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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/21/2016 - ITEMS RELATING TO PROPOSED OUTDOOR VENDOR REQUIREMAgenda 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 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 $350.00 by the private lot owner with stationary outdoor vending on that lot. This proposed fee reflects the same standard fee for all Minor Amendment applications. BOARD / COMMISSION RECOMMENDATION On June 9, 2016, the Planning and Zoning Board voted (7 – 0) to recommend that City Council approve an ordinance with limited revisions and additions to Articles Three, Four and Five of the Land Use Code for new outdoor vendor requirements, specifically that 1) Mobile vending and stationary vending be defined; and that 2) A minor amendment process be required for stationary vendors on private property. (Attachment 6) PUBLIC OUTREACH The proposed update for outdoor vendor requirements included a public outreach process for a portion of 2015 and extending to May, 2016. Three online questionnaires were used to gain additional feedback and feedback was summarized in separate reports (Attachments 1-3). Community engagement opportunities included meetings with the general public, vendors, and businesses (Attachment 4). Project information was available on the City’s website with regular updates including proposed ideas, schedule and meeting dates. Outreach Activities  Public Meetings (October 22, 2015, and March 3, 2016)  Vendor Meetings (September 24 and November 9, 2015; and April 20, May 9, and June 2, 2016)  Online Questionnaires (September - October, 2015; March - May, 2016; April - May, 2016 for restaurants) ATTACHMENTS 1. Online Questionnaire #1 Results (PDF) 2. Online Questionnaire #2 Results (PDF) 3. Online Questionnaire #2A Results - Restaurants (PDF) 4. Outdoor Vendor Meetings Summary (PDF) 5. Peer City Review - Regional Outdoor Vendor Regulations (PDF) 6. Planning and Zoning Board minutes, June 9, 2016 (draft) (PDF) 7. 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' 2  ' 6 & %' ( #")( 2   ' 2  7 ( * 5  7 2. 7  2- &' ( )   /  +       >  )% >  (  '  D' =&   '   =   = 6%7$+   # 0   - /  )  (        (  '  ( & 2       '  ' & 2 % )      +",%   '%$  -   &%$$'(  % "## &   '  !  $ %   % "## &     !  $,   &    - . ! "   /   0   - . !   -  . 1 2 ###  &    -)   . %  &  &    -  . 1 2    7        4    &  A& 3%   &   3   3  / / 0/    6 -    &      % '  $  ' ' 1 Planning, Development and Transportation Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/currentplanning Proposed 2015 Mobile Food Truck Vendor Changes Summary of Outreach Meetings 1. Outdoor Vendor Meetings – September 24 and November 9, 2015 Vendor Meeting #1 - September 24, 2015 (281 N. College Ave) A meeting was held by the City for Outdoor Vendors on September 24, 2015 at 281 North College Avenue with 23 vendors attending. The following comments were recorded during the meeting discussion with staff.  What is the problem the City is trying to solve?  Need further clarification on the issues with requiring more mobility from vendors  Vendors are required by County Health to return daily to approved commissary so we are mobile  Why are the few vendors that have set up a semi-permanent operation not required to move off-site daily to commissary?  There is unanimous opposition form the vendors for any new requirements or further restrictions on us – again what is the problem here?  Who has complained about vendors operating in Downtown area?  This is our livelihood and we need to work regularly. Please do not further restrict our work  Will you distinguish between food trucks that vend only for on-site principal use customers and vendors serving to general public?  Of the proposed range of options for vendors to operate on-site in the same location, staff should offer more options for duration vending and time away from these locations ATTACHMENT 4 2  Is the issue unfair competition between vendors and existing brick and mortar restaurants, safety, health requirements, or what?  The City needs to identify a consistent, fair and predictable approach for all vendors for new requirements  How can we be involved and what is the schedule for bringing these changes forward to Council? Vendor Meeting #2 - November 9, 2015 (215 N. Mason) A meeting was held by the City for Outdoor Vendors on November 9, 2015 at 215 North Mason Street with 6 vendors attending. The following comments were recorded during the meeting discussion with staff.  We really appreciate being involved in this process  As part of the staff recommendation, we prefer to see 160 hours in any calendar month vs. 80  Food truck vendors typically operate for 10 hours a day at any location, the 8 hours per day mentioned is not consistent with our situation  For those vendors who operate more than one truck per day, the recommended hours per week or month are not reasonable – we need more time  The online questionnaire responses clearly did not see an issue or problem with vendors operating in the same location and that no further restrictions should be made for duration vendors operate on a private lot, or how long to remain away form same location  What are you trying to solve?  Why pose additional restrictions on all food truck vendors, just because a few are causing an issue?  How will new changes be enforced?  Are the new changes for food trucks and pushcart operators?  What are next steps in process and will we see proposed changes before the Planning and Zoning Board meeting? 3 2. Public Open House Meeting – October 22, 2015 A public open house meeting was held by the City on October 22, 2015 at 215 North Mason with 7 meeting participants. The following comments were recorded during the meeting discussion with staff.  For new potential vendors, what is the process and how can I get more information?  The online survey clearly shows support for the no-action option – we do not need more restrictions  Is the online survey still available?  What is the problem the City is trying to solve?  Who will be making the decision on potential changes?  Vendors are required to be mobile based on County health standards and return to commissary each day  Has the County inspected the vendors operating at the same locations semi- permanently?  What is the definition of being “more mobile”?  Do the vendors that are operating extensively from the same location using a commissary on the same lot?  Of the 7 meeting participants, all selected the no new restrictions options on the wall, vs. supporting any of the range of operation times identified.  Staff shared a middle option of a 3-week operation on-site, and 3-day off-site requirement for potential consideration, but this was not supported by any of the meeting attendees. 4/20/2016 Update to Food Truck Vendor Requirements April 20, 2016 Meeting Summary – Proposed Food Truck Vendor Changes Purpose The purpose of the April 20, 2016 meeting was to hold an open discussion about potential changes to the Land Use Code and City Code. The meeting was well attended with about 20 participants and structured around the discussion of three main land use code changes. Below is a summary of the discussion with “C” representing the summarized comments from the city staff, and “P” representing the summarized comments from the public. Summary of Presentation Introduction Online questionnaire has been available since March and it’s open until the end of the month. Status Report – 972 respondents took the current survey. 2012 – Came up with new framework for licensing provisions  Food trucks are an accessory use to the existing principal use  No restrictions for duration vending on and off site  Most operate on a mobile basis (not everyone)  What changes for more mobility 2014 allowed 4 vendors per site, 8 for special event and food truck rallies 2015/2016 we are considering a potential update if it is warranted  Recommendations that came forward which did not make it past the zoning and planning board All commercial areas are permitted areas for food trucks and anything residential is not permitted (shows map from 2012 study) (Presents a list of regulatory options from other cities) 2012 Council didn’t support a separation buffer between food truck vendors and restaurants City Staff identified 3 main categories for changes in relation to how food truck vendors operate. • Potential Land Use Code changes: o Mobile Food Truck Vendor operations o Stationary food truck vendor o Separation requirement between vendors and existing restaurants 4/20/2016 Update to Food Truck Vendor Requirements Mobile Vendors Discussion Summary Given by City Staff For mobile vending operations would include “on a temporary and transitory basis” to the existing municipal definition. Some key question that the city would like to ask is: C‐ Should food trucks be restricted to vend for a maximum number of hours in the same location (4,8, or 10 )? C ‐ Should food trucks be allowed to stay in the same location they vend overnight? C ‐ Restroom Availability? Comments P ‐ Typically most restrictions are due to parking street side and proximity between restaurants. Disagree with the 4 hour vending limitations, feels that it’s more of a parking issue P ‐ Not even worth going to a vending location for a 4 hour block because the operating window would be too short for what we do C ‐ What type of time blocks do you guys run? P ‐ Our shift happens to be 4 hours 11‐3 P ‐ It is not typical for someone to move locations after a vending block is done (it’s too difficult to break down and set back up) P ‐ The more efficient we can be the better… It’s better to be in one location one day, because you need to break down and set back up, which takes time. There is more risk for accidents to happen inside the truck such as spills if you move multiple locations in a single day. P – City sidewalk will not allow vending past 6pm P – If are restricted to 4 or 6 hours and then we calculate in an hour of labor before and after each shift the amount of time not selling would hurt our business greatly P – We feel like the market will tell us the hours that are needed, we don’t want to be there outside a time that no one has a need for food P – I feel like any brick and mortar restaurant doesn’t get told when and when it can and can’t sell, why should it be different for a food truck? P – If the market can support the food service then it will. C – The normal shift may be 7‐9 hours. Would 10 hours of active vending support the business? P – Yes we feel like 10 hours could be a good number (a vote yielded 0 in favor of 4 hour limit and 0 in favor of a 6 hour limit. 4/20/2016 Update to Food Truck Vendor Requirements P ‐ New Belgium asked a food vendor to be there for 12 hours, although it was out of the ordinary we liked having the option to be able to stay and serve our customers if we felt we were needed. P ‐ On a typical Sunday I’m there at 10 and leave at 8 P – What is the motive of the hour regulation? C – We are just taking a broad look at what all of our options are and if it’s appropriate or needed. P – Is it safety base? Is it… P – Honestly we vend 12 hours or more. I think the hour timeline would be too restrictive. P – how many special events permits does the city want be making? I feel like it would be a waste of time for the city to process special event permits for trucks. P ‐ We float and adapt to needs. We can’t agree to numbers because it restricts the foundation of our business model P – New Belgium can hold events and not have a special event permit; it would hinder the food truck business to not have flexibility to accommodate customer needs P ‐ 2 trucks can operate at one property without a special event permit P – We have a license and we are not required to move as long as we have an offsite commissary per the health department P – Larimer county provides flexibility so that food trucks don’t necessarily move as long as they can shuffle containers back and forth to take care of dirty dishes and gray water. P‐ To unplug would be more risk for a refrigerator to maintain temps and keep ingredients fresh. c‐ How many stay static? P – about 4 people raise their hand P‐ Even though we are not moving the food truck we are still moving all the waste gray water waste by other means. C – We are not trying to get in the way of the county health department P‐ More work and more risk could become a factor if overnight regulations come in place. It’s challenging to keep the right temps when moving and less chance of other issues. C ‐ Provide restroom availability? P – Technically through a health department we can’t serve to tables. P ‐ We are also required to have a hand washing station 4/20/2016 Update to Food Truck Vendor Requirements P – Health department says that if you offer 15 seats there needs to be a public restroom C – We don’t allow tables around the truck P – We’d love to provide comforts for people to enjoy our food we are trying to No one vends on the street because there is a 2 hour limit, takes almost an hour to set up. Leeway would be a great change to the code P‐ There has to be an audience, foot traffic C‐ here Is a snapshot of the questionnaire How long should food trucks be required to stay offsite? Clearly shows no restrictions Stationary Vendors Discussion Summary Presented by City Staff Staff is proposing a new definition to describe this new food truck situation of being stationary in the same location for extended periods of time. Comments C ‐ Do we do anything for semi‐permanent vending operations? There are maybe 5 right now that are considered semi‐permanent. (Shows results from survey that shows almost no support restrictions) C – Polling shows an overwhelming response for no additional requirements to semi‐permanent vending operations on private lots. (shows two of the questionnaire results to audience) Separation Requirement Discussion Summary Presented by City Staff Option C asks you to consider the possibility of separation requirements between vendors and existing restaurants. Options include a range of separation between 50 and 400+ feet. Comments C ‐ Most of the other adjoining communities have separation requirements. In 2012 we forwarded a 200ft recommendation and it was denied by council P – we are all competitors and the more we cooperate the more we come together the better we can all do. The more we operate it can extrapolate to others who can benefit C – When we look at this issue again in 2014 there was a stronger request for more food trucks 4/20/2016 Update to Food Truck Vendor Requirements P ‐ We do invite food trucks to our brick and mortar locations, even in some ways if it’s a competing item I think that P ‐ I think It would be a great solution to give restaurants the ability to allow or deny a food trucks in certain proximities. C – Where should it happen? Downtown? P – It would be the hardest place to do it. We really can’t be downtown anyways C ‐ We discussed a couple public lots where vendors may be able to set up lots. Do you have any suggestions for gathering areas in the downtown? C – (Lays out map) P – Please look at public lots for us to use. P – What about parking lot where they have the farmers market? Harmony and Lemay, in front of Ace P‐ It has to be approved by the business owners, and you have to be part of the farmers market, strip malls have a no compete privilege. C – (Went over next steps in the planning process) P – I heard about a meeting that happened when I was in Mexico where tensions were high. I’d like to apologize for all of us about our reaction P‐ I appreciate that you’re hearing us out and making us feel like our voices are heard. Peer City Review - Regional Outdoor Vendor Regulations City Summary of Regulations Code Language Boulder, CO Permits x No requirements Hours of Operation x Cannot operate on public or private property before 7 a.m. or after 9 p.m. x Maximum of 4 hours at any one approved location Mobility x No requirements 1. (3.) Operating Requirements: No person who operates any mobile food vehicle on public property or private property shall: a. (E) Operate before 7 a.m. or after 9 p.m. and for more than a maximum of four hours at any one approved location; b. (J) Fail to have the vehicle attended at all times Denver, CO Permits x Permits shall be valid for twelve consecutive months x Permits must be renewed annually Hours of Operation x Maximum of 4 consecutive hours each day at each zone lot Mobility x No Requirements 1. (1) In all Mixed Use Commercial Zone Districts; I-A, -B Zone Districts; and OS-B Zone District, where permitted with limitations, mobile retail food establishments are permitted subject to compliance with the following standards: a. (A) Permits shall be valid for 12 consecutive months and shall be renewed annually. b. (B) Permits shall be valid for 4 consecutive hours for each day at each zone lot. c. (C) No more than 1 retail food establishment, mobile shall be permitted to operate per day at each zone lot. d. (D) Hours of operation shall be between 8:00 a.m. and 9:00 p.m. Greeley, CO Permits x A Temporary Vendor license. Food trucks can use either. x Peddler's license is required Hours of Operation x Maximum of 4 hours outside of Downtown Peer City Review - Regional Outdoor Vendor Regulations City Summary of Regulations Code Language renewed annually Hours of Operation x No requirements Mobility x Must be readily moveable. Loveland, CO Permits x License is only valid for one year (all expire on December 31) x Written consent from businesses in direct competition if located within 100 feet of primary location Hours of Operation x Must operate on specified times and days which is required on the application. Mobility x No Regulations 1. (B) Each license shall be valid for one year beginning January 1 or the date of issuance, whichever is later and ending December 31 of the same year. 2. (H) No licensee shall operate within one hundred feet of any business with which such licensee is in direct competition unless the licensee receives prior written approval from such business. 3. (N) Each license, when issued, shall specify the days of the week and the hours during the day the licensee shall operate as stated in the application. The licensee shall generally operate during such hours on all of such days. Failure to operate for a period of fourteen consecutive days for which the license is issued may be deemed to be an abandonment of the licensed location, and such location shall be open for assignment to another vendor. National Outdoor Vendor Regulations City Summary of Regulations Code Language Atlanta, GA Permits x No regulations Hours of Operation x Restricted to 5:00am- 2:00am Mobility x Can't be left unattended or stored on the vending site 1. (c) Vending structures shall not be left unattended or stored at any time on the open vending site when vending is not taking place or during restricted hours of operation. Austin, TX National Outdoor Vendor Regulations City Summary of Regulations Code Language on private property for 3 hours or less between the hours of 6a.m. and 10:00p.m. Permits x Must be licensed with the health authority x Only Permitted in Commercial and Industrial Zoning Districts Hours of Operation x May not operated between the hours of 3:00a.m. and 6:00a.m. Mobility x Units must maintain a state of mobile readiness at all times x The health authority may prohibit alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility Proximity x Cannot be located within 20ft of a restaurant x Cannot be located within 50ft of a residential/commercial building or general office (GO) zoning district; c. (3) may not be located within 50 feet of a lot with a building that contains both a residential and commercial use; d. (4) may not operate between the hours of 3:00 a.m. and 6:00 a.m.; and e. (5) May not be located within 20 feet of a restaurant (general) or restaurant (limited) use. 2. (Q) This ordinance does not apply to a mobile food establishment that is located on private property for three hours or less between the hours of 6:00 a.m. and 10:00 p.m. Charlotte, NC Permits x Required to obtain a zoning use permit x Maximum permit is 30 days at one location x Permits are renewable twice for a total of 90 National Outdoor Vendor Regulations City Summary of Regulations Code Language Hours of Operation x No regulations Mobility x No regulations Chicago, IL Permits x Written consent is required on private property and must be carried by the vendor when on the property Hours of Operation x 2 hour per-stop maximum Mobility x Cannot be operated at a fixed location Proximity x Cannot be located within 200ft to a restaurant’s principle entrance (does not apply between the hours of 12a.m. and 2a.m. 1. (b) Stops shall be made only to service customers and shall not exceed a total of two hours 2. (f) No operator of a mobile food vehicle shall park or stand such vehicle within 200 feet of any principal customer entrance to a restaurant which is located on the street level; provided, however, the restriction in this subsection shall not apply between 12 a.m. and 2 a.m. 3. (k(1)) No operation of a mobile food vehicle is allowed on any private property unless all of the following requirements are met: a. (i) The mobile food vendor has obtained the express written consent of the owner or lessee of such property and such written consent is kept in the mobile food vehicle at all times when the vehicle is on the property; b. (ii) The mobile food vendor is in compliance with all applicable requirements of the Chicago Zoning Ordinance; and c. (iii) The mobile food vendor is in compliance with subsection (b)(i) and, except for the private property that allows the operation of the mobile food vehicle, subsection (f) of this section. Hillsboro, OR Permits x No regulations Hours of Operation x Limited to 2 hours on a single property (unless otherwise approved by the city) x May not exceed 6 hours National Outdoor Vendor Regulations City Summary of Regulations Code Language Houston, TX Permits x No regulations Hours of Operation x No regulations Mobility x Mobile food units must be taken to a commissary daily to be serviced Other x Units operating for more than 1 hour must have restroom access and permission from property owner 1. ((c)(4))Operation on private property. Prior to the issuance of a medallion or renewal, the operator of a mobile food unit that will be operated on private property for more than one hour in a single day shall submit to the department proof of ownership of the property or a signed and notarized written statement from the owner or owner's agent. a. (e)Servicing of mobile food units by commissaries; servicing records. 2. (1) Servicing by commissaries. Mobile food units, other than restricted service mobile food units, shall operate from a commissary approved by the health officer and shall report to such location for supplies, cleaning, and servicing operations as follows: a. (a) Fixed location mobile food units shall return to the commissary at least once per day of operation for the performance of all servicing operations. Las Vegas, NV Permits x No regulations Hours of Operation x Limited to 4 hours in a single location in a 24- hour period Mobility x No regulations 1. (6.55.090) Unlawful operations. It is unlawful for any mobile food vendor to: a. (K) Vend on any one parcel, lot or commercial subdivision for more than four hours within any twenty-four hour period Napa, CA Permits x Any vendor operating on private property will require a permit (other than at non-profit special events) Hours of Operation x No regulations Mobility National Outdoor Vendor Regulations City Summary of Regulations Code Language Phoenix, AZ Permits x No regulations Hours of Operation x Food vendor shall not operate between the hours of 2a.m. and 6a.m. Mobility x Must be removed from the site when not in operation, daily, by 2:30am at the latest 1. (B.) Mobile vending and mobile food vending on private property shall be subject to the following operational restrictions: 2. (1.) Any mobile vending unit or mobile food vending unit shall be removed from the site during the hours of non-operation. Any semi-permanent structure used and/or associated with the mobile vending or mobile food vending operation shall also be removed from the site during hours of non-operation. This means that any mobile vending unit shall be removed from the site no later than 10:30 p.m. Any mobile food vending unit shall be removed from the site no later than 2:30 a.m. 3. (2.) A mobile vendor shall not operate between the hours of 10:00 p.m. and 8:00 a.m. A mobile food vendor shall not operate between the hours of 2:00 a.m. and 6:00 a.m. The mobile vending unit or mobile food vending unit shall be removed from the site in accordance with subsection (B)(1) above. Salem, OR Permits x License good for one year Hours of Operation x No Regulations Mobility x Must be movable but are not required to relocate at any particular interval x Must provide screening for utilities and storage tanks 1. (a) A mobile food unit license shall be valid for a period of one year from the effective date of the license, and may be renewed pursuant to SRC 30.055. 2. (c) All mobile food units which are parked in a stationary location for a period of 24 hours or longer shall provide screening for all conduit, tanks, and storage areas from all public areas and streets by sight- obscuring fencing and/or temporary landscaping and skirting shall be provided along the perimeter of the mobile food unit. 3. (d) Mobile food units are not permanent structures and must remain capable of being moved San Jose, CA National Outdoor Vendor Regulations City Summary of Regulations Code Language site business is closed Seattle, WA Permits x 1 year use permit if no more than 2 days per week and doesn’t require the erection of a permanent structure Hours of Operation x No regulations Mobility x Can establish mobile food vending as a permanent use with a construction permit to establish use process. 1. (A.1.) A Master Use Permit for a time period of up to one year may be authorized for any use that occurs no more than two days per week and does not involve the erection of a permanent structure, provided that: a. (a) The use is not materially detrimental to the public welfare; and b. (b) The use does not result in substantial injury to the property in the vicinity; and c. (c) The use is being consistent with the spirit and purpose of the Land Use Code. Planning & Zoning Board June 9, 2016 Page 2 Planning Director Gloss reviewed the items on the Consent and Discussion agendas for the audience, noting that 2 items have been postponed to the July hearing (Oakridge Crossing Project Development Plan, PDP160009, and the Harmony 23 Modification of Standard). Public Input on Items Not on the Hearing Agenda: None noted. Consent Agenda: 1. Draft Minutes from May 12, 2016, P&Z Hearing 2. Arrowhead Cottages 3. Majestic Place Annexation and Zoning 4. CSU Whitcomb Streetscape Improvements Site Plan Advisory Review – SPA 160001 Public Input on Consent Agenda: None noted. A citizen requested that the Majestic Place Annexation and Zoning project be pulled from the Consent agenda and a full presentation be made. Chair Kirkpatrick agreed, stating that this item would be moved to the last item on the Discussion agenda. Member Hart made a motion that the Planning and Zoning Board approve the June 9, 2016, Consent agenda, with the exception of the Majestic Place Annexation and Zoning project. Member Heinz seconded the motion. Vote: 7:0. Member Hart made a motion that the Planning and Zoning Board continue the Oakridge Crossing PDP 160009 and the Harmony 23 Modification of Standard to the July 14, 2016, hearing. Member Hansen seconded the motion. Vote: 7:0. Discussion Agenda: 5. Oakridge Crossing Project Development Plan, PDP160009 - continued to the July 14, 2016, hearing 6. Harmony 23 Modification of Standard – continued to the July 14, 2016, hearing 7. Revisions and Additions to the Land Use Code for Outdoor Vendor Requirements Project: Revisions and Additions to the Land Use Code for Outdoor Vendor Requirements Project Description: This is a request for a Recommendation to City Council regarding an update to the City Land Use Code for outdoor vendor requirements. The project includes proposed changes for outdoor vendor mobility options, land use review process for types of vending operations, and potential separation requirement between vendors operating near existing restaurants. Note the project also includes revisions to Chapter 15 of the City Code for reference. ATTACHMENT 6 Planning & Zoning Board June 9, 2016 Page 3 Recommendation: Approval Staff and Applicant Presentations Senior Planner Wray gave an overview of this project, including the changes since the last hearing, regulations in place at other communities throughout the United States, and the community outreach that has continued. He reviewed the proposed code amendments, including length of daily parking and vending times and locations, and he reviewed the recommendations that will be presented to City Council. He reviewed the use requirements involved (principal vs. accessory use) and their responsibility for site improvements with these designations. He also discussed the Land Use Code (LUC) requirements for stationary vendors within specific areas of the Downtown zoning area in order to minimize the impacts of stationary vendors on these high-volume areas. He reviewed the ongoing zoning process for outdoor vendors, including a new minor amendment, and the licensing requirements for vendors. Finally, he clarified that additional site improvements may not be required for stationary vending , but will be reviewed on a case by case basis. Public Input Taylor Smith, 324 N. Impala, is a Fort Collins mobile food vendor. He is concerned with future parking in the Downtown area, especially in light of these new regulations that might prevent vendors from obtaining prime locations. He stated that Fort Collins has a reputation for being an entrepreneurial city and is concerned about separating mobile vendors from brick-and-mortar restaurants. He also explained that a Food Truck Pod is a gathering of 5-6 food trucks in a central location. Tim Meador, 1106 Petersen, is a Fort Collins mobile food vendor. He has several concerns, specifically with trucks operating on private property and their main business plan and schedules, and the relationships that have been established with breweries requiring food trucks to be present for an extended period of time. He doesn’t feel that there should be restrictions on food trucks that do not also exist for permanent structures. Sara Gilman, 825 Grouse Circle, is a Fort Collins mobile food vendor. She is concerned that this ordinance will make it harder for food trucks to find good parking locations and that that some locations may become “bottle-necks”. She is not in favor of the three-day limit and feels this regulation will hurt the food truck culture in general. Natalie Santelli, 1112 Cherry Street, is a Fort Collins mobile food vendor. She is concerned because of the lower sales taxes and time limit regulations, saying these restrictions could jeopardize relationships. She questioned the costs for food trucks versus brick-and-mortar restaurants. She challenged the minor amendment process, because it could result in food truck vendors having to pay fees to the breweries. Justin Brown, 1447 S. Emerson Street in Denver, is the owner of Waffle Lab. He has operated for many years and has certain locations that he prefers for vending. He encouraged the City of Fort Collins (COFC) to research operations at other communities that allow their food trucks to park in a semi- permanent manner. Regarding health department regulations, he stated that maintaining compliance can be more challenging for food trucks than in brick-and-mortar restaurants. John Ray, 6850 Silver Mist Lane, supports food truck vendors and encouraged City Council to accommodate them in any way. Planning & Zoning Board June 9, 2016 Page 4 Board Questions and Staff Response Senior Planner Wray responded to the main points brought up by citizens, saying that he feels the current proposal could still be adjusted. Chair Kirkpatrick asked about the flexibility of operating more than 10 hours per day under certain circumstances. Senior Planner Beals responded that a variance request could be obtained for such incidents. When describing mobile sites, the location is defined as either private lots or on-street parking. Member Heinz asked why the Downtown zone would be restricted, and Senior Planner Wray responded that the main concerns were to minimize impacts and conflicts with larger trucks and trailers in these high pedestrian areas, versus smaller concessionaire push cart vehicles. There is a potential that a principal business could own a vehicle that they may want to park overnight leaving these vehicles unattended for an extended period of time. He also discussed some of the heavily-vended sites in Fort Collins, which includes private parking lots that have space for additional vehicles (i.e. breweries). Stationary vendors acquired by such establishments through the minor amendment process will not be allowed to operate in the Downtown District. Senior Planner Wray plans to recommend a delay on enacting new rules (until January 2017) to provide enough time for property owners and vendors to prepare and initiate any minor amendments that may be necessary prior to renewal of licenses. Member Schneider stated there would be fewer incentives for Downtown businesses with these new regulations. Member Hansen inquired whether conditions could be placed on a minor amendment for specific locations; Senior Planner Wray responded that the intent of the minor amendment process is to allow stationary vending as a use and ensure that vendors do not exceed a time threshold that would result in being more of a permanent use. There is also a need to further define mobile operations. Chair Kirkpatrick asked about separating survey respondents that are business owners versus food truck owners. Senior Planner Wray confirmed that, out of 1,009 participants in the April survey, 20 were business owners. The survey was then sent out to 340 existing business owners, and only a small number responded (8). The aesthetics of the food trucks may not always be acceptable, and some may actually be considered unsightly (but this is not a key criterion). Senior Planner Wray stated that he has sent out notices to private/principal business owners to clarify changes necessary. Member Heinz asked what the value would be for using the minor amendment process; Senior Planner Wray responded that the minor amendment process will provide consistency for zoning and would ensure that existing owners are responsible for managing vending on their lot. He added that the 10-hour time limit was determined to be reasonable, since most vendors said that 7-9 hours is minimal; therefore, 10 hours would accommodate most vendors. Senior Planner Wray confirmed that a “week” is defined as a calendar week. The Board members continued to seek more information as to what issues were primarily responsible for the proposed changes. There was more discussion around the differences and similarities in regulations for mobile vendors versus stationary restaurants. Board Deliberation Member Carpenter expressed her difficulty with supporting this proposal. Member Heinz agreed, stating that she doesn’t support the Downtown regulation. Vice Chair Hart commended the staff with putting together a regulation with minimal effects; however, he is not convinced that these regulations are needed. Member Hobbs feels there is a need for a clear definition between mobile and stationary vendors and that semi-permanent vendors abide by the minor amendment process; however, he does not agree with the proposed restrictions on mobile vendors. Member Hansen does not feel there is a clear problem, saying that mobile vending is an important part of the FC community. He does support having a minor amendment review process for semi-permanent vendors and a higher standard of review Planning & Zoning Board June 9, 2016 Page 5 on stationary vendors. Member Schneider agrees that Downtown district should not be restricted; he supports standards for public facilities and attention to conformance with code. Chair Kirkpatrick agreed that the minor amendment process is important; however, she does agree that the Downtown district should be restricted and doesn’t feel she can support this proposal. There was some discussion as to the best way to give positive feedback to the City Council. Assistant City Attorney Yatabe recommended that the P&Z Board make a motion with specific recommendations to be adopted by Council. Overall, the Board is in favor of requiring a property owner that wants to have a stationary vending operation as an accessory use to their property to go through the minor amendment process, regardless of the district or location. They also support the development of a definition of “mobile vending” versus “stationary vending”. There was more discussion about the best way to convey the sections of the proposal that they are in favor of; there was also discussion regarding the next steps after this hearing is complete. Member Hobbs made a motion that the Planning and Zoning Board recommend to City Council that they do not approve this ordinance, and that they would support the establishment of a definition between “mobile” and “stationary” vendors and the requirement for landowners to apply for minor modifications to house “stationary” vendors. Member Carpenter added an amendment to recommend “only approve”. Member Carpenter seconded. Vote: 7:0. Chair Kirkpatrick and several other Board members commended Staff on their diligence in researching the issues and preparing a comprehensive proposal for the Board’s review. At 7:38pm, the Board took a short break; they reconvened at 7:44pm. Project: Majestic Place Annexation and Zoning Project Description: The purpose of this item is to annex and zone the Majestic Place property. The applicant, Suburban Land Reserve Inc. c/o Mr. Kenneth Merritt, has submitted a written petition requesting annexation of 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The requested zoning for this annexation is Urban Estate, U- E. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. Recommendation: Approval Staff and Applicant Presentations Planner Lorson provided an overview of the project, which is a 100% voluntary annexation into Fort Collins. He discussed the zoning and the association with existing municipal boundaries of Fort Collins. It is planned to be annexed on August 16th with City Council. Ken Merritt, with JR Engineering representing the applicant, Suburban Land Reserve, gave an overview of the project as well, illustrating the project with maps and showing the land boundaries and surrounding areas with respect to the City’s City and Structure Plan. 1 City Council Hearing – June 21, 2016 Proposed Outdoor Vendor Requirements ATTACHMENT 7 2016 - Update to Outdoor Vendor Requirements 2 Items Relating to Updating the Code of the City of Fort Collins and Land Use Code Pertaining to Proposed Outdoor Vendor Requirements. A. First Reading of Ordinance No. 079, 2016, Amending the Code of the City of Fort Collins to Include New Clarifications and Additions for Outdoor Vendor Requirements Contained in Chapter 15, Article 24, Outdoor Vendors, of the City Code. B. First Reading of Ordinance No. 080, 2016, Amending the Land Use Code to Include New Clarifications and Additions for Outdoor Vendor Requirements Contained in Articles Three, Four, and Five. Background 2012 - Outdoor Vendor Ordinances § New operation framework implemented 2014 City Code Amendments § Additional vending opportunities included 2016 – New update § Addressing stationary and mobile vending 3 Update to Outdoor Vendor Requirements Staff addressing primary issue: Outdoor vendors operating on a semi-permanent basis in same location: § Not just food truck vendors § Outdoor vendors that vend out of a vehicle including truck, trailer or push cart serving food and non-food items 4 Staff also addressing related issues: § Clarifying intent for mobile outdoor vending operations § Assess potential separation requirement for vending near existing restaurants § Identify new changes that are reasonable and not over-regulate these small businesses 5 Update to Outdoor Vendor Requirements Peer Cities Review 6 Regulatory Options – Other Cities: § Location – Most common accessory/temporary use in all non- residential zones (public and private) § Hours of Operation – varies widely from a few hours to no limitation § Separation between Vendors/Ex. Restaurants – varies widely, none to (100-1500 feet) § Licenses and Permits – Sales/use tax license common, separate land use permit less common Peer Cities Review 7 Community/State Use Type Operational Requirements Other Requirements Seattle, WA Temporary/Interim 4-hour blocks 2-days per week Napa, CA Temporary No time restrictions San Jose, CA Temporary Fixed-Bus. hours only Not after 10:00 p.m. Austin, TX Temporary Limits for 3-hours + Commissary/day Chicago, IL Temporary 2-hour per block No fixed-location Las Vegas, NV Temporary 4-hours per location Boulder, CO Temporary 4-hours per location Denver, CO Temporary 4-hours per lot 8:00 a.m.-9:00 p.m. Greeley, CO Temporary 4-hours per location 8-hours in DT Longmont, CO Temporary Move each day Fort Collins, CO Accessory/mobile Not vend between 3:00 a.m.-7:00 a.m. Compliance with CO/County Health Requirements Public Process (2015-2016) § Project internet page - http://www.fcgov.com/salestax/outdoorvendors.php § Press releases and local articles § Online questionnaires (10/2015; 4/2016; 5/6/16) § Outdoor vendor meetings (9/24/15, 11/9/15, 4/20/16, 5/9/16, 6/2/16) § Public open house meeting (10/22/15, 3/3/16) § Planning and Zoning Board updates 8 April, 2016 Questionnaire – Feedback 9 Respondent Type: Citizen – 86% Outdoor Vendor/Employee – 3% Business owner – 7% Restaurant owner/Manager – 2% Other – 1% Number of responses: Completed Questionnaire: 854 Partially completed: 155__ Total: 1,009 Comparison of Outdoor Vending Types 10 Mobile Vending Temporary/Accessory Use Permanent/Principal Use § Mobile business § Lower start-up/operational costs ($$) § Exempt from site improvements § Fixed-location business § Higher start-up/operational costs ($$$$) § Site improvements required Brick and Mortar Restaurant Stationary Vending Code Amendments to Consider 11 Code Categories Existing Requirement Mobile Vending Stationary Vending Zoning Use: Accessory Outdoor Vendor Outdoor Vendor - Mobile Outdoor Vendor - Stationary Zoning Districts Allowed All non-residential All non-residential All non-residential, except Downtown Review Process Basic Development Review (BDR) BDR Minor Amendment Hours Per Day (Same Location) 20 (7:00 a.m.-3:00 a.m.) 10 10 Days Per Week (Same Location) None No more than 3 More than 3 Vehicle Storage – Unattended (Same Vending Location) None Not permitted Not permitted, unless owned by Principal Business Stationary Vending 12 Stationary vending not permitted in Downtown Zone: § Mobile vending allowed up to 3 days at same location § Sidewalk/plaza space is limited - Minimize conflicts/impacts of large trucks/trailers located for extended periods of time § Safety and aesthetic concerns of potential unattended vehicles Downtown Zone Downtown Zoning Area 13 Private Lots with Parking – Potential for Stationary Vending 14 Potential new separation requirement between food truck vendors and existing restaurants? § Discussed extensively in 2012 § On-going peer city review on topic § 2016 Online questionnaire results Code Amendments to Consider 15 Potential new separation requirement between food vendors and existing restaurants? § Extensively discussed in 2012 § Public not supporting new separation requirement § Small number of restaurant owners responding with mixed opinions on question § No existing separation for sidewalk concession vendors or for like restaurants § Market free trade practices in place § Staff recommendation for no new requirement Code Amendments to Consider 16 Outdoor Vendor License Compliance Options Sales Tax Office: § Current Status – compliance monitored on complaint basis (non-active enforcement) § Coordination with other Service Areas for monitoring outdoor vendor operations Zoning/Building Departments: § Administrative zoning review for outdoor vendor License applications and zoning compliance monitored on a complaint basis § Building Department compliance for health and safety issues Planning and Zoning Board Hearing – June 9, 2016 17 Planning and Zoning Board Recommendation: § Approve an ordinance with limited revisions and additions to the Land Use Code for new outdoor vendor requirements § That mobile and stationary vending be defined § A minor amendment process be required for stationary vendors Proposed Outdoor Vendor Requirements 18 Staff Recommendations: 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. 2016 - Update to Outdoor Vendor Requirements 19 Items Relating to Updating the Code of the City of Fort Collins and Land Use Code Pertaining to Proposed Outdoor Vendor Requirements. A. First Reading of Ordinance No. 079, 2016, Amending the Code of the City of Fort Collins to Include New Clarifications and Additions for Outdoor Vendor Requirements Contained in Chapter 15, Article 24, Outdoor Vendors, of the City Code. B. First Reading of Ordinance No. 080, 2016, Amending the Land Use Code to Include New Clarifications and Additions for Outdoor Vendor Requirements Contained in Articles Three, Four, and Five. 20 City Council Hearing – June 21, 2016 Proposed Outdoor Vendor Requirements -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, 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: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -2- 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 governmentany location that is not a public right-of-way or public street, alley or sidewalk. 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 Eeach 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; (7) Written consent of the property owner if the location for which the application is made is on private property that is not public right-of-way; -3- (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; and (11) For the vending of food, documentation of regulatory approval as a retail food establishment by the County.; and (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; (7) A statement that the license is personal and is not transferable in any manner; -4- (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 on the face ofin the license. (b) No suchThe vehicles, structures, devices and other similar items described in the license for any outdoor vendor shall not referred to in Subsection (a) above shall 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); or (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; b. parking lot circulation; or -5- c. access to any public street, alley or sidewalk; or (8) Left the mobile food truck, pushcart or other vehicles from which the vendor vends 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, or device or any other similar item as described in the licensein Subsection (a) above, 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, ordevice or any other similar item as described in the licensein Subsection (a) above, 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, ordevice and any other similar item asdescribed in the licensein Subsection (a) above. (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. (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 -6- 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 ten (10) hours per calendar day from any one (1) location approved in the licensee’s license. (mp) 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 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. -7- (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; b. Limit stopping and standing in street rights-of-way or alleys so as to avoid delay or obstruction of traffic; -8- 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. 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 5th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ 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, 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 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. -3- (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: 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 stationaryvendor 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) 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 4.17(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: (a) Accessory/Miscellaneous Uses: -4- 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Stationary vendor. 45. Urban agriculture. . . . Section 4. 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. 45. Urban agriculture. . . . Section 5. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read as follows: Division 4.19 - Community Commercial - North College District (C-C-N) . . . -5- (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. 45. Urban agriculture. . . . Section 6. 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. 4. Stationary vendor. 45. Urban agriculture. -6- . . . Section 7. 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 Outdoor vendor (excluding stationary vendors) BDR BDR -7- Land Use I-25/SH 392 (CAC) General Commercial District (C-G) Stationary vendor MA MA Section 8. 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. 45. Urban agriculture. . . . Section 9. 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) . . . (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 -8- 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. 45. Urban agriculture. . . . Section 10. 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 Wireless telecommunication facilities Type 1 Type 1 -9- Land Use Riverside Area All Other Areas 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 11. 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. 45. Urban agriculture. . . . -10- Section 12. 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. 45. Urban agriculture. . . . Section 13. 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. 3. Outdoor vendor. -11- 4. Stationary vendor. 45. Urban agriculture. . . . Section 14. 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. 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 5th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Permits x Hours of Operation x Outdoor vendors can only operate during hours that the "fixed- base business" operates, and not during the hours of 10pm-6am Mobility x Vending facility must be removed from site or stored indoors when 1. (20.80.890) Conditions of issuance. All outdoor vending facilities must comply with the following conditions: 2. (H) The hours of operation of a vending facility shall be limited to the hours of operation of the fixed-base businesses on the fixed-base host site; however no vending facility shall operate during the hours from 10:00 p.m. through 6:00 a.m. During hours in which the fixed-base host site businesses are closed, the vending facility shall be removed from the parcel or lot on which it operates, or shall be stored indoors. x No regulations 1. (H.1.)Peddlers and vendors wishing to sell goods anywhere in the city shall comply with NMC Chapter 5.40. 2. (H.3.) Any peddler or vendor operating on private property (other than at non-profit special events) requires a use permit. on a single property (7 total including set up and break down) Mobility x No regulations 1. (H.) No mobile or temporary business may conduct operations at a fixed location for more than two hours at one time unless the location is approved by the city as part of the permit. 2. (B.) Mobile business operations may not exceed six consecutive hours on a single property except an additional hour is allowed for set-up and take-down for a maximum time of seven hours total. days in a calendar year 1. (2) Any operator of a mobile food vending service must receive a zoning use permit and display placard from Neighborhood Development. The maximum duration of a mobile food vending service permit is for thirty (30) days at one location, renewable up to two (2) additional times, for a total period of ninety (90) days per calendar year at that one location. Exemptions x Regulations do not apply to mobile establishments located 1. (C.) A mobile food establishment: a. (1) must be licensed by the health authority; b. (2) is permitted in all commercial and industrial zoning districts, except in a neighborhood office (NO), limited office (LO), x Maximum of 8 hours inside Downtown Mobility x No Requirements 1. (d.1) Any person operating a peddler's wagon or truck on the streets of the City shall not keep such wagon or truck, or any other conveyance used in such peddling, in one (1) place more than four (4) hours at a time. 2. (d.2) A new location, in the meaning of this Subsection, shall be at least three hundred (300) feet from the previous location. 3. (e.3) The downtown vendors permit will allow the peddler to park his or her wagon or approved conveyance in any of the designated vendor areas of the downtown area for a maximum of eight (8) hours in any one (1) designated area, notwithstanding the provisions of Subsection (d) of this Section. 4. (f) The licensee shall not leave unattended any such vehicle, structure or device on a public right-of-way or at the designated location. Longmont, CO Permits x Permit valid for one year x Permit must be 1. Mobile retail food establishments and pushcarts must be removed from any site at the end of each business day (unless otherwise approved). 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