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HomeMy WebLinkAbout09139 City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: June 12, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTIONS 17-2-1, 17-2-2, 17-4-51. 9-10-83 AND 9-10-84 OF THE PUEBLO MUNICIPAL CODE RELATING TO MOBILE FOOD UNITS SUMMARY: Attached for consideration is a text amendment that will amend Title XVII of the Pueblo Municipal Code relating to mobile food vendors. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The current ordinance classifies mobile food vendor (MFV) as a temporary use subject to Section 17-4-32 temporary and interim uses, and provides two (2) conditional use standards. These standards limit a MFV to 30 days per location in any calendar year, and does not reflect comparable policy in cities nationwide. Originally the regulation was intended for start-up businesses that would eventually establish a brick and mortar store, but many MFVs are not likely to establish a restaurant. Accommodating MFVs with fair rules will signal to associated service industries that Pueblo welcomes growth of innovative industries while being fair to established ones. The proposed Ordinance will update definitions related to Mobile food vendor, and the zone districts where the use is allowed (Permitted Use in the B-2, B-3, B-4 and B-P Zone Districts, Conditional Use in the R-5, B-1, CCN, I-1, I-2, I-3, S-1 and S-5 Zone Districts, and Use by Review in the HARP and H-B Zone Districts). Furthermore, it will update the conditions of approval for the Conditional Use Permit. The conditional use standards convey a policy focused on transparency and collaboration with local agencies, including Sales Tax, Health, and Fire Departments. Land use issues are addressed in fairness to restaurants while allowing mobile food vendors to operate without time constraints on private property and the public right-of-way. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 26, 2017 Regular Meeting, voted 7- 0 to recommend approval of the initial proposed ordinance that was removed from the City Council agenda. The Commission will review and provide a recommendation on the updated ordinance at their June 14, 2017 Regular Meeting. STAKEHOLDER PROCESS: A Notice of Public Hearing was published in the Pueblo Chieftain and Public Hearings were held before the Planning and Zoning Commission on April 12, 2017, and a second hearing will be held on June 14, 2017. ALTERNATIVES: If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code will not be amended to reflect the proposed changes. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission April 26, 2017 Public Hearing Staff Report for Text Amendment TA-17-02 Notice of June 14, 2017 P&Z Public Hearing ORDINANCE NO. 9139 AN ORDINANCE AMENDING SECTIONS 17-2-1, 17-2-2, 17- 4-51. 9-10-83 AND 9-10-84 OF THE PUEBLO MUNICIPAL CODE RELATING TO MOBILE FOOD UNITS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Subsection 17-2-1(58) of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-2-1. Definitions. . . . (58) Use types: (e) Temporary use means a means any activity, occupation, business or operation carried on, or intended to be carried on, in or from a tent, movable stand, portable equipment or any temporary building or structure, or in or from a truck, trailer or other vehicle, for a period not to exceed thirty (30) days , with the exception of Mobile Food Units in any calendar year. (See temporary uses at Section 17-4-32.) . . . SECTION 2. Section 17-2-2 of the Pueblo Municipal Code is hereby amended by the amendment of subsection 17-2-2 (92) to read as follows: Sec. 17-2-2. Use definitions. . . . \[ (92) Mobile food \[vendor\] unit means a vehicle, trailer, or mobile cart food service establishment designed to be readily movable and where there is \] retail food establishment that is not no on-site food consumption intended to be permanent and is a motorized wheeled vehicle, or a trailer that is licensed for use on public roadways, designed and equipped to serve food and beverages, operating in either a static or transitory location and serving the public. The sale and distribution of frozen milk, frozen dairy or ice confection products, candy gum or other confection products shall be permitted for Mobile Food Units . SECTION 3. Subsections 17-4-51(c) and 17-4-51(e)(27) of the Pueblo Municipal Code are hereby amended to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (c) Permitted Uses Table: Table of Uses Zone Districts ) ) CCN (Minor CCN (Major 123 SPECIFIC DEFINITION --- HARPHAPRHARP 2U USE USES REFERENCE USE RCN B P 1 1234123456781234 12345 123 CATEGORIES (DEFINITION) §17-2-2 STANDARDS - ------------------- ----- O AAAARRRRRRRRRBBBBBH SSSSS --- III COMMERCIAL USES § 17-4-51 Bar, tavern (16) (d)(1) P S S P P P S S S S S S S S P § 17-4-51 Brewpub (25) (d)(3) C S S C C C S S C C C C S S C Catering service (30) S S S P P P P S S S S S S S S P Eating and Mobile food Drinking unit (92) C C C C C C C C S S S S C C C C C Establishments § 17-4-51 Restaurant (129) (d)(10) S P S S C P P P C C P P P P S S P Restaurant, § 17-4-51 carry-out (130) (d)(11) S S S C P P P S S S S S S S S P Smoking lounge (137) S S C C C S S S S S S S S P Bed and breakfast home (20)a. § 17-4-10 S S S S S S S S S P P S Y S S P P P S S S S S Bed and breakfast inn (20)b. S S S S S P P S S S P P S S S S S S Lodging Guest ranch (66) P P Hotel (Motel) (75) P S P P P S P S P P Recreational § 17-4-51 park (120) (d)(9) S S S S Office, § 17-4-51 general (103)a. (d)(5) P P S P P P P P P P P P C C C P Office, § 17-4-51 Office medical (103)b. (d)(5) P P S P P P P P P P P p C C C P S Office, § 17-4-51 professional (103)c. (d)(5) P P S P P P P P P P P P C C C P Dog care facility (47) P P S P P P P P P Kennel (cattery) (77) P P S P S P P P P Animal Services Pet shop (111) P P S P P P P P S S S S S P Veterinary clinic (155) C C S S C C P S S P P Table of Uses Zone Districts ) ) CCN (Minor CCN (Major 123 --- 2U RCN HARPHAPRHARP B 1P 1234123456781234 12345 123 - ---------------- ----- - - SPECIFIC DEFINITION --- O AAAARRRRRRRRBBBB -SSSSS B H III R USE USES REFERENC USE CATEGORIES (DEFINITION) E §17-2-2 STANDARDS OTHER USES (CONT.) Carnival (29) S P Construction yard (42) C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C Farmers market (52) P P S S S P P P P S S S S S S Mobile auto Temporary Uses repair (91) S C C C C C C (Must comply \[Mobile food with Section 17- vendor\] \[(92)\] \[C\] \[C\] \[P\] \[P\] \[P\] \[P\] \[C\] \[C\] \[S\] \[S\] \[S\] \[S\] \[C\] \[C\] \[C\] \[C\] \[C\] 4-32 of the PMC) Model home (sales office) (96) C C C C C C C C C C C C C Outdoor sales, § 17-4- seasonal (104) 51(d)(6) C C S C C C C C S S S S C C C C Retail sales, § 17-4- intermittent (132)h. 51(d)(12) S S S Commercial, established (35) S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S Existing and Residence, Established established (128)b. P P P P Uses Legal non- conforming § 17-3-3, 17- uses 3-5 & 17-3-7 C C C C C C C C C C C C C C C C C C C . . . (e) Conditional Uses. In addition to the other requirements, the following conditions shall apply to each of the uses in districts where they are indicated with a "C" in the Land Use Table. The conditions are listed below. . . . unit requirements: (27) Mobile food \[vendor\] a. \[\] Shall comply with all Must provide approval from the property owner. requirements of local, state and federal law including without limitation City business license and permit requirements, state and local requirements related to retail food establishments, state and local prohibitions on the sale or service of marijuana or alcohol, noise restrictions, signage restrictions, traffic and parking requirements and all requirements and limitations herein set forth. b. \[\] Provide commissary location and have commissary location approved. Shall install, maintain and have functioning, during all periods of business operations of the Mobile Food Unit, a City issued global positioning satellite device (“GPS Device”) and City data service plan. The GPS Device and data service plan will be issued by City upon payment of the following fees which fee amounts may be subsequently amended by resolution of the City Council: 1. $100.00 with respect to the GPS Device Fee; and 2. $170.00 with respect to the twelve (12) month data service plan fee or $85.00 with respect to the six (6) month data service plan fee. c. Shall keep the sidewalks, roadways and other spaces adjacent to the Mobile Food Unit clean and free of paper, peelings and other refuse of any kind generated from the operation of the Mobile Food Unit. All trash or debris accumulating within twenty-five feet of any Mobile Food Unit shall be collected by the operator of the Mobile Food Unit and deposited in a trash container maintained by the operator in good condition and constructed of non-corrodible and watertight material, sufficient to hold the refuse generated by the business. Such container shall be removed by the operator whenever the Mobile Food Unit moves to another location or at the close of business. d. Only pedestrian service shall be allowed, and no vehicle or drive-thru service shall be permitted. e. Shall not be located in a park or within one-hundred (100) feet of a park, as determined by direct measurement from the property line of the park to the closest point of the Mobile Food Unit, unless authorized in writing by the Director of the City’s Department of Parks and Recreation. The operator of the Mobile Food Unit shall have such written authorization available for inspection at all times. f. Mobile Food Units may operate on private property within the districts in which the use is approved provided they comply with the following requirements and limitations: 1) The operator of the Mobile Food Unit shall obtain prior written permission from the owner of the private property and shall have said written permission available for inspection at all times; and 2) The Mobile Food Unit shall be parked on a paved or suitable maintained surface outside any designated Fire Lane and outside the sight distance triangle as that term is defined in Title XVII of this Code. g. Mobile Food Units may operate upon the public right-of-way within the districts in which the use is approved provided they comply with the following requirements and limitations: 1) The Mobile Food Unit shall be parked in a legal parking space and shall comply with all City and state parking restrictions; 2) The Mobile Food Unit shall only serve customers from an adjacent sidewalk or the curbside of the vehicle. In the absence of a sidewalk or curbside, customers shall only be served from the side of the Mobile Food Unit that is furthest from the area of right-of- way customarily used for motor vehicle travel; and 3) No Mobile Food Unit shall be authorized under this Subsection 17- 4-51(c)(27) to operate within the public right-of-way where such right-of-way has been closed pursuant to a validly issued revocable permit or procession permit. 4) Shall not be located within one-hundred (100) feet of a restaurant, as determined by direct measurement from the front property line of the restaurant to the closest point of the Mobile Food Unit. SECTION 4. Section 9-10-83 of the Pueblo Municipal Code is hereby amended by the addition of subsection 9-10-83(g) to read as follows: Sec. 9-10-83.-Steet and sidewalk sales. . . . (g) The provisions of this Section 9-10-83 shall have no application to a Mobile Food Unit operating in compliance with Section 17-4-51 of this Code. SECTION 5. Section 9-10-84 of the Pueblo Municipal Code is hereby amended by the addition of subsection 9-10-84(g) read as follows: Sec. 9-10-84.-Sidewalk cafes; permits; requirements; penalties. . . . (g) The provisions of this Section 9-10-84 shall have no application to a Mobile Food Unit operating in compliance with Section 17-4-51 of this Code. SECTION 6. This Ordinance, and the amendments made herein to Title XVII of the Pueblo Municipal Code shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or the amendments made herein to Title XVII of the Pueblo Municipal Code shall be guilty of a municipal offense and subject to punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 7. This Ordinance shall become effective immediately after final passage and approval. INTRODUCED: June 12, 2017 BY: Ed Brown PASSED AND APPROVED: June 26, 2017