaurants; City Council did not support this requirement. To date there are no separation requirements between two restaurants selling similar food products, and no separation requirement between food vendors operating Downtown as part of Concession Agreements managed by both the City and Downtown Development Authority and nearby restaurants. Staff has researched other communities having a separation requirement and the results range across the board, from no requirements to as much as 1,500 feet. Typical separation requirements are between 200-400 feet. The online questionnaire included the following separation distances: Which of the following separation requirements do you support - between existing brick and mortar restaurants (front entrance) and food truck vendor operations in the City?  No new separation requirements  50 foot separation  100 foot separation  200 foot separation  300 foot separation  400 foot separation  500 foot separation  Greater than 500 feet Based on public feedback to date, there is not sufficient public support for implementing a new separation requirement between food vendors and existing restaurants. Only a few restaurant owners have expressed concerns through either the questionnaire or other forms of public engagement. Since 2012 the situation has been driven by the market and free trade practices. Based on analysis and feedback, staff is not recommending the proposed Ordinances include a separation requirement. Agenda Item 9 Item # 9 Page 7 Process and Regulatory Recommendations Staff recommends the proposed changes to Chapter 15, Article XIV of the City Code related to outdoor vending license requirements to manage mobile vending operations. Staff recommends the proposed changes to the Land Use Code related to outdoor vending for land use, zoning and locational requirements. The proposed changes address the identified issues to a certain extent, while balancing the need to not overregulate these small outdoor vending businesses and associated property owners. CITY FINANCIAL IMPACTS The proposed Minor Amendment for stationary vending will result in a new fee of $350.00 by the private lot owner with stationary outdoor vending on that lot. This proposed fee reflects the same standard fee for all Minor Amendment applications. BOARD / COMMISSION RECOMMENDATION On June 9, 2016, the Planning and Zoning Board voted (7 – 0) to recommend that City Council approve an ordinance with limited revisions and additions to Articles Three, Four and Five of the Land Use Code for new outdoor vendor requirements, specifically that 1) Mobile vending and stationary vending be defined; and that 2) A minor amendment process be required for stationary vendors on private property. (Attachment 6) PUBLIC OUTREACH The proposed update for outdoor vendor requirements included a public outreach process for a portion of 2015 and extending to May, 2016. Three online questionnaires were used to gain additional feedback and feedback was summarized in separate reports (Attachments 1-3). Community engagement opportunities included meetings with the general public, vendors, and businesses (Attachment 4). Project information was available on the City’s website with regular updates including proposed ideas, schedule and meeting dates. Outreach Activities  Public Meetings (October 22, 2015, and March 3, 2016)  Vendor Meetings (September 24 and November 9, 2015; and April 20, May 9, and June 2, 2016)  Online Questionnaires (September - October, 2015; March - May, 2016; April - May, 2016 for restaurants) ATTACHMENTS 1. Online Questionnaire #1 Results (PDF) 2. Online Questionnaire #2 Results (PDF) 3. Online Questionnaire #2A Results - Restaurants (PDF) 4. Outdoor Vendor Meetings Summary (PDF) 5. Peer City Review - Regional Outdoor Vendor Regulations (PDF) 6. Planning and Zoning Board minutes, June 9, 2016 (draft) (PDF) 7. Powerpoint presentation (PDF) -1- ORDINANCE NO. 079, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE XIV OF CHAPTER 15 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 various amendments to Article XIV of Chapter 15 of the City Code to update and expand the licensing of outdoor vendors in Fort Collins and to establish related requirements; and WHEREAS, on July 17, 2012, the City Council concurrently adopted Ordinance No. 057, 2012, making various amendments to Articles 3, 4, and 5 of the City’s Land Use Code to define and regulate outdoor vendors in zones throughout the City; and WHEREAS, these 2012 City Code and Land Use Code amendments were adopted to address the growing trend and demand in Fort Collins for mobile food trucks and other outdoor vendors, and such amendments addressed the specific impacts on the community and requirements of mobile food trucks and other outdoor vendors; and WHEREAS, instances of mobile food trucks and other outdoor vendors located semi- permanently or permanently at a fixed location on private property have been observed, essentially becoming “stationary vendors”; and WHEREAS, mobile food trucks and other outdoor vendors located semi-permanently or permanently at a fixed location create different impacts and have different requirements than those originally contemplated under the City Code and Land Use Code amendments made in 2012; and WHEREAS, the current City Code does not distinguish between semi-permanent or permanent outdoor vendors from more mobile outdoor vendors resulting in equal treatment of potentially unequal impacts; and WHEREAS, the City Council finds it reasonable to further amend Article XIV of Chapter 15 of the City Code to address the different impacts and requirements created by mobile food trucks and other outdoor vendors located semi-permanently or permanently at a fixed location; and WHEREAS, in order to allow the City’s currently licensed outdoor vendors time to adjust their future operations to the Code amendments adopted in this Ordinance, it is City Council’s intent that these amendments not go into effect until January 15, 2017; and WHEREAS, the City Council further finds that the adoption of these Code amendments is necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the definition of “Outdoor vendor” contained in Section 15-381 of the Code of the City of Fort Collins is hereby amended to read as follows: Outdoor vendor or vendor shall mean any person, whether as owner, agent, consignee or employee, who sells or attempts to sell, or who offers to the public free of charge, any services, goods, wares or merchandise, including, but not limited to, food or beverage, from any outdoor location, except that outdoor vendor shall not include a person who: Section 3. That the definition of “Private” contained in Section 15-381 of the Code of the City of Fort Collins is hereby amended to read as follows: Private shall mean relating or belonging to an individual or non-governmental entity as opposed to the public or government. Section 4. That Section 15-381 of the Code of the City of Fort Collins is hereby amended by the addition of four new definitions, “calendar week”, “stationary vending”, “stationary vendor”, and “vehicle” which read in their entirety as follows: Calendar week shall mean a week beginning with Sunday and ending with Saturday. Stationary vending shall mean an outdoor vendor vending from the same private parcel of land or lot for more than three (3) consecutive calendar days, or for more than three (3) calendar days within a single calendar week from a mobile food truck, pushcart or any other vehicle. Stationary vendor shall mean an outdoor vendor who engages in stationary vending. Vehicle shall mean a device capable of moving itself, or being moved, from place to place upon wheels or endless tracks. Section 5. That Section 15-384 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-384. - Contents of application. (a) The application shall contain the following information: . . . (6) An address or legal description for each location on private property and an address or other description acceptable to the Financial Officer for each public right-of-way location and any other location for which the application is made; -3- (7) Written consent of the property owner if the location for which the application is made is on property that is not public right-of-way; (8) Proof of liability insurance as required by Subsection 15-387(c) of this Article; (9) A plan of each (not every) location on private property for which the application is made, showing the location of existing and proposed structures, access, equipment and parking; (10) Documentation of a sales and use tax license in good standing issued by the Colorado Department of Revenue, the County and the City; (11) For the vending of food, documentation of regulatory approval as a retail food establishment by the County (12) For an application to engage in stationary vending, documentation that the owner of the private property from which the stationary vending is proposed to be conducted has received under the Land Use Code all approvals required for such vending on that property. Section 6. That Section 15-386 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-386. - Requirements for issuance. . . . (b) In addition to the licensee's name, address and telephone number, the license shall contain the following: (1) The type or types of vendor operation the licensee will conduct (i.e., mobile truck vendor, stationary vendor, pushcart vendor, etc.); (2) The period of time for which the license was issued; (3) The hours and days of operation; (4) The designated location or locations, including specified types of public rights-of-way, as applicable; (5) A brief description of any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device to be utilized by the licensee; (6) Any special terms and conditions of issuance; -4- (7) A statement that the license is personal and is not transferable in any manner; (8) A statement that the license is valid only when used at the location or locations designated on the license; and (9) A statement that the license is subject to the provisions of this Article. Section 7. That Section 15-387 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-387. - Restrictions and operation. (a) No licensee may use, for the purpose of on-site storage, display or sale, any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device not described in the license. (b) The vehicles, structures, devices and other similar items described in the license for any outdoor vendor shall not be located by the vendor in any of the following manners or places: (1) In any on-street parking space that is not parallel to the adjacent street; (2) In any public parking space in a manner that does not comply with applicable parking regulations or a properly issued parking permit for the use of said parking space; (3) Upon a public sidewalk within the extended boundaries of a crosswalk; (4) Within ten (10) feet of the extension of any building entranceway, doorway or driveway; (5) Upon a public sidewalk within the Downtown Zone District, as defined and established in Article 4 of the Land Use Code (except as a concessionaire of the City); (6) Upon a public right-of-way, or public street, alley or sidewalk within a City park or other City facility (except as a concessionaire or pursuant to a permit issued for operation in a park or recreation area or on a trail pursuant to Subsection 23-203(d) of this Code, or for operation at another City facility pursuant to a facility-specific permit issued by the City); (7) In any location in which the vehicle, structure or device may impede or interfere with or visually obstruct: a. the safe movement of vehicular and pedestrian traffic; -5- b. parking lot circulation; or c. access to any public street, alley or sidewalk; or (8) Left theWith respect to mobile food trucks, pushcarts orand other vehicles from which the vendor vends, outdoors between overnight from 3:00 a.m. toand 7:00 a.m. outdoors overnight (3:00 a.m. to 7:00 a.m.) at any location authorized in the vendor’s license, unless the vendor is a stationary vendor and is the owner of the licensed location or of the principal business on the licensed location. (c) No licensee shall operate during the hours of 3:00 a.m. to 7:00 a.m. (d) Each licensee who, during the course of its licensed activities, operates within or enters upon a public right-of-way or publicly owned property shall maintain liability insurance in an amount to be determined by the Financial Officer according to administrative regulation with proof of the same to be presented at the time of submission of the application. Any licensee who fails to provide proof of such insurance shall be prohibited from operating within or entering upon such property. (e) Each licensee shall pick up and dispose of any paper, cardboard, wood or plastic containers, wrappers or any litter which is deposited within twenty-five (25) feet of the designated location or within twenty-five (25) feet of the point of any sale or transaction made by the licensee if the radius of the designated location exceeds twenty-five (25) feet. The licensee shall carry a suitable container for the placement of such litter by customers or other persons. (f) Each licensee shall maintain in safe condition any vehicle, structure, device or any other similar item described in the license, so as not to create an unreasonable risk of harm to the person or property of others, and shall use flashing lights and other similar warning and safety indicators when stopped to vend services in any location in a street right-of-way. (g) No licensee shall leave unattended for more than fifteen (15) minutes at any one time while vending any vehicle, structure, device or any other similar item described in the license, on a public right-of-way or at any licensed location, or place on public sidewalks or in public streets or alleys any structures, canopies, tables, chairs or other furniture or equipment. (h) Each licensee shall prominently display the license issued hereunder in a location readily visible to the public on each vehicle, structure, device and any other similar item described in the license. (i) Each licensee operating in an on-street location must serve the public only from the sidewalk and not from the street or adjacent parking spaces. -6- (j) Each licensee shall comply with the provisions of all applicable ordinances of the City as well as the requirements of all state and federal laws, including, but not limited to, City noise restrictions, sign regulations, limitations on discharge of liquid waste, sales and use tax requirements and food safety and other related requirements established by State or County regulation. (k) No more than two (2) outdoor vendors of any specified type may be licensed to operate concurrently 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. (l) Each licensee shall have an affirmative and independent duty to determine the safety and suitability of any particular stopping point or location of operation, both in general and at any particular time and to operate in a manner reasonably calculated to avoid and prevent harm to others in the vicinity of the licensee's operations, including, but not limited to, potential and actual customers, pedestrians and other vendors or vehicles. (m) No licensee shall operate from a location that is not authorized in the licensee’s license. (n) Licensees that vend from mobile food trucks, pushcarts or any other vehicles shall not operate from a location approved in the licensee’s license for more than three (3) consecutive calendar days, or for more than three (3) calendar days within a single calendar week, unless the licensee is authorized in the license to operate as a stationary vendor at that location. (o) No licensee shall vend for more than twelve (12) hours per calendar day from any one (1) location approved in the licensee’s license. (p) The following additional requirements shall apply to particular types of outdoor vendor licensees, as specified: (1) Mobile food truck vendors shall: a. Vend only on lots in non-neighborhood zone districts or on streets in locations in non-neighborhood zone districts where parallel parking is allowed; b. Not stop to vend within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade; c. Vend only food and nonalcoholic beverages; and -7- d. Permanently affix or paint any signage on the mobile food truck, with no signs/banners in or alongside street right-of-way or across roadways. (2) Pushcart vendors shall: a. Vend only on lots in non-neighborhood zone districts or on streets in locations in non-neighborhood zone districts where parallel parking is allowed; b. Not stop to vend within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade; c. Vend only food and nonalcoholic beverages; and d. Stop to vend only in locations that are no more than twelve (12) inches from a curb or edge of travel lane. (3) Neighborhood mobile food vendors shall: a. Vend only on streets in locations in neighborhood zone districts where parallel parking is allowed; b. Not stop to vend within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade; c. Vend only during the hours of 10:00 a.m. to 8:00 p.m.; d. Vend only food and nonalcoholic beverages; e. Stop to vend only in locations that are no more than twelve (12) inches from a curb or edge of travel lane; and f. Not stop to vend for more than fifteen (15) minutes in any particular cul-de-sac, or on any particular block face. (4) Outdoor vendors of miscellaneous goods and services shall operate only on lots in nonresidential zone districts. (5) Outdoor vendors of transportation services shall: a. Operate in accordance with all vehicular traffic laws and regulations, including, but not limited to, equipment requirements such as front and back lights and side reflectors; -8- b. Limit stopping and standing in street rights-of-way or alleys so as to avoid delay or obstruction of traffic; c. Stop to vend services only in locations that are no more than twelve (12) inches from a curb or edge of travel lane; and d. Operate so as to avoid obstruction of pedestrian traffic and not on sidewalks. (6) Stationary vendors shall only vend on private parcels of land or lots within non-neighborhood zone districts, but they shall not vend from a private parcel or lot within the Downtown Zone District, as defined and established in Article 4 of the Land Use Code, and they shall not vend from a private parcel or lot within any neighborhood zone district. Section 8. That the amendments to Article XIV of Chapter 15 of the City Code set forth in Sections 2 through 7 of this Ordinance shall become effective on January 15, 2017. Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk -1- ORDINANCE NO. 080, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLES 3, 4 AND 5 OF THE LAND USE CODE REGARDING OUTDOOR VENDORS WHEREAS, on July 17, 2012, the City Council adopted Ordinance No. 057, 2012, making various amendments to Articles 3, 4, and 5 of the Land Use Code to define and regulate outdoor vendors in zones throughout the City; and WHEREAS, on July 17, 2012, the City Council concurrently adopted Ordinance No. 058, 2012, making various amendments to Article XIV of Chapter 15 of the City Code to update and expand the licensing of outdoor vendors in Fort Collins and to establish related requirements; and WHEREAS, the 2012 Land Use Code and City Code amendments were adopted to address the growing trend and demand in Fort Collins for mobile food trucks and other outdoor vendors, and such amendments addressed the specific impacts on the community and requirements of mobile food trucks and other outdoor vendors; and WHEREAS, instances of mobile food trucks and other outdoor vendors located semi- permanently at a fixed location on private property have been observed; and WHEREAS, mobile food trucks and other outdoor vendors located semi-permanently at a fixed location create different impacts and have different requirements than those originally contemplated under the Land Use Code and City Code amendments made in 2012; and WHEREAS, the current Land Use Code does not distinguish between semi-permanent outdoor vendors from more mobile outdoor vendors resulting in equal treatment of potentially unequal impacts; and WHEREAS, the Fort Collins downtown is a highly valued and aesthetically unique community destination; and WHEREAS, stationary vending is not being allowed on private parcels or lots in core downtown areas to mitigate the aesthetic impacts of the long term presence of vehicles associated with stationary vending at the same location; and WHEREAS, stationary vending is not being allowed on private parcels or lots in core downtown areas to avoid impeding pedestrian circulation and access to businesses and public spaces that may be caused by the presence of vehicles associated with stationary vending; and WHEREAS, the City Council finds it reasonable to further amend Articles 3, 4, and 5 of the Land Use Code to address the different impacts and requirements created by mobile food trucks and other outdoor vendors located semi-permanently at a fixed location; and -2- WHEREAS, in order to give private property owners who permit outdoor vendors on their properties time to adjust their future operations to the Land Use Code amendments adopted in this Ordinance, it is City Council’s intent that these amendments not go into effect until January 15, 2017; and WHEREAS, the City Council further finds that the adoption of these Land Use Code amendments is necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.8.29 of the Land Use Code is hereby amended to read as follows: 3.8.29 - Outdoor Vendor Regulations (A) Outdoor vendors shall be prohibited on undeveloped lots. (B) Outdoor vendors shall be considered as accessory uses in the zone districts in which they are permitted, provided they are on lots that contain a principal building wherein active operations are being conducted. Outdoor vendors that qualify as accessory uses shall not be subject to change-of-use regulations which would otherwise require the properties on which they are located to be brought into compliance with the standards of this Code. (C) Outdoor vendors located on lots wherein active operations in the principal building have ceased shall be considered principal uses and shall be subject to change-of-use regulations requiring that the properties upon which they are located be brought into compliance with the applicable standards of this Code. (D) Signage for outdoor vendors shall be limited to signs placed directly onto the vehicle or cart used in connection with the business. (E) Outdoor vendors shall comply with all outdoor vendor regulations and standards contained in Chapter 15 of the City Code. (F) An outdoor vendor shall be situated on a lot in such a manner that no aspect of its operation shall impede vehicular, pedestrian or bicycle circulation. (G) The owner of a private parcel or lot, or owner of the principal business thereon, upon which an outdoor vendor, or outdoor vendors, vend from mobile food trucks, pushcarts, or any other vehicles, as such terms are defined in Section15- 381 of the City Code, shall not allow such outdoor vendor, or outdoor vendors, to -3- operate on such private parcel or lot for more than three (3) consecutive calendar days, or for more than three (3) total calendar days within any calendar week, defined for purposes of this Section 3.8.29 as Sunday through Saturday, unless stationary vending is an approved use thereon. (H) The owner of a private parcel or lot upon which stationary vending will occur shall comply with the following additional requirements: (1) Obtain an approved minor amendment to allow stationary vending on the private parcel or lot as an accessory use. (a) A property owner may apply for a minor amendment to allow stationary vending only for private parcels or lots within non- neighborhood zone districts. Non-neighborhood zone districts solely for purposes of eligible stationary vendor locations shall be defined as: D, RDR, CC, CCN, CCR, CG, NC, CL, HC, E, and I. (b) Stationary vending shall not be permitted on parcels or lots within the Downtown Zone District or within any neighborhood zone district. Neighborhood zone districts solely for purposes of non- eligible stationary vendor locations shall be defined as: RUL, UE, RF, RL, LMN, MMN, NCL, NCM, NCB, HMN; (2) Stationary vending shall not be allowed to occur for more than ten (10) twelve (12) hours per calendar day on the private parcel or lot for which a minor amendment has been granted to allow such use; and (3) After the completion of each period of vending operations, a stationary vendor shall not be allowed to leave outdoors overnight (3:00 a.m. to 7:00 a.m.) on any private parcel or lot where stationary vending is allowed any food truck, push cart, or vehicle, as such terms are defined in Section 15- 381 of the City Code, from which the vendor vends unless the stationary vendor is the owner of such private parcel or lot or owner of the principal business thereon. Section 3. That Section 4.16(B)(2) of the Land Use Code is hereby amended to read as follows: . . . (B) Permitted Uses. . . . (2) The following uses are permitted in the subdistricts of the Downtown District, subject to Basic Development Review (BDR), Minor Amendment (MA), administrative (Type -4- 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use Old City Center Canyon Avenue Civic Center A. RESIDENTIAL . . . . . . . . . . . . E. ACCESSORY - MISCELLANEOUS . . . Outdoor vendor (excluding stationary vendors) BDR BDR BDR Stationary vendor MA MA MA . . . . . . . . . . . . Section 34. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read as follows: Division 4.17 - River Downtown Redevelopment District (R-D-R) . . . (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: -5- (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. . . . Section 45. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read as follows: Division 4.18 - Community Commercial District (C-C) . . . (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. . . . Section 56. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read as follows: -6- Division 4.19 - Community Commercial - North College District (C-C-N) . . . (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. . . . Section 67. That Section 4.20(B)(1) of the Code of the City of Fort Collins is hereby amended to read as follows: Division 4.20 - Community Commercial - Poudre River District (C-C-R) . . . (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. -7- 4. Stationary vendor. 5. Urban agriculture. . . . Section 78. That the table contained in Section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . (2) The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Minor Amendment (MA), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) . . . E. ACCESSORY - MISC. Wireless telecommunication equipment (not freestanding monopoles) Type 2 Type 1 Wireless telecommunication facilities Not permitted Type 1 Satellite dish antennas greater than 39" in diameter Not permitted Type 1 Accessory buildings BDR BDR Accessory uses BDR BDR -8- Land Use I-25/SH 392 (CAC) General Commercial District (C-G) Outdoor vendor (excluding stationary vendors) BDR BDR Stationary vendor MA MA Section 89. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read as follows: Division 4.22 - Service Commercial District (C-S) . . . (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. . . . Section 910. That Section 4.23(B)(1) of the Land Use Code is hereby amended to read as follows: Division 4.23 - Neighborhood Commercial District (N-C) . . . -9- (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. . . . Section 1011. That the table contained in Section 4.24(B)(2) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . (2) The following uses are permitted in subdistricts of the C-L District, subject to Basic Development Review (BDR), Minor Amendment (MA), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use Riverside Area All Other Areas . . . E. ACCESSORY - MISC. Wireless telecommunication equipment Type 1 Type 1 -10- Land Use Riverside Area All Other Areas Wireless telecommunication facilities Type 1 Type 1 Satellite dish antennas greater than thirty-nine (39) inches in diameter BDR BDR Outdoor vendor (excluding stationary vendors) BDR BDR Stationary vendor MA MA Accessory uses BDR BDR Accessory buildings BDR BDR Section 1112. That Section 4.26 of the Land Use Code is hereby amended to read as follows: Division 4.26 - Harmony Corridor District (H-C) . . . (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. -11- . . . Section 1213. That Section 4.27(B)(1) of the Land Use Code is hereby amended to read as follows: Division 4.27 - Employment District (E) (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. . . . Section 1314. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read as follows: Division 4.28 - Industrial District (I) . . . (B) Permitted Uses. (1) The following uses are permitted in the R-D-R District, subject to basic development review provided that such uses are located on lots that are part of an approved site-specific development plan, except that a stationary vendor use must be approved as a minor amendment: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. -12- 3. Outdoor vendor. 4. Stationary vendor. 5. Urban agriculture. . . . Section 1415. That Section 5.1 of the Land Use Code is hereby amended by the addition of two new definitions, “Stationary vendor” and “Stationary vending”, which read in their entirety as follows: Stationary vendor shall mean an outdoor vendor who is licensed under Article XIV, Chapter 15 of the City Code to engage in stationary vending. Stationary vending shall mean one (1) or more outdoor vendors vending on the same private parcel of land or lot for more than three (3) consecutive calendar days, or for more than three (3) calendar days within any calendar week, defined for purposes of this definition as Sunday through Saturday, and when vending, do so from a mobile food truck, pushcart, or any other vehicle as such terms are defined in Section 15-381 of the City Code. Section 16. That the amendments to Articles 3, 4 and 5 of the Land Use Code set forth in Sections 2 through 14 of this Ordinance shall become effective on January 15, 2017. Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -13- Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk