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HomeMy WebLinkAboutAgenda - 06-16-2015-13 (5) INFORMATION ITEM 1 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245-2575 � Suite 201 (919) 644-3002 (FAX) RA11 3 E 1''.11\11 FY P. O. Box 8181 www.orangecountync.gov ^KN;(1 I t CAR01-INA Hillsborough, NC 27278 �irr Uia�l//i I 1 0N � 021�o/Gcd�a r amw MEMORANDUM TO: Board of County Commissioners Bonnie B. Hammersley, County Manager FROM: Michael D. Harvey, Current Planning Supervisor Craig Benedict, Planning Director CC: John Roberts, County Attorney James Bryan, County Attorney DATE: June 16, 2015 SUBJECT: INFORMATION ITEM — Operation of Mobile Food Vending Units within Orange County Please accept the following memorandum regarding a petition requesting mobile food trucks/vendors be allowed to operate within the County's planning jurisdiction. EXECUTIVE SUMMARY: Mobile food vending units (hereafter `trucks') are currently not recognized as an allowable permitted or accessory use of property within the County's planning jurisdiction. Staff has been involved in several enforcement actions over the years requiring trucks to cease operating from both residentially and non- residentially zoned property and working with NC DOT who enforces this restriction within their right-of-way. Unlike urban areas, accessing trucks within the County typically requires the use of an automobile (i.e. patrons have to drive to where the unit is located). Additionally trucks have staged their operation(s) on either developed property with inadequate infrastructure (i.e. waste disposal facilities, parking for patrons, etc.) to support them or on undeveloped property with no infrastructure whatsoever. An appeal of our determination, specifically trucks are not a permitted and/or accessory use of property, was heard by the Board of Adjustment in 2007. The Board affirmed staff's determination at that time. 2 Allowing trucks within the County's planning jurisdiction will involve changes to existing land use, and potentially other, regulations involving multiple internal departments and planning partners (i.e. Solid Waste, Environmental Health, Inspections, Emergency Services, NC Department of Transportation (NC DOT), etc.). BACKGROUND: Trucks are a self-contained food service operation parked and/or moved from site to site providing services to a transitory customer base. Typically they have self-contained wastewater and water supply systems and connection to other supplies is prohibited unless specifically approved. In consultation with the Orange County Health Department, staff has been informed there are provisions within existing administrative rules governing the construction and operation of trucks, which can be permitted by any County in North Carolina to operate anywhere (i.e. Trucks permitted in Alamance County by the local Health Department can operate in Orange County as well). The only caveat to this is trucks must operate in conjunction with a permitted restaurant or commissary, are subject to the terms and conditions of the permit for the base operation, and any other special conditions associated with the trucks permit. ISSUE: The issue(s) surrounding trucks, in no particular order, include- 1. Trucks are not listed as a permitted use of property within Section 5.2 Table of Permitted Uses of the Unified Development Ordinance (UDO). As a result they are prohibited (Section 5.1.1 of the UDO). 2. Trucks do not meet existing definitions and/or regulations to be considered a customary accessory use to a principal use of property. 3. Trucks typically park in urban centers or areas to take advantage of pedestrian traffic. Within the County's planning jurisdiction there is no central urban area for such units to stage. Patrons are required to drive to trucks in order to take advantage of their service(s) due to the separation of commercial and residentially developed areas as well as a lack existing pedestrian infrastructure (i.e. sidewalks). As reviewed in past discussions there are limits related to the placement of sidewalks within public rights-of-way as NC DOT does not maintain them. Given the lack of funds and personnel necessary to install and maintain sidewalks in perpetuity staff is unsure how pedestrian infrastructure could be installed/maintained to encourage access to commercial centers throughout the County. 4. When trucks stage on developed property they occupy parking spaces that are intended to serve existing businesses. This, technically, reduces the availability of required parking spaces necessary to support a non-residential land use below what the UDO requires as well as creates additional traffic/pedestrian conflict(s) internal to the site as people are attempt to access the non-residential land use and trucks at the same time. This creates a violation of land use regulations. 3 5. In several cases trucks have set-up operations on residentially zoned property (i.e. establishing a non-residential land use on residentially zoned property) creating a violation of land use regulations. 6. Staff is concerned over the inappropriate disposal of solid waste in accordance with the Solid Waste Management Ordinance. 7. Staff has heard concerns from restaurant owners over trucks being able to operate without being required to pay the same fees/taxes they are required to absorb. 8. There are existing regulations allowing for the holding of special events on certain commercially zoned parcels of property. Trucks can apply for a permit to engage in a `special event', with appropriate authorization from the property owner and provide a service to interested patrons. Staff has heard operators that they do not want to abide by existing limit(s) on the number of times annually they can operate under such a permitting process. Recently the BOCC received a petition from an individual requesting an amendment to local regulations allowing for the operation of trucks. The argument being trucks constitute a growing sector of the local economy and an inexpensive way for entrepreneurs to begin a restaurant. OPTIONS: In addressing this matter the following options appear to exist: a. Continue to prohibit the operation of trucks, unless associated with a special events permit, as there is a lack of available area and infrastructure to properly support them. b. Continue to allow trucks to apply for a special event permit(s) to operate on previously developed commercial property with the owner's approval. Special events can occur within the following general use zoning districts: • Community Commercial (CC-3), • General Commercial (GC-4), and • Medium Industrial (I-2) This will mean they will have to apply for the necessary zoning compliance permit authorizing the activity, abide by established operational limitations (i.e. occur no more than 7 days in a 30 day period and on no more than 50 days per year) and prove there is sufficient infrastructure (i.e. parking) on-site to support them. It should be noted there are relatively few parcels currently zoned in these three districts throughout the County. c. Continue to coordinate with Orange County Economic Development staff to assist operators to find existing, unoccupied, store fronts to house their operation(s). d. Direct Planning and Economic Development staff to review the feasibility of developing a business incubator focusing specifically on providing space and resources to restaurant and catering operations. 4 Through the development of this incubator the County can provide financial and technical assistance for interested parties to develop a restaurant/food service/catering operation and help transition them to a permanent location at an appropriate time. e. Modify existing land use regulations to allow trucks as a customary accessory use to existing non-residential development(s) within specified general use zoning districts. Trucks would be allowed to operate after a site plan is submitted and approved demonstrating there is sufficient area, parking, trash bins, etc. to allow the operation to commence. This process will also require the truck operator to pay for all associated review and permit fees necessary as detailed within the adopted Orange County Fee Schedule. STAFF COMMENT: If this option is selected there should be additional regulations adopted within Chapter 8 Businesses of the County Code of Ordinances establishing operational and licensing standards. It should be noted that at this time there does not appear to be a practical alternative address access issues for trucks. Trucks will still rely heavily on vehicular traffic for support.