REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT

Transcription

1 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON April 3, 2014 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 CHANGES TO THE ZONING AND BUSINESS LICENCE AND REGULATIONS BYLAWS REGARDING FOOD TRUCKS AND FOOD TRAILERS PURPOSE To amend Zoning Bylaw No to permit food trucks and food trailers (food trucks) in an expanded range of commercial and industrial locations, to amend Business Licence and Regulations Bylaw No to create regulations for food trucks operating on both zoned land and city streets, and to pilot a project to allow on-street food truck vending in specified locations in the City Centre. SUMMARY Currently, zoning regulations permit food trucks (classified as "sale from mobile vehicle") in a limited range of zones only: C-3 (Highway Commercial), C-4 (Service Commercial), C-5 (Shopping Centre), and C-3T (Travel Centre Commercial) for a maximum of two days per week. Additionally, food trucks are permitted in some parks where allowed via a Parks Permit. In response to the growing popularity of food trucks in other municipalities such as Vancouver and Portland, as well as requests made by food truck vendors to expand opportunities for these types of businesses, staff researched the issue. Food trucks can have positive impacts on the community, including animating streets and urban spaces and increasing consumer food choices provided appropriate measures are put into place to mitigate issues such as noise and impacts to on-street parking and brick-and-mortar restaurants. Having consulted with food truck operators, the Kamloops Chamber of Commerce, Kamloops Central Business Improvement Association (KCBIA), and North Shore Business Improvement Association (NSBIA), staff propose amendments to the Zoning Bylaw and Business Licence and Regulations Bylaw to permit food trucks in a wider range of commercial zones, as well as on-street locations where allowed by a Road Right-of-way Usage Permit. The proposed changes are summarized as follows: Zoning Bylaw amendments: - Create a definition for "food truck or trailer" that is distinct from the definition for "sale from mobile"; - Amend the P-1 (Parks and Recreation), C-1 (General Commercial), CBD (Central Business District), C-3 (Highway Commercial), C-4 (Service Commercial), C-5 (Shopping Centre), C-6 (Arterial Commercial), I-1S (Industrial Park), and I-1 (Light Industrial) zones to allow food trucks and trailers (Attachment "A"); and T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 35

2 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 April 3, 2014 Page 2 - Rezone 502 MacKenzie Avenue (Spirit Square) from C-1T (Tranquille Road Commercial) to P-1 (Parks and Recreation) to legitimize the existing park use and allow food trucks. Business Licence and Regulations Bylaw amendments: - Create a new definition for "food truck or trailer", amend licence fees to include food trucks, and provide regulations for food trucks operating on private property (number of food trucks permitted at a specific location, allowable times, etc.) and on city streets (requirements for insurance, keeping sidewalks clear, cleaning up waste related to the business, etc.). A copy of the bylaw to amend Business Licence and Regulations Bylaw No will be made available to Council and the general public prior to formal Council approval of the changes. On-street pilot project: - The City is proposing to implement a pilot project from mid-may to October 31, 2014, to allow food trucks on city streets in the following locations: Seymour Street west of 2nd Avenue (adjacent to Gaglardi Square); Victoria Street east of 5th Avenue (in front of the Paramount Theatre), alternating with 5th Avenue south of Victoria Street (in front of the Thompson-Nicola Regional District Library/Kamloops Art Gallery Building) (Attachment "B"); and - Food trucks operating on city streets will require a Road Right-of-way Usage Permit for the season. It should be noted that parallel to the proposed changes, the Parks, Recreation, and Cultural Services Department is investigating opportunities for food trucks in Riverside Park for 2014 and will continue to utilize seasonal Vending Permits for other parks. The proposed amendments to the Zoning Bylaw and Business Licence and Regulations Bylaw and the on-street pilot project are intended to be reviewed at the end of 2014 (and potentially again in 2015) to assess their impacts on existing businesses, on-street parking, and the community at large. Based on this evaluation, Council may choose to amend or rescind any regulations of concern. In summary, the proposed amendments to the Zoning and Business Licence and Regulations Bylaws were developed in consultation with food truck vendors and the business community. They seek to animate the urban environment and increase consumer food choices while addressing concerns such as impacts on existing restaurants and on-street parking. As the Public Hearing will provide an opportunity to comment on the proposed zoning amendments, staff advise Council to proceed as outlined in the recommendation. T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 36

3 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 April 3, 2014 Page 3 RECOMMENDATION: That Council authorize: a) A Public Hearing to consider amending Zoning Bylaw as follows: i) Division Four, Definitions, as follows: by deleting: '"Sale from Mobile Vehicle" means the sale of groceries, household items, and fast foods from a motor vehicle parked at a location for no more than two days in any one week.'; by adding: '"Sale from Mobile Vehicle" means the sale of groceries and household items from a motor vehicle parked at a location for no more than two days in any one week.'; and: '"Food Truck or Trailer" means a food truck or mobile trailer with a maximum length of 12.2 m, from which food and/or drink is prepared internally and dispensed externally, which is parked at a given private property location for no more than five days in any one week.'; ii) Division Eight, P-1 (Parks and Recreation), Section 801, Permitted Uses, by adding the following: - "Mobile food concession"; - "Food truck or trailer"; T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 37

4 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 April 3, 2014 Page 4 iii) Division Thirty-Five, CBD (Central Business District), Section 3501 Permitted Uses; Division Thirty-Seven, C-1 (General Commercial), Section 3701, Permitted Uses; Division Thirty-Nine, C-3 (Highway Commercial), Section 3901; Division Forty-One, C-4 (Service Commercial), Section 4101, Permitted Uses; Division Forty-Two, C-5 (Shopping Centre Commercial), Section 4201, Permitted Uses; Division Forty-Three, C-6 (Arterial Commercial), Section 4301, Permitted Uses; Division Forty-Six, I-1 (Light Industrial), Section 4601, Permitted Uses; and, Division Forty-Seven, I-1S (Industrial Park), Section 4701, Permitted Uses; by adding the following: - "Food Truck or Trailer"; iv) by rezoning Lot B, Plan 30743, K.D.Y.D. (502 MacKenzie Avenue), from C-1T (Tranquille Road Commercial) to P-1 (Parks and Recreation).; and b) Amendments to Business Licence and Regulation Bylaw No to create regulations for food trucks and food trailers. COUNCIL POLICY There is no applicable Council policy. DISCUSSION Background and Stakeholder Consultation In response to the growing popularity of food trucks in other municipalities such as Vancouver and Portland, as well as to requests made by food truck vendors to expand opportunities for these types of businesses, staff have researched the issue. The potential benefits from food trucks include generating street traffic and creating a more vibrant urban environment, economic spin-offs for other businesses, increased consumer food choice, and benefits to tourism. The potential concerns include real or perceived unfair competition for bricks-and-mortar restaurants, taking up needed on-street parking, blocking vehicle and pedestrian movement, improper grease disposal, and generation of noise and litter. T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 38

5 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 April 3, 2014 Page 5 To assist in understanding and addressing concerns related to food trucks, staff consulted with existing food truck operators in Kamloops, as well as with the Kamloops Chamber of Commerce, the KCBIA, and the NSBIA in the fourth quarter of The three business associations in turn consulted with their members. Restaurant associations, municipal governments, and business improvement associations in Kamloops and other locales in BC were also contacted as part of the process. Through the process, staff determined that increased opportunities for food trucks could be supported, provided that restrictions were put in place to address issues of concern. The following sections outline the bylaw changes proposed to address the issues identified. Zoning Amendments Currently, food trucks and trailers are classified as "Sale from Mobile Vehicle" in Zoning Bylaw No "Sale from Mobile Vehicle" is only permitted in the C-3 (Highway Commercial), C-4 (Service Commercial), C-5 (Shopping Centre Commercial), and C-3T (Travel Centre Commercial) for a maximum of two days per week. The rather limited range of zones and times permitted was likely intended to restrict vendors of all types of wares from establishing themselves permanently in parking lots throughout the City and in doing so, compromising aesthetics. Under the proposed zoning changes, staff propose to create the new land use category "Food Truck or Trailer". This land use category would be distinct from "Sale from Mobile Vehicle" (which would include groceries and household goods, but exclude food trucks), as well as from "Mobile Food Concession" (the use that classifies smaller mobile vendors such as hot dog stands and ice cream push carts). Staff propose to permit food trucks and trailers in the P-1 (Parks and Recreation), C-1 (General Commercial), CBD (Central Business District), C-3 (Highway Commercial), C-4 (Service Commercial), C-5 (Shopping Centre Commercial), C-6 (Arterial Commercial), I-1S (Industrial Park), and I-1 (Light Industrial) zones (Attachment "A"). These zones were selected to balance the demand from food truck operators for more locations in which to operate with staff's desire to keep them in high traffic commercial and industrial areas rather than in neighbourhoods. Accordingly, neighbourhood-oriented commercial zones are excluded from the proposal. While the proposed zoning changes significantly increase the area in which food trucks are permitted to operate, staff are of the opinion that the lease rates and other leasing requirements that property owners impose on food trucks will minimize the potential over proliferation of food trucks in the city. It should be noted that C-1T (Tranquille Road Commercial) zone was excluded due to concerns from the NSBIA that food trucks would impact existing brick-and-mortar restaurants. While the impact of the zoning changes on existing restaurants is expected to be minimal due to a proposed business licensing requirement that food trucks operate on private property located at least 50 m from an existing restaurant, staff respect the input from the NSBIA and have excluded the C-1T zone. Should the food trucks zoning amendments be successful in other parts of the city, food trucks could be allowed in this zone through a future zoning amendment, subject to support from the NSBIA. T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 39

6 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 April 3, 2014 Page 6 Staff are of the opinion that with the proposed business licensing restrictions in place (see below), impacts on existing restaurants and residents of Kamloops will effectively be mitigated. It should be noted that while the NSBIA has indicated concern about allowing food trucks on the C-1T-zoned Tranquille Road commercial corridor, the agency would like to see food trucks allowed in Spirit Square, which is zoned C-1T. As the current C-1T zoning for the property is no longer appropriate since the development of Spirit Square, staff recommend rezoning this property to P-1 (Parks and Recreation). Business Licence and Regulations Bylaw Amendments To complement the proposed Zoning Bylaw changes, staff also recommend changes to Business Licence and Regulations Bylaw No The proposed changes serve to create a licensing category for food trucks (distinct from other types of mobile concessions) and create a regulatory framework for licensing food trucks operating on both zoned property and city streets. Business licensing regulations for food trucks and trailers operating on appropriately zoned property include the following: A 50 m setback requirement from existing restaurants; No obstruction to pedestrian or vehicle flow; Keeping the area adjacent to the food truck clean and disposing of grease in an approved manner; Minimizing noise impacts of generators; Limiting the number of food trucks on a property to one at a time; Limiting the hours of operation to avoid nuisance issues associated with late night operations; and Limiting signage and other paraphernalia to avoid visual clutter and maintain traffic flow. Staff are of the opinion that the above noted business licensing restrictions will effectively mitigate community impacts from food trucks operating on commercial and industrial property. Food trucks wishing to operate on city streets would need to obtain a Road Right-of-way Usage Permit from the City's Development and Engineering Services Department. The permit would be subject to the proposed Business Licence and Regulations Bylaw regulations, including the following requirements: That food trucks obtain a Business Licence prior to operating; That food trucks operating on public property obtain and maintain comprehensive general liability insurance; That food truck operators keep the surrounding area clear of waste and pick up any garbage generated from the business from the vicinity; That all signage and paraphernalia be affixed to the vehicle to maintain clear roadways and sidewalks; and That noise impact from generators be minimized. T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 40

7 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 April 3, 2014 Page 7 Staff are of the opinion that the proposed changes to the Business Licence and Regulations Bylaw will mitigate issues associated with food trucks operating on city streets. Should food trucks fail to comply with any of the regulations, staff reserve the right to cancel their Business Licence or Road Right-of-way Usage Permit. On-street Pilot Project Following adoption of the bylaw changes outlined in this report, staff propose to implement an on-street food truck pilot project from May 1 to October 31, 2014, which would allow food trucks at the following locations: Seymour Street west of 2nd Avenue (adjacent to Gaglardi Square); and Victoria Street east of 5th Avenue (in front of the Paramount Theatre), alternating with 5th Avenue south of Victoria Street (in front of the TNRD Library/Kamloops Art Gallery Building) (Attachment "B"). Selection of these locations was based on the following criteria: Availability of wide sidewalks; Proximity of public parks or plazas, including areas with benches and trees; Availability of electrical power; Minimal impact to public customer parking: - The Gaglardi Square site will convert part of an underutilized right turn lane into a loading zone/food truck stall (no impact); - The 5th Avenue site will convert one existing loading zone stall and one public parking stall into loading zone/food truck stalls (loss of one stall); - The Victoria Street site will convert one underutilized loading stall and one public parking stall into a loading zone/food truck stall (loss of one stall) Minimum setback of 50 m from a restaurant on the same block face (e.g. the Victoria Street location is 57 m from the closest restaurant, Oriental Gardens); and Endorsement from the KCBIA. As noted above, the proposed pilot project will result in the loss of two customer parking stalls in the downtown core; however, it should be noted that food truck stalls may be used by the general public for loading and unloading when not being used by a food truck with a valid permit. Additionally, staff are in the process of reviewing traffic and parking patterns in the downtown core to determine how the availability of on-street parking stalls may be increased. Staff will be preparing a report to Council in the near future on the creation of additional downtown on-street parking stalls in The proposed on-street food truck pilot project will be administered via Road Right-of-way Usage Permits, issued to individual truck operators that meet the requirements. The fee for the permits will be $15 per day, plus a $25 permit application fee, in accordance with Road Right-of-way Usage Bylaw No For a food truck operating two days a week for 20 weeks, the annual permit fee would be $625. For operation four days a week, the annual permit fee would be $1,250. These fees are in line with those recommended for food trucks by the Chamber of Commerce ($1,200-$2,400 annually). T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 41

8 ZONING BYLAW AMENDMENT APPLICATION NO. ZBA00079 April 3, 2014 Page 8 In conclusion, staff are of the opinion that the proposed pilot project will help to increase consumer food choices and animate two key public downtown spaces, Gaglardi Square and the TRND/Kamloops Art Gallery, by increasing pedestrian activity. Furthermore, the measures proposed in this report adequately address concerns related to generation of litter and noise, the availability of on-street parking, and impacts to existing, established restaurants. At the end of 2014 (and potentially at the end of 2015), staff will review the impacts of the bylaw changes and the on-street pilot project on existing businesses, on-street parking, and the community-at-large. The evaluation would include review of complaints and bylaw infractions, as well as consultation with the KCBIA, the NSBIA, and the Chamber of Commerce. Based on this evaluation, Council could choose to amend or rescind any regulations that are causing issues, if applicable. For example: Modify buffer distances from neighbouring restaurants; Amend C-1T (Tranquille Road Commercial) zoning regulations to allow food trucks and/or identify on-street locations, if desirable to the NSBIA; and Modify or remove designated on-street food truck locations and/or modifying the permit process as needed. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Concurrence: J. Wilson, Community Safety and Enforcement Manager Author: S. Bentley, RPP, MCIP, Planner Reviewed by: R. Lambright, RPP, MCIP, Planning and Development Manager SB/tb/kjm/dla Attachments T:\DES\PLAN & DEV\REP\2014\ZBA00079.docx 42

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