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HomeMy WebLinkAboutRFD - 21-00802 - Mobile Vendors & Mobile Vending Court - Development Code Added Section 1 | P a g e #21 00802 Development Code – Ordinance Amendment to 1200 Mobile Vendors & Mobile Vending Court 1. October 12, 2021, An application was received for a Development Code Ordinance Amendment to 1200 from City of Rexburg Staff. 2. October 15, 2021, Staff Reviews were completed. 3. October 13, 2021, Notice was sent to the newspaper to be published on October 19th and November 26th, 2021. 4. November 18, 2021, Alan Parkinson presented the application to the Planning & Zoning Commission. 6:40PM (21-00802) Mobile Vendor – Development Code Ordinance Amendment. A previous draft was presented to the Commission and City Council in response to brick-and- mortar, business complaints with mobile vendors. After receiving input from community members, it was determined a more comprehensive review of the ordinance was needed prior to approval and the previous draft was denied. This ordinance represents those changes. (action) – City of Rexburg Applicant Presentation & Staff Report: Alan Parkinson – City of Rexburg – One of the key elements Staff realized was in the previous draft there was an emphasis on food alone. Why would we limit this to food? The previous ordinance did not regulate someone who wants to sell t-shirts, hats, sculptures, etc. Now the ordinance allows mobile vendors of all types, including fireworks stands. One of the questions that came up during input with current mobile vendors, was regulations for how trailers are set up. Now, the ordinance reads the International Business Code (IBC) and the International Fire Code (IFC) requirements need to be met as they are adopted by the City. Amendments made to the map, because some of the areas identified did not fit, like one in a residential only area on 1st North. Alan asked for questions. Commissioner Questions: Aaron asked who does the inspections? Alan said the Building Department, Fire Department, and the State has inspections for the construction of the trailers. Bret, Building Official, said the Department of Health & Welfare will jump in for food services. Greg said are we in conflict with the International Building Code (IBC) already. Bret, Building Official, said the application of the IBC depends on the specifics of the structure. Electrical, water, or sewer services or connections would fall under their city, adopted codes as applicable. David asked if there is the monitoring of generators and fuels 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg 2 | P a g e will be a city responsibility. Alan said those are all fire department regulations. This simplified the code and kept the ordinance current. Chairperson Smith opened the public input portion of the hearing at 7:18PM. Favor: None Neutral: Jessica Mortensen – 210 Nez Perce, Rexburg – She is neutral because there are some things she is for and some things she does not believe are necessary. Jessica appreciates the time Staff has taken to listen to the mobile vendors’ concerns. Many of those concerns were addressed in the changes presented tonight. The fifty (50’) feet rule was removed. Seasonal was changed to Private Property Vendor. The changes make sense. The concerns she has, now that she is looking for a new spot, she has to look at the potential for a mobile vending court. She is not sure a mobile vendor would be able to afford the rent a landowner would need to charge for the required developments. Jessica will not want to sign a year-round contract, because she does not want to be open year-round. Starter businesses would be paying almost as much as a brick-and-mortar business. She is not aware of more than two vendors at a location. The screening of garbage language was confusing, because a lot of brick-and-mortar food locations do not screen their dumpsters. The vendors cannot see from a profiting standpoint the benefit of using the mobile vending court option. She is finding places to cooperate with established businesses is difficult. Dave Thompson could not attend, and he asked Jessica to pass on a few points. He is worried that the bbq trucks will not be able to meet the requirements now. She and Dave have had quite a few vendors reach out to them. They are waiting to see how this ordinance goes to determine if they will come to town. Jessica has considered not reopening. Some of the landowners they have talked to are willing to put in the money and some are not. Robyn Eastin – 965 Green Haven, Rexburg – She is here to support what Jessica has said. She has similar concerns. The cost is a concern, and the movement of her mobile vending structure is more difficult. There was a part in the previous ordinance where seasonal vendors could only be located on a parcel for six (6) months at a time if the parcel was privately-owned. Alan confirmed the 6-month clause has been removed. Robyn continued, at the Porter location, she had to move due to the timing of the change of this 6-month rule. For her, it is not about her or the money, but it is about the fun, community, involvement, and opportunity to employ young people. Because it is becoming a burden to move, and find a location, it is becoming more complicated. She will not go the mobile-vendor route. She is looking for a place to set up permanently, year-round. She is also appreciative of Staff to simplify and welcome the mobile vendors into the community. She has owned Snoasis for fifteen (15) years and Soda Vine. Robyn would hate to see the mobile vendors disappear. Opposed: None Written Correspondence: None Rebuttal: None Chairperson Smith asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:30PM. 3 | P a g e Conflict of Interest? – Chairperson Smith asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. Commissioner Discussion: John asked about the how many vendors are on the piece of land the ladies are looking at. Jessica clarified there are no mobile vending courts. The property she was previously on has been sold. There are several options the mobile vendors could be a part of. Aaron clarified any kind of vendor can go on private property. And any vendor can go in the mobile vending court? Alan confirmed this is the case. The private property option is less restrictive. The opportunity of a mobile food court is being established by this ordinance. Aaron said if you go to Austin, Denton, Dallas, or Chicago have amazing mobile food courts. His grandfather was a huge advocate for a freeway system and the oil and gas companies were there biggest opponents. This ordinance is moving in the right direction. The mobile vending courts will be privately run. If someone charges too much, than the other guy will beat him by offering less; private competition will fix any inefficiencies in the market. The mobile vending court sets a situation up for the future. He appreciates the work that has been done. In every city he has seen it done correctly, it has been a homerun. Alan said the goal of the rewrite was to make things more simple and easier. Greg said operating time is from April to October. Are there any locations that operate year-round with our climate? Alan said he is not sure of one that has our same climate, many food courts are located in warmer areas to allow a longer operation time period. A mobile-vending court is more of a permanent situation like a brick-and-mortar. Some screening of dumpsters are grandfathered, but new businesses are required to comply with the dumpster screening. Sewer, water, grease, and natural gas need to be monitored in a mobile vending court and inspected. Robyn asked if you are still allowing two mobile vendors on the same property. Alan said this would still be allowed, but once there are three mobile vendors, a mobile vending court set-up is needed. Greg asked how the mobile vendors are regulated in Logan, Utah. Jessica said the requirements are similar, but they do not have a mobile-vending court; they are operating in developed, parking lots. Chairperson Smith appreciates the coordination with the mobile vendors changes that have been made with this ordinance. David appreciates the time spent on this ordinance. He is glad to see some of the prohibitive requirements pulled out; this seems to be a more flexible arrangement. The challenge right now is market forces. No one has developed a mobile court, yet. He likes where this ordinance is going. John likes this ordinance; he used to own many fast-food restaurants. He agrees with Aaron, this situation is coming; this is what the city is trying to do to prepare the community for the mobile vending opportunities. This ordinance is a great concept. Let’s continue to work on it and get it going. MOTION: Motion to recommend to City Council to approve the Mobile Vending ordinance as drafted, because this document captures a good deal of compromise between the vendors and the city., Action: Approve, Moved by Aaron Richards, Todd Marx seconded. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 6). 4 | P a g e Yes: Aaron Richards, David Pulsipher, Greg Blacker, John Bowen, Sally Smith (Chairperson), Todd Marx. 5. December 1, 2021, Alan Parkinson presented the application to City Council. Planning and Zoning Recommendation to Approve an Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones #21-00475 with an Effective Date of January 1, 2022. Designated as Ordinance No 1263 if Motion Passes and Considered 1st Read – Alan Parkinson Planning and Zoning Administrator Parkinson explained the proposed ordinance had been brought to City Council for consideration; however, there were concerns brought forth from the public and city staff and the ordinance was denied. Those concerns have been addressed and changes have been made to the proposed ordinance. Some of those concerns were existing mobile businesses having to move every six months, that condition was too restrictive and has been removed from the ordinance. The other concern was regarding the use of porta potties at these mobile businesses. They determined porta potties would be allowed to meet the employees and patrons needs. The mobile structure is required to be stationed on a paved lot. Planning and Zoning Administrator Parkinson said an agreement between the mobile business owner and property owners regarding the use of the property owner’s restroom facilities is also allowed per the ordinance. Some of the inspections of the mobile structure have been scaled back due to manufacture inspections at the time the structure is built and the Health Department inspections for sanitation purposes. The structure also needs to meet the adopted city codes such as the International Building Codes and International Fire Codes. Planning Zoning Administrator Parkinson explained when there are more than two mobile businesses on a parcel, they will need to move to an established food court. When there are more than two mobile businesses on a parcel, then parking, traffic and garbage issues tend to arise. The development of a food court is going to be inexpensive due to infrastructure costs. Jessica Mortensen said this proposed ordinance will make it feasible for mobile vendors to operate; however, she does have concerns regarding the food court. She is in the process of looking for another location for her mobile business because the property where she was operating from has been sold. There isn’t an incentive for a business owner to develop a food court due to the proposed restrictions in the ordinance. She questioned if the goal was to have an established food court, the idea is great without some of the proposed restrictions. Some of the food courts in other states are city owned. Council Member Flora asked Mrs. Mortensen when considering a location for her mobile business is her preference to be the single vendor on the parcel or does she look to group together with other vendors. Mrs. Mortensen replied, her business has been the single business on a parcel; however, she doesn’t shy away from grouping together with other mobile vendors. When there are a variety of vendors it does attract more customers. She has been on her own because of the locations she has 5 | P a g e been able to secure. If the proposed ordinance is passed, she will remain on her own because she only operates for six months, and a food court owner would require a one-year lease. Council Member Flora asked Mrs. Mortensen which section of the ordinance she finds to be the most complicated. Mrs. Mortensen replied, the cost to add restroom facilities, landscaping, and pavement is restricting. A property owner contacted her and asked her if she would be interested in leasing their property to establish a food court; however, due to the cost of building the infrastructure and not knowing if sufficient vendors will want to operate from the food court it’s difficult to determine if the food court is even feasible. Council Member Johnson asked about the business registration fee for mobile food vendors. Planning and Zoning Administrator Parkinson explained the fee is $250. He explained an agreement may be made between an existing brick and mortar business to allow mobile vendors to set up on their property and use the businesses infrastructure. A mobile food court would not necessarily have to build restrooms if an agreement is made with that business. All businesses should be required to have restrooms for their employees. Council Member Johnson asked if there are locations with three vendors or more. Planning and Zoning Administrator Parkinson said currently there are no food courts with more than three vendors. He mentioned the proposed ordinance allows for mobile vending and pushcart vending from certain locations in the city. Planning and Zoning Administrator Parkinson said he contacted other cities similar in size and weather to Rexburg and have these types of mobile food courts. Some of the aspects of the proposed ordinance are based on their ideas that have been working for these cities and are successful. When there are more vendors in one location, they do generate more customers. Council Member Johnson said she appreciates the safety aspects of a food court to allow for parking, traffic, and customer safety. Mr. Niebaur expressed his concerns with mobile vendors being stationed at an existing business due to parking regulations that brick-and-mortar businesses adhere to. He said there is an option of having mobile vendors operate from inside a building; however, that is a step further than the mobile vendors’ desire. He said there are sidewalk vendor, food courts, brick-and-mortar businesses, he asked City Council to not subsidize one over the other. David Mortensen asked if porta potties are allowed when two mobile vendors are stationed in one location, why are they then not allowed when there are three or more vendors. A mobile food court is appealing; however, the financial constraint of having to add permanent restrooms is not feasible for the mobile vendors. Planning and Zoning Administrator Parkinson mentioned there have been interested parties who have contacted him regarding establishing a food court. Council Member Flora said she is in favor of the removal of six-month rule, the option of pushcart vending on the designated streets, that there is 6 | P a g e more accessibility that facility agreement can be reached between businesses without city involvement. She said if there is a property owner interested in establishing a food court and if the ordinance is making it impossible for a food court to be established, then that is something needing to be addressed. Council Member Mann expressed his concerns with the unintended consequences related to the passing of this ordinance; however, if passed changes can be made to the ordinance once issues become apparent. Some of those issues include parking around city parks. Council Member Wolfe said he is in favor of increasing the number of vendors in one location from three to five and a certain amount of porta potties be allowed with cleaning stations before permanent restrooms are required. Discussion regarding the number of vendors on a parcel. Council Member Johnson expressed her concerns with pedestrian safety with increasing the number of vendors to five instead of three on one parcel. Mayor Merrill said the size of the location would determine the number of vendors due to parking regulations. Planning and Zoning Administrator Parkinson clarified when there are three vendors on undeveloped property once that number is exceeded, the purpose of the ordinance is to have the mobile vendors move from the undeveloped property to a development location where there is parking, a paved lot, buffers, and restroom facilities on the property which create safety for customers and employees. When vendors are operating for a food court, the food court owner has the option of providing porta potties or build permanent facilities. Planning and Zoning Administrator Parkinson said when two to three mobile vendors are on an undeveloped parcel safety concerns arise, the purpose of this ordinance is to help mitigate those concerns. Council Member Johnson reiterated her concern with increasing the number of allowed mobile vendors on an undeveloped parcel. She said allowing more than three vendors to operate from one parcel is concerning to her due to safety. Tina Lush said she is a property owner and has considered establishing a food court; however, the cost to provide the infrastructure is not feasible with most mobile vendors only paying about $400 per month in rent to move into a food court the property owner would need to charge about $2,000 a month in rent. She mentioned with Rexburg having a college, the mobile vendors make it affordable for students to be able to purchase their items. Council Member Wolfe moved to approve an Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones with an Effective Date of January 1, 2022, with the following conditions: increase the density to allow three vendors to operate on one parcel and amend 9.04.060 Mobile-Vending Court letter (H) # 3. No Existing Restrooms. Permanent restrooms shall be constructed where there is not access to existing restrooms facilities. (No portable restrooms will be permitted) to allow portable restrooms when permanent restrooms are non- existing or inaccessible. Discussion: Council Member Flora asked the ordinance to be reviewed in six month or sooner to discuss any concerns; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: 7 | P a g e Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried. 6. December 15, 2021, the application was 2nd Read by City Council. Ordinance No 1263 Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones #21- 00802 with an Effective Date of January 1, 2022. – Alan Parkinson Council Member Flora moved to approve Ordinance No. 1263 an Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones with an Effective Date of January 1, 2022, with the following conditions: increase the density to allow three vendors to operate on one parcel and amend 9.04.060 Mobile-Vending Court letter (H) # 3. No Existing Restrooms. Permanent restrooms shall be constructed where there is not access to existing restrooms facilities. (No portable restrooms will be permitted) to allow portable restrooms when permanent restrooms are non- existing or inaccessible and consider second read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried. 7. January 5, 2022, the application was 3rd Read by City Council and finally considered. Ordinance No 1263 Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones #21-00802 with an Effective Date of January 1, 2022. – Alan Parkinson 8 | P a g e ORDINANCE NO 1263 Rezone Approximately 301 South 12th West, Rexburg, Idaho to Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2) and Low Density Residential 3 (LDR3) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council President Busby moved to approve Ordinance No. 1263 an Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones with an Effective Date of January 1, 2022, with the following conditions: increase the density to allow three vendors to operate on one parcel and amend 9.04.060 Mobile-Vending Court letter (H) # 3. No Existing Restrooms. Permanent restrooms shall be constructed where there is not access to existing restrooms facilities. (No portable restrooms will be permitted) to allow portable restrooms when permanent restrooms are non- existing or inaccessible and consider third read; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried.