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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
---
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-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