FEEDING FRENZY. Rod Arroyo, AICP American Planning Association April, 2014 OVERVIEW FEEDING FRENZY: MAKING SENSE OF MOBILE FOOD VENDING

Transcription

1 FEEDING FRENZY MAKING SENSE OF MOBILE FOOD VENDING Images by Clearzoning, Inc. Rod Arroyo, AICP American Planning Association April, 2014 OVERVIEW Background What is Mobile Food Vending? Pros/Cons of Mobile Food Vending Addressing Concerns Through Zoning Questions Image by Clearzoning, Inc. 2 Rod Arroyo, AICP rod@clearzoning.com 1

2 BACKGROUND Food trucks are popular and the growth of mobile food trucks will soar in the next few years, generating up to $2.7 billion in revenue nationally by 2017 up from $650 million in 2012 Amplifying the push for food trucks: buying local and food-as-entertainment (such as Great Food Truck Race on the Food Network) Ice cream trucks and job-site lunch wagons are being joined by gourmet trucks and trucks specializing in ethnic offerings. Quality is up!!! Source: Emergent for the National Restaurant Association 3 BACKGROUND National and local conferences, books, and resources 4 Rod Arroyo, AICP rod@clearzoning.com 2

3 HOW DO COMMUNITIES REGULATE? Land use regulations vary widely Typically treated as temporary uses with standards relating to traffic, parking, consumer amenities, etc. May be on public and/or private property (varies) Licensing, permits - address health concerns & public rightof-way use Controversy / perceived conflict with existing businesses 5 HOW DO COMMUNITIES REGULATE? Many zoning codes do not contain up-to-date definitions for mobile food vending nor do they include any standards that specifically relate to vending and the issues that may arise. Whether intentionally or unintentionally, many communities prohibit mobile food vending. 6 Rod Arroyo, AICP rod@clearzoning.com 3

4 WHAT IS MOBILE FOOD VENDING? Regulatory codes for many communities recognize transient merchants those those goods and services provided by a traveling vendor often a general law reg. An ice cream truck is an example of a transient merchant who is mobile most of the time, stopping only when requested, and even then for a few short minutes. Many of today s food trucks or carts may stay in place for a few hours. Some food trucks may be in one location for days, weeks, or even months. Image by Clearzoning, Inc. 7 WHAT IS MOBILE FOOD VENDING Mobile food vending is often in the form of trucks that are easily relocated throughout a community. Also can include trailers, food kiosks, and food carts. Food kiosks are temporary stands or booths that are typically intended to sell prepared foods, including ice cream, pretzels, nuts, and the like. They may be found inside a large office building or shopping mall, but may be secured for outside use. May be treated as an accessory use. Green carts are a term for carts offering fresh produce in certain areas of New York City, which has special regulations for these uses ( 8 Rod Arroyo, AICP rod@clearzoning.com 4

5 Green Carts Only permitted in areas underserved with stores carrying fresh fruits and vegetables 9 WHAT IS MOBILE FOOD VENDING Food Cart/Green Cart n Myers/ Source: Da commons Source: wikimedia c Food Kiosk 10 Rod Arroyo, AICP rod@clearzoning.com 5

6 WHAT IS MOBILE FOOD VENDING Food Carts Image by Clearzoning, Inc. 11 PROS & CONS OF MOBILE FOOD VENDING Pro: With a reasonable barrier to entry, it provides an t it t i j b d b i opportunity to increase jobs and businesses. The cost of starting a food truck business can begin at $25,000, where a traditional bricksmortar establishment may start at $300,000, according to research by Intuit for the National Restaurant Association. Source: wikim media commons 12 Rod Arroyo, AICP rod@clearzoning.com 6

7 PROS & CONS OF MOBILE FOOD VENDING Pro: It offers opportunities to provide food choices where zoning excludes restaurants. Euclidean zoning often leads to office workers being located away from districts that permit restaurants. Mobile food vending brings food service to the market for limited hours. Image by Clearzoning, Inc. 13 PROS & CONS OF MOBILE FOOD VENDING This area in metro Detroit was developed under traditional Euclidian zoning regulations, where uses are separated from each other. Fitness Use Office Use One Mile Restaurants Source: Openstreetmap.org 14 Rod Arroyo, AICP 7

8 PROS & CONS OF MOBILE FOOD VENDING Pro: It offers opportunities to provide food choices h h i li it d where choices are limited. Some communities may not enjoy a variety of healthy, fresh foods they may encourage such food vendors in certain neighborhoods by relaxing requirements. New York s green carts initiative allows additional permits to be issued over the city s defined limit to mobile food vendors that offer fresh produce in underserved neighborhoods Kansas City, Missouri, offers reduced permit fees for mobile food vendors in city parks that meet certain nutritional standards. 15 PROS & CONS OF MOBILE FOOD VENDING Pro: It can increase activity in struggling business districts by creating a dynamic environment where people gather around the availability of new and fresh food. Food trucks can be a way to energize an area, generating traffic for existing businesses and possibly spinning off new business activity. Social media used by mobile food vendors can build up a certain level of excitement and anticipation that can make a positive social impact. Cart-pods and food truck rallies bring multiple mobile food vendors to one location, creating a festive atmosphere in an area for a short time 16 Rod Arroyo, AICP rod@clearzoning.com 8

9 PROS & CONS OF MOBILE FOOD VENDING Food Truck Rally Ads Source: Russ Herschler 17 PROS & CONS OF MOBILE FOOD VENDING Royal Oak Farmers Market Images by Clearzoning g, Inc. 18 Rod Arroyo, AICP 9

10 PROS & CONS OF MOBILE FOOD VENDING Royal Oak Farmers Market Ima ges by Clearzoning, Inc. 19 PROS & CONS OF MOBILE FOOD VENDING Pro: It signals to other potential businesses that the community is adapting to the evolving economy and supporting entrepreneurship. Mobile food trucks are a new way of doing business; Communities that anticipate the demand from businesses and consumers may also find that this flexibility signals receptivity to new business models. 20 Rod Arroyo, AICP rod@clearzoning.com 10

11 PROS & CONS OF MOBILE FOOD VENDING Pro: It is a way for restaurateurs to test the local k t f f t b i k d t f iliti market for future bricks-and-mortar facilities. Mobile food trucks offer opportunities to interact with a potential market, test recipes and pricing, and see if the restaurant is a fit with the community. 21 PROS & CONS OF MOBILE FOOD VENDING Cons: Community impacts and conflicts Maintenance / Appearance Trash Parking Noise Vehicular and pedestrian circulation issues Conflicts with bricks & mortar businesses Cons: Operational challenges for businesses Unpredictable weather Inventory management (limited storage) Need to find the market 22 Rod Arroyo, AICP rod@clearzoning.com 11

12 ADDRESSING CONCERNS THROUGH ZONING Communities should start t by defining i the uses and then consider each of the following questions: Where should such uses be permitted? 23 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? 24 Rod Arroyo, AICP rod@clearzoning.com 12

13 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? 25 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? 26 Rod Arroyo, AICP rod@clearzoning.com 13

14 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? 27 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? When can food trucks operate? 28 Rod Arroyo, AICP rod@clearzoning.com 14

15 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? When can food trucks operate? How are customer parking and circulation accommodated? 29 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? When can food trucks operate? How are customer parking and circulation accommodated? How are these uses reviewed and permitted? 30 Rod Arroyo, AICP rod@clearzoning.com 15

16 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? When can food trucks operate? How are customer parking and circulation accommodated? How are these uses reviewed and permitted? What do vendors and their customers want or need? 31 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? When can food trucks operate? How are customer parking and circulation accommodated? How are these uses reviewed and permitted? What do vendors and their customers want or need? How is signage for the mobile unit regulated? 32 Rod Arroyo, AICP rod@clearzoning.com 16

17 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? When can food trucks operate? How are parking and circulation accommodated? 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? 33 ADDRESSING CONCERNS THROUGH ZONING Communities should start by defining the uses and then consider each of the following questions: Where should such uses be permitted? How long should a food truck be permitted in one location? Just food, or can other goods be sold as well? Does the community want to increase activity? How to address upkeep and maintenance? When can food trucks operate? How are parking and circulation accommodated? 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? How will food carts, kiosks, and trucks be addressed? 34 Rod Arroyo, AICP rod@clearzoning.com 17

18 DEFINITION Mobile food vendor: person(s) selling foods from a mobile food vendor unit. This definition shall not include solicitors, peddlers and transient merchants as defined in Section 22-1, Peddlers and Solicitors, of the Grand Blanc Township Code of Ordinances. Mobile food vendor unit: a self-contained mobile unit, independent with respect to water, sewer and power utilities, capable of moving or being moved, consisting of an enclosed truck, enclosed trailer or similar mounted unit that contains equipment used for the preparation and/or sale of food products and is closed up when not in operation. --Grand Blanc Township, Michigan 35 LOCATION Start with the community s comprehensive plan: Is there a need or desire to increase activities in specific parts of the community? Are there concerns about the impact of single-purpose districts (especially office and industrial) on connectivity, traffic congestion, and business retention and recruitment? Are there any areas in the community where the population is underserved with food choices? Invite residents and business owners to share their thoughts ht on where mobile food vending might be appropriate and desirable. Hold a food truck rally to gauge interest 36 Rod Arroyo, AICP rod@clearzoning.com 18

19 LOCATION Public property: Some communities make a distinction between vending on public property, which often requires a license but may not regulated by zoning, and private property, which often requires a temporary use permit and is regulated by the zoning ordinance. Consider leasing on-street parking spaces When permitted on private property, zoning standards should require evidence of property owner approval. Other site-related standards may apply 37 LOCATION Consider allowing food trucks and bricks & mortar restaurants to lease on-street parking spaces Image by Anthony Arroyo Image by Clearzoning, Inc. 38 Rod Arroyo, AICP rod@clearzoning.com 19

20 LOCATION Some communities place a minimum distance between mobile units and bricks-and-mortar restaurants or a distance requirement between mobile units and residential districts or limit hours of operation. Ensure regulations are narrowly tailored El Paso repealed its locational requirement of 1,000 feet from brick-mortar establishments following a 2011 lawsuit to provide sufficient opportunities for mobile food vendors (Berk and Leib 2012). 39 LOCATION Test locational restrictions to ensure that realistic business opportunities exist. National League of Cities report suggests no greater than 200 ft. However, consider context. 200 ft. could exclude most locations in a downtown area. Some communities use ft. in urban settings. 40 Rod Arroyo, AICP rod@clearzoning.com 20

21 LOCATION The American Heart Association reports that several communities 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 available (2012). Woodland, California, prohibits mobile food vending within 300 ft of a public or private school, but will allow them on school property when approved by the school (Woodland CA City Code 14-15). 41 LOCATION Image Courtesy: Georgia Tech Georgia Tech Food Truck Tournament Students vote for which food trucks will be invited Rod Arroyo, AICP rod@clearzoning.com 21

22 LOCATION Image Courtesy: Anthony Arroyo New York University Trucks stop at lunch time on public streets in front of the Stern School of Business DURATION Public property vs. Private Property May need to place in context t Wide variety of regulations: City of Chicago: 2 hours National League of Cities report suggests using 4 hours or longer Others: varies from no time limit to 45 minutes 1 hour Consideration: Is the community trying to build up demand/a market? Concerns over adjacent property adjust duration accordingly 44 Rod Arroyo, AICP rod@clearzoning.com 22

23 GOODS AVAILABLE FOR SALE Many communities are very specific that only food be sold be sold Selling only food may be a good approach to testing mobile vending As people get used to mobile vending, more products may be sold in this fashion. City of Ferndale, Michigan allows a variety of goods to be sold, including apparel, jewelry, household goods and furnishings. Penguin Books recently introduced a mobile bookstore 45 GOODS AVAILABLE FOR SALE Twitter page for Penguin Book 46 Rod Arroyo, AICP rod@clearzoning.com 23

24 GOODS AVAILABLE FOR SALE Facebook page for Tour De Fashion, Colorado "A mobile boutique presenting the local and the unique" 47 GOODS AVAILABLE FOR SALE Bark Truck (Indiana): kt k City of Westfield, IN: 48 Rod Arroyo, AICP rod@clearzoning.com 24

25 One at a time NUMBER OF UNITS IN ONE LOCATION Some communities worry about trash, noise, congestion Food truck rally: Typically an event City of Royal Oak started as way to add year-round activities to the Farmers Market Mobile food court: Where e two+ mobile vending units congregate Fort Worth TX allows a mobile food court to operate essentially as one business, with joint amenities (tables, chairs, etc.). 49 NUMBER OF UNITS IN ONE LOCATION Mark s Carts a mobile food court in Ann Arbor Michigan in Ann Arbor, Michigan Each food cart is individually owned by the vendors, and each presents a different style of ethnic or regional food. Application process through property owner City s zoning ordinance says for outdoor food sales, there must be some business onsite that does something similar, such as a grocery store hosting a farmers' market in its parking lot. [Downtown Home and Garden has a food stand inside] 50 Rod Arroyo, AICP rod@clearzoning.com 25

26 NUMBER OF UNITS IN ONE LOCATION 51 TRASH Standards for trash removal vary, often depending th d ti d l ti f th di on the duration and location of the vending. Most communities require waste receptacles Many require waste to be removed daily Where seating is allowed, more trash will be generated on site. 52 Rod Arroyo, AICP rod@clearzoning.com 26

27 HOURS OF OPERATION Often depends on location Office/industrial parks: may limit to breakfast/lunch times Other areas may serve a dinner crowd Consider potential impacts of hours on adjacent uses 53 LICENSES & PERMITS Most communities typically require: Permits or licenses, whether on private or public property Compliance with health codes and other codes Some communities cap license available for food trucks, which can be a good way to test regulations as well as impact Some communities require review: Grand Rapids requires a planning commission approval, and gives standards for consideration, including an assessment asking [w]ill the proposed stand, trailer, wagon or vehicle contribute to the general aesthetic of the business district and include high quality materials and finishes? 54 Rod Arroyo, AICP rod@clearzoning.com 27

28 SITE AMENITIES Some communities do not allow tables/chairs Many who do also require sanitary facilities Some communities offer flexibility in provision of amenities Seattle requires all mobile food vending be located within 200 ft of a usable restroom 55 SIGNAGE The mobile vending unit itself essentially functions as a sign a sign. Some communities do not have additional regulations for mobile vending units The City of Kalamazoo allows one sign on the mobile vending unit but no additional signage. A-frame/sandwich board signs may be useful for menus, specials, or additional directions. Many mobile vendors rely on social media to advertise and let customers know their locations 56 Rod Arroyo, AICP rod@clearzoning.com 28

29 LIGHTING Doesn t seem to be as commonly addressed as th i other issues Grand Blanc Township requires mobile food units to be lit with available site lighting; no additional lighting is permitted unless the ZBA finds that exterior lighting, mounted to the unit, will not spill over onto adjacent residential uses. In most cases, other applicable lighting requirements in the community will apply Good to include reference in regulations 57 RECAP Food Trucks can be a great tool to: Energize a space Provide food options where they are limited Encourage entrepreneurship and business growth Engage residents and visitors in a community Communities may consider standards that address: Location Duration Goods available Number of units at one time Trash/maintenance Hours of operation Licenses/permits Site amenities, signage and lighting 58 Rod Arroyo, AICP rod@clearzoning.com 29

30 FOOD FOR THOUGHT Zoning regulations for mobile food vending can be flexible and responsive to community and business needs and responsive to community and business needs. How might we develop other flexible zoning tools that respond to and encourage other entrepreneurial and community uses? Pop-Up shops and restaurants in vacant buildings and/or other areas? Interim art and/or recreation spaces Clearzoning, Inc. Be open to new ideas consider pros/cons & potential issues based on today s discussion points 59 THANK YOU Questions? Contact info: Rod Arroyo, AICP President, Clearzoning, Inc. rod@clearzoning.com A copy of this presentation can be downloaded from: 60 Rod Arroyo, AICP rod@clearzoning.com 30

31 RESOURCES American Heart Association Mobile Food Vending near Schools Policy Statement. Available at Arroyo, o Rodney and Jill Bahm Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending, Zoning Practice, Vol. 30, No. 9. American Planning Association, September 2013 Berk, Keith and Alan Leib Keeping Current: UCC Food Truck Regulations Drive Controversy. Business Law Today, May. Available at Edsall, Larry Food Trucks Inspire Mobile Bookstore, Detroit News, July 11. Available at Frommer, Robert and Bert Gall Food Truck Freedom. Washington, D.C.: Institute for Justice. Available at Emergent Research Food Trucks Motor into the Mainstream. Intuit, December. Available at Longmont (Colorado), City of Mobile Food Vendors Longmont Municipal Code Amendment. Planning & Zoning Commission Communication, June 20, Available at Martinson, Gabrielle In its First Summer, District s Food Truck is a Success. the Journal, July 16. Available at National League of Cities, Food Trucks on Wheels: Mobile Vending Goes Mainstream, Available at _9-26.pdf Norman, Erin, Robert Frommer, Bert Gall and Lisa Knepper, July 2011, Institute for Justice. Available at 61 Rod Arroyo, AICP rod@clearzoning.com 31

32

33 Transform Transform Your Zoning Code Zoning codes are detailed and complex documents that can often confuse even experienced planners. Imagine how confusing and intimidating they can be to the first-time applicant or the homeowners attempting to determine what is permitted on their property. Many communities have strived over the years to update zoning language to reflect master plan goals, legislative updates, current local and national trends, innovative development techniques, and case law, but the structure and presentation of zoning codes has not fundamentally changed. Even some communities adopting form-based codes have maintained the historical structure of the old ordinance. Illustrations Graphics are an effective means of communicating minimum lot width and yard setback requirements. Digital color images provide clarity and maintain quality over the years. Advances in technology and widespread accessibility of the Internet call for a change in the traditional text-based zoning ordinance format of yesterday. Improvements to the organization and visual presentation of ordinances can make them more user-friendly as well as foster economic development. It s time for planners to take a fresh look at zoning codes and employ techniques to improve their functionality and clarity. Organizational Structure. Traditional zoning codes are often divided into twenty or more articles, with each article further divided into divisions and sections. Users often find themselves lost in the maze of sections and subsections. Simplifying the organizational structure by logically grouping sections into fewer articles can result in an ordinance that is more intuitive and easier to navigate. Establishing a clear hierarchy of headings and subheadings enables users to more quickly identify their location within the document. Visual Presentation. High quality, color illustrations can visually portray ordinance standards and present regulations in a simple and straightforward manner. When adding color to graphics, it s important to choose a palette that will make sense to the reader and improve legibility. It s also important to choose colors that will maintain sufficient contrast when photocopied in black and white. User Tools. Every community s ordinance is different. By adding basic features, such as a user s guide, use matrix, and flowcharts, a community can create an ordinance that is friendly to both the most experienced professional and the first-time applicant.

34 Transform Your Zoning Code Internet and Computer Interface. Many communities have successfully increased public access to their codes by making them available on the Internet, however, most are nothing more than digital versions of ordinances that were originally designed to be printed documents. Technology and the Internet have drastically changed the way our society interacts, but the manner in which we present and communicate our zoning codes has not kept pace. Zoning ordinances of today can be designed to be primarily digital products rather than paper documents. Multiple navigation tools, such as links, bookmarks, and buttons, can be incorporated to allow users to quickly click through the ordinance. A welldesigned digital ordinance may reduce the demand for hardcopies, however, it will not likely eliminate the need all together. Don t forget to consider how effective the ordinance will be in printed format. Relationship to Other Development Codes. Zoning ordinances do not typically contain all of a community s regulations that pertain to land use and development. Zoning codes should clearly crossreference and link to other applicable codes, such as subdivision regulations, tree protection ordinances, private road standards, etc. User Tools Ordinances that are easy to use, easy to read, and easy to understand are friendly to both the most experienced professional and the firsttime applicant. A user s guide can provide a quick overview of document layout and important features, as well as tips on how to effectively use the ordinance. Tools such as use matrices and flowcharts can help translate detailed ordinance language into a clear and easy to understand format. Save Paper Creating a user-friendly digital product that can be accessed online and made available on CD can reduce the overall need and demand for hardcopies. Changing the organizational structure of a zoning ordinance can reduce its bulk by 25 to 45 percent. This is a significant reduction in the number of pages printed per copy. Advances in technology and widespread accessibility of the Internet call for a change in the traditional text-based zoning ordinance format of yesterday. Clearzoning has been shown to be a health check-up for zoning codes. Our process seeks out and resolves inconsistent regulations and incorrect cross-references ZONE info@clearzoning.com

35 A New Way to Improve Service to the Public It s Your Zoning Code, Only Better Zoning codes are not known for being user-friendly; in fact, to many people, they are the exact opposite. Often disorganized, hard to understand, and simply overwhelming, the Zoning Code is often a barrier to a community s ability to provide efficient customer service. After over eighty years of zoning, isn t it time someone came up with a new approach that would make it easier to find and understand zoning regulations? Clearzoning partners with municipalities to transform conventional zoning codes into easyto-read, better organized, digital documents that revolutionize the way local codes function. Plain text and black and white graphics are reborn as colorful illustrations. Words and phrases become searchable, sections are hyper-linked, and regulations are easier to understand. It can also save staff time at the counter, and it will be easier for officials and citizens to use on a daily basis. Clearzoning will also guide the development community in a more effective way, making a zoning code available around the clock and around the world. Clearzoning is clear and connected. Call us at ZONE. TM clearzoning Excellent product...very easy to use a positive marketing tool. Dan Gellings Planning Commission Chair Southfield Road Lathrup Village, MI call toll free ZONE