Agenda - Planning Commission - 10/03/2013

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• Are these mobile units just for food sales, or can other goods be sold as well? • Does the community want to increase activity? • How can the zoning ordinance address up- keep and maintenance? • When can food trucks operate? • How are visitor parking and circulation ac- commodated? • How are these uses reviewed and permitted? • What do vendors and their customers want or need? • How is signage for the mobile unit regulated? • How is the site lit to ensure safety? Location It is common to allow mobile food vending in commercial districts, but some communities add industrial districts or specify mixed use districts. Start with the community's comprehen- sive plan —is there a need or desire to increase activities in specific parts of the community? Are there concerns about the impact of single -pur- pose districts (especially office and industrial) on connectivity, traffic congestion, and business :, !fill , lol�lif,'idir I, ir.illS'ili� .Y(�Fif�L1:l.'� Iiilld %ila-li{ �i71 ?tgplli I7 1lci— ;r...:. _ .. retention and recruitment? Are there any areas in the communitywhere the population is un- derserved by food choices? Planners can take these concerns to the community and invite residents and business owners to share their thoughts on where mobile food vending might be appropriate and desirable. 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 often re- quires a temporary use permit and is regulated by the zoning ordinance. When permitted on private property, zoning standards should re- quire evidence of property owner approval. In consideration for existing facilities, some communities decide that there should be a minimum distance between mobile units and bricks - and -mortar restaurants. Some communi- ties try to limit the impact on adjacent residen- tial uses through a distance requirement or by restrictions on hours of operation. Planners should test these locational restrictions to ensure that realistic business opportunities exist. El Paso, Texas, repealed its locational requirement of 1,000 feet from bricks- and -mor- tar establishments following a nil lawsuit to provide sufficient opportunities for mobile food vendors (Berk and Leib 2012). Attorneys Robert Frommer and Bert Gall argue that separation from other establishments is not necessary and that food truck regulations should be narrowly tailored to legitimate health, safety, and wel- fare concerns, not regulate competition (2012). The American Heart Association has also looked at location issues related to mobile food vending. They report that several commu- nities across the country prohibit mobile food vending within a certain distance of schools (or at school release times) to limit the sometimes nutritionally challenged food choices avail- able (2012). Woodland, California, prohibits mobile food vending within 300 feet of a public or private school, but will allow them on school property when approved by the school 614-15). It a different twist, the Minneapolis Public School System introduced a food truck program this year to offer free nutritious meals to students during the summer months at four different sites in Minneapolis (Martinson 2013). Duration The length of time food trucks are permitted to stay in one place varies widely by commu- ;1•liHlElol el;,fclE( <ii�i,d(ij nity and often is related to where mobile food vending is permitted. Some communities allow food trucks on public property but prohibit overnight parking. Where on- street parking is at a premium, communities may considerallow- ing food trucks to utilize public parking spaces for the same duration as other parked vehicles. Chicago requires food trucks to follow posted meter time restrictions, with no more than two hours in one location. In addition, the city also limits mobile food vending to two hours on private property 64 -8). In contrast, some communities allow food trucks on private property for up to 3o days or more at one location. For example, Grand Rapids allows concession sales for up to 200 consecu- tive days over 12 calendar months ( §5.9.32.K.6), Regulations like this may impact vendors in terms of the types of food that can be sold and the manner in which they are prepared, especially when preparation is done on -site. Communities may wish to consider whether the allowed duration is reasonable for food ven- dors as well as adjacent property owners. Goods Available for Sate Some communities, like College Station, Texas, are very specific that the goods sold from mo- bile vending to be food related 64 -zo). This is often borne of a desire to start with mobile vending on a limited basis to gauge its impact. As mobile food trucks become more prevalent, surely people will explore the ideas of start- ing other types of businesses in this format. Communities may wish to consider the ques- tions raised earlier about location and assess whether or not it makes sense to allow other goods in addition to food to be sold in desig- nated areas. For example, Ferndale, Michigan, allows a variety of wares to be sold by a mobile ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION I page 5