date of commission meeting: october 19, 2017 planning ... · tloa-2017-0007 mobile food units in...

Date of Commission Meeting: October 19, 2017

TOWN OF LEESBURGPLANNING COMMISSION PUBLIC HEARING

Subject: TLOA-2017-0007 Mobile Food Units.

Staff Contact: Christopher Murphy, AICP, Zoning Administrator

Applicant: Not Applicable

Proposal: Zoning Ordinance text amendment to permit Mobile Food Units (i.e., food trucks/carts) inpublic rights-of-way within the I-1 - Industrial/Research Park and PEC - PlannedEmployment Center Zoning Districts, and on private property within Commercial, Industrialand Planned Development Districts as a temporary use.

Planning Commission Action Date: January 18, 2018

Recommendation: Staff recommends approval of the amendments to the Zoning Ordinance aspresented in this report.

Acceptance Date: This amendment was first initiated by Town Council on May 23, 2017. Thatinitiation was revised on September 12, 2017.

Web Link: A comprehensive listing of all application documents is found on the Town website: http://www.leesburgva.gov/government/departments/planning-zoning/liam-interactive-applications-map.

Suggested Motions:

ApprovalI move that Zoning Ordinance Amendment TLOA 2017-0007 Mobile Food Units be forwarded to theTown Council with a recommendation of approval, on the basis that the amendments further theobjectives of the Town Plan and that the proposal would serve the public necessity, convenience, generalwelfare and good zoning practice.

Or –

DenialI move that Zoning Ordinance Amendment TLOA 2017-0007 be forwarded to the Town Council with arecommendation of denial, on the basis that the amendments do not further the objectives of the TownPlan and that the proposal will not serve the public necessity, convenience, general welfare and goodzoning practice, based on the following findings: ________________________________.

Or -

Alternate Motion:

TLOA-2017-0007Mobile Food Units in I-1 and PEC AmendmentPlanning Commission Public HearingOctober 19, 2017 of 7

I move that________________________________.

I. PROPOSAL: If adopted, these amendments will permit Mobile Food Units (i.e., food trucks/carts) as a Temporary Use on specified public streets within the PEC – Planned Employment Center and I-1 Industrial/Research Park Zoning Districts, and on private property within Commercial, Industrialand Planned Development Zoning Districts.

II. APPROVAL CRITERIA: The proposed amendment to the Zoning Ordinance is subject to theapproval criteria specified in TLZO Sec. 3.2.5, or:

In acting on proposed text amendments, the Planning Commission and Town Councilshall consider whether the proposal is consistent with the Town Plan and the statedpurposes of this Zoning Ordinance (See Sec. 1.5).

Sec. 1.5 Purpose: This Zoning Ordinance is adopted in order to protect the health, safety, and welfare ofthe residents of Leesburg; to advance the objectives set out in Section 15.2-2200 of theCode of Virginia, 1950, as amended; and to implement the Leesburg Town Plan.

III. STAFF ANALYSIS:

Background: On May 23, 2017, Town Council adopted Resolution No. 2017-087, initiating ZoningOrdinance text amendments to allow Mobile Food Units to operate on specified public streets withinthe PEC and I-1 Zoning Districts as permitted Temporary Uses. On September 12, 2017, Counciladopted Resolution No. 2017- 128 amending the previous Resolution to include text amendmentsthat would also allow Mobile Food Units on private property within commercial, industrial andplanned development zoning districts.

The focus of this amendment comes as a result of: 1) Input from businesses in the PEC and I-1Districts (near the Leesburg Executive Airport, in particular) commenting on the lack of nearbydining options for employees, and 2) Invitations to Mobile Food Units from local microbreweries toserve their patrons on their properties. Town Council wishes to consider the possibility of permittingMobile Food Units within the Town to address these demands.

In addition to these Zoning Ordinance amendments, any required Town Code amendments thatestablish permissions for Mobile Food Units will be brought forth to Town Council by the TownAttorney.

Neighboring Localities: Provided below is a table containing basic information related topermissions for Mobile Food Units in specific neighboring localities:


Locality What’ s Permitted

City of Alexandria

Food Trucks are permitted: On public streets in specified locations only, Within specific parks and recreation centers, As part of authorized farmer’ s markets, On private commercial or multi-family properties.

Loudoun County

Within the Inner and Outer Core of subareas of the PD-TRC Districtand in the PD-MUB District limited to the number shown on anapproved concept plan. On private property limited to one mobile foodunit per property, unless otherwise authorized by an approved conceptplan or development plan.

In commercial districts on private property: must be mobile; noovernight in one location.

Fairfax County

Food Trucks are permitted: On-street in specified locations onlyPrivate Property in office parks or shopping centers 25,000 sq. ft. or greater, or at active construction sites. At County Parks

Arlington County

Food Trucks: Are specifically prohibited from county parks and recreationfacilitiesAllowed on private property in districts where the type ofbusiness activity is allowed. (i.e., commercial districts) Certificates of Occupancy are required. On-Street is permitted in any legal parking space on anypublic street for a maximum of 2 hours. Within designatedVending Zones” food trucks may remain in place for a total

of 4 hours maximum.

Prince William County

Food Trucks are not permitted in public rights-of-way. On private property food trucks are allowed:

If part of an event with 4 or more food trucks, requires a TAP – Temporary Activity Permit on private property. TAP events permissible in commercial and residential districts. Fewer than 4 food trucks are not regulated when on privateproperty. Health Department and Vendor’ s License required.

SECTIONS AMENDED BY THIS ORDINANCE REVISION

Key to Text Used in this Report:

A brief description of the proposed amendment is written in italics at the beginning of eachsection.


Text highlighted in yellow and underlined is proposed new language.

Text in red and with strikethrough is existing text proposed to be eliminated.

1.) Section 18.1 Terms Defined

The new language presented here will establish new definitions for “ Food Pushcart”, “ Food Trailer”, Food Truck”, Food Truck Vendor” and “ Mobile Food Unit”.

18.1.65 Food PushcartAny wheeled vehicle or device, other than a motor vehicle or trailer, that may be moved withoutthe assistance of a motor and does not require registration by the department of motor vehicles, used for the displaying, storing, providing or transporting of food, offered for sale or served by avendor.

18.1.65.1 Food TrailerAny wheeled vehicle or device that is moved with the assistance of a motor vehicle that requiresregistration by the department of motor vehicles, used for the displaying, storing, preparing, providing or transporting of food offered for sale or served by a vendor.

18.1.65.2 Food TruckA food truck is a mobile food establishment located in a motor vehicle licensed to operate by thedepartment of motor vehicles.

18.1.106.1 Mobile Food UnitA food establishment mounted on wheels, readily moveable from place to place at all timesduring operation and shall include food trucks, food trailers and food pushcarts. The unit, alloperations, and all equipment must be integral to and be within or attached to the unit.

2.) Section 9.5 Temporary Uses

The amendments presented here will establish the new use “ Mobile Food Unit” as a permissibletemporary use in “ Commercial Districts”, “ Industrial Districts”, and in the “ Planned EmploymentCenter District” ( PEC) through Section 9.5 Temporary Uses. In addition, this amendment will establish


new use standards specific to mobile food unit uses under Section 9.5.4 Standards for Specific TemporaryUses.

Sec. 9.5 Temporary Uses

9.5.2 Permitted Temporary Uses

B. Commercial Districts7. Mobile Food Unit (on private property)

C. Industrial Districts4. Mobile Food Unit (on private property and in public streets)

D. Planned Employment Center (PEC) District1. Mobile Food Unit (on private property and in public streets)

9.5.4 Standards for Specific Temporary UsesE. Mobile Food Unit on Public Streets in the I-1 or PEC

1. Permits: The following permits and licenses shall be required for all mobile food units: a. Town of Leesburg Temporary Use Permit, Temporary Use Permits shall be issued

on an annual basis and will allow vending in those districts on public streetspursuant to the minimum conditions provided in this Section;

b. Town of Leesburg Itinerant Vendor’s License; and, c. Health Department Mobile Food Unit Permit issued through the Loudoun County

Health Department or other Virginia County Health Department deemedacceptable to the Loudoun County Health Department.

2. Location: Mobile food units are permitted to park in the public right-of-way within theI-1 and PEC Zoning Districts on the streets specified below: a. Brown Roan Rd., SE (between Miller Dr., SE and Oaklawn Dr., SE); b. Oaklawn Dr., SE (between Battlefield Pkwy., and Brown Roan Rd., SE); c. Keystone Dr., SE (between Russell Branch Pkwy, SE and Cul-de-sac.); d. Trailview Blvd., SE (between Lawson Rd., SE and the Dead End); e. Tolbert Lane, SE (between Sycolin Rd. and Miller Dr., SE); f. Miller Dr., SE (between Sycolin Rd. and Blue Seal Dr., SE); g. Blue Seal Dr., SE (entire length); and, h. Lawson Rd., SE (between the W&OD Trail to its Dead End at E. Market St).

3. Parking Location Requirements: a. Mobile food unit vendors shall not have any exclusive right to any location on

public property;


b. Mobile food units parked in a marked parking space must fit within the width andthe length of the marked parking space;

c. Occupation of any parking space shall not interfere with the lighting, trees, overhead wires, and/or utilities;

d. The mobile food unit shall not block any other vehicle's or pedestrian's ingress oregress, cause traffic congestion, or be parked in any drive aisles or fire lanes.

4. Vending Locational Requirements: a. No deliveries shall be received from another vehicle while a mobile food unit is

vending in a designated on-street vending location; b. Vending shall take place only from the inside of the mobile food unit; c. There shall be no vending to any person who is standing in the street unless said

street has been closed to the public pursuant to a special event or street closurepermit issued by the town;

d. There shall be no vending to any driver or passenger in a motor vehicle while themotor vehicle is stopped in the street or while in a moving traffic lane; and

e. A mobile food unit shall not be left unattended while vending.

5. Signs: No sign shall be displayed except for a sign displaying a menu or signs that areimprinted on the exterior body of a licensed food truck. All signs shall also comply withthe applicable provisions of Article 15 Signs. The applicable regulations shall include, but not be limited to, that the mobile food unit shall not: a. Advertise other businesses on the mobile food unit; b. Use A-frame signs or remote signs; c. Attach balloons or windblown signs to the mobile food unit; ord. Use animated or electronic signs.

6. Noise: No music or other amplified announcements that are audible outside of themobile food unit shall be allowed.

7. Storage: No merchandise, food, equipment, or other item related to the operation of amobile food unit, other than a trash receptacle required by subsection 9 below, shall bestored or kept adjacent to the mobile food unit.

8. Liquid waste: No liquid wastes used in the operation of the mobile food unit shall bedischarged from the mobile food unit except into an approved sewerage system aspermitted by law.

9. Trash: Portable receptacles for the disposal of waste materials or other litter shall beprovided by the mobile food unit vendor for the use of customers. All mobile food unitvendors shall direct customers to place all waste and litter in the receptacles. All wasteshall be removed and disposed of by the mobile food unit vendor. Public trashreceptacles shall not be used for compliance with Town Code § 28-20 et seq.

10. Hours: Vending may take place between the hours of 7:00 a.m. and 8:00 p.m. Amobile food unit may not vend longer than four hours in any single location.


F. Mobile Food Unit on Private Property in Commercial Districts, Industrial Districtsand in the Planned Employment Center (PEC) District

1. Permits: The following permits and licenses shall be required for all mobile food units: a. Town of Leesburg Temporary Use Permit, Temporary Use Permits shall be issued

on an annual basis and will allow vending on private property in those districtspursuant to the minimum conditions provided in this Section;

b. Town of Leesburg Itinerant Vendor’s License; and, c. Health Department Mobile Food Unit Permit issued through the Loudoun County

Health Department or other Virginia County Health Department deemedacceptable to the Loudoun County Health Department.

2. Location: All mobile food units shall be parked in a legal parking space on the property. No mobile food unit shall remain on a property overnight.

3. Signs: No sign shall be displayed except for a sign displaying a menu or signs that areimprinted on the exterior body of a licensed food truck. All signs shall also comply withthe applicable provisions of Article 15 Signs. The applicable regulations shall include, but not be limited to, that the mobile food unit shall not: a. Advertise other businesses on the mobile food unit; b. Attach balloons or windblown signs to the mobile food unit; orc. Use animated or electronic signs.

4. Noise: a. No music or other amplified announcements that are audible outside of the mobile

food unit shall be allowed.

5. Storage: No merchandise, food, equipment, or other item related to the operation of amobile food unit, other than a trash receptacle required by subsection 7 below, shall bestored or kept adjacent to the mobile food unit.

6. Liquid waste: No liquid wastes used in the operation of the mobile food unit shall bedischarged from the mobile food unit except into an approved sewerage system aspermitted by law.

7. Trash: Portable receptacles for the disposal of waste materials or other litter shall beprovided by the mobile food unit vendor for the use of customers. All mobile food unitvendors shall direct customers to place all waste and litter in the receptacles. All wasteshall be removed and disposed of by the mobile food unit vendor. Public trashreceptacles shall not be used for compliance with Town Code § 28-20 et seq.

ATTACHMENT: 1. Resolution No. 2017-0872. Resolution No. 2017-128

date of commission meeting: october 19, 2017 planning ... · tloa-2017-0007 mobile food units in...

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