Council Agenda Report

Transcription

1 Date: July 23, 2018 Council Agenda Report Date: 07/23/2018 Establishments (food trucks) in the City as they currently are not permitted to operate on a regular unanimously to approve staffs proposed language, with some modifications. The comments of Institutional, General Commercial and Civic zoning districts; basis pursuant to the City s Municipal Code. [See section 11-10(b)] The Council has granted relief BITIA BULL BBQ. from this limitation to Mr. Parr, operator of Overflow Café and Mr. Van Dyke, operator of LII. The Planning Commission discussed this item at their July 10th meeting and recommended way for one hour after the event; This language, similar to the previously proposed language, exempts ice cream trucks from this regulation. the Planning Commission are incorporated into the current language before the Council. Some, not all of the modifications from the previous language are: To allow food trucks to service residential parties and be allowed to park on City rights of To allowed food trucks to park on City rights of way for up to three hours in the Industrial, And allow for the use of generators that produce noise up to 70 db maximum. DISCUSSION: The City has had numerous discussions regarding permitting Mobile Food No B. Schedule August 13, 2018 for second reading, public hearing and adoption of Ordinance A. Introduce Ordinance No by reading of title only; and Recommendation: That Council in the City of Cambridge. amending and Table 1: Permitted Uses by zoning district of the Citys Unified Development Code ( UDC ) to allow Mobile Food Establishments as a Permitted Use with Conditions in the General Commercial, Corridor Mixed-Use, Institutional, Industrial, Resource Conservation, Neighborhood Conservation, Residential, and Maritime Resort zoning districts; Development District of the UDC to allow Mobile Food Establishments as a Permitted Use with amending and Table 2: Permitted Uses by zoning subdistrict in the Downtown/Waterfront Conditions in the Core, General, Center, Gateway, Neighborhood, and Civic subdistricts; and amending 9.2 of the UDC to define terms associated therewith; providing that the title of this ordinance shall be deemed a fair summary and generally relating to Mobile Food Establishments Subject: Ordinance An ordinance of the Commissioners of Cambridge, Maryland Prepared by: Pat Esther, City Planner, A.T.C.P. Director DPW Submitted by: Odie Wheeler, Jr. Interim City Administrator/City Clerk! Agenda Item No. 12

2 it shall be unlanfid for any PCI-soil to park on any street or municipal parking lot any ic/uric for (1) Prohibited, hi the absence of special pennis.cion as specified in subsection (I;) o/tli,.c section, (a) Generally. Approved by: Odie Wheeler, Jr. 0 Fiscal Impact: NA (b) Special pennission. The city council may peinit selling from parked vehicles on the occasion the public health, safrty and welfare of the citi, of special promotions or other sinzilar events if the council deems it to be in the best interest of permission as required in section (b), and any parking-meter or other thne-thnitation for nnmicipal parking lots at Gay St,-eet and the 500 Block q/ Race Street; blocks of High Street, Poplar Street, the 400 and 500 blocks of Race Street, cuici (lie b. This exemption applies only to the folloll ing locations: Gay Street, the 200 and 300 Friday following Thanksgiving to December 25; a. Tins exemption applies only to sales of sit cli items during the following dates: from i/ic parking, provided that such a vendor/seller abides by the following: intended locations; basis. exempted during the prior ear; othenvise, (lie exemption shall apply on a first-caine priority being given to the vendo, s/sellers who sold such products and who ivere d. The vendor/seller shall notify the city in writing of hlv/her intention to sell and of his/her c, No more than one vendor/seller is permitted within any one block/parking lot, e. No mm-c than three such vendors/sellers shall be exempted in any given year, with holly or other Christmas greens. the purpose of selluig or offeringfor sale any produce or merchanthse whatsoever, except laurel, exempt from the prohibition set forth in subsection (a)(i), i/ic requirement of obtainmg special (2) Sale of Christmas greenery. A vendor/seller of laurel, 11011) or oilier Christmas greenery is Sec Selling from parked vehicle. City Code

3 AMENDING AND TABLE 1: PERMITTED USES BY ZONING DISTRICT OF ESTABLISHMENTS AS A PERMITTED USE WITH CONDITIONS IN THE GENERAL THE CITY S UNIFIED DEVELOPMENT CODE ( UDC ) TO ALLOW MOBILE FOOD AN ORDINANCE OF THE COMMISSIONERS OF CAMBRIDGE, MARYLAND Commission at its June 5, 2018 public meeting, on June 25, 2018, the Commissioners voted to WHEREAS, in consideration of public comment and further discussion by the Planning meeting with the intent of holding a public hearing thereupon and considering the Ordinance for passage during their June 25, 2018 public meeting; and WHEREAS, the Commissioners introduced Ordinance No during their May 29,2018 public Commission (the Planning Commission ) unanimously recommended that the Commissioners Commercial, Corridor Mixed-Use, and Industrial Zoning Districts; amending and Table 2: Permitted Uses by Zoning Subdistrict in the Downtown/Waterfront Development District of the Subdistrict, and amending 9.2 of the UDC to define terms associated therewith; and approve a text amendment amending and Table I: Permitted Uses by Zoning District of UDC to allow Mobile Food Establishments as a Permitted Use with Conditions in the Core the UDC to allow Mobile Food Establishments as a Permitted Use with Conditions in the General WHEREAS, following a public hearing held on May 1, 2018, the City of Cambridge Planning Md. Code Ann., Local Gov t 5-202(5), the Commissioners are authorized and empowered to pass ordinances for the protection and promotion of the health, safety, comfort, convenience, and welfare and happiness of the residents of the town and visitors thereto and sojourners therein; WHEREAS, pursuant to 3-27(1) of the Charter of the City of Cambridge (the Charter ) and authorized and empowered to amend, supplement, change, modify, and repeal the City of Cambridge s (the City ) zoning regulations and boundaries and change the City s zoning classifications; and DeveLopment Code (the UDC ), the Commissioners of Cambridge (the Commissioners ) are WHEREAS, pursuant to Md. Code Ann., Land Use and of the Unified PERMIflED USES BY ZONING SUBDISTRICT IN THE AND MARITIME RESORT ZONING DISTRICTS; AMENDING AND TABLE 2: COMMERCIAL, CORRIDOR MIXED-USE, INSTITUTIONAL, INDUSTRIAL, RESOURCE CONSERVATION, NEIGHBORHOOD CONSERVATION, RESIDENTIAL, DOWNTOWN/WATERFRONT DEVELOPMENT DISTRICT OF THE UDC TO ALLOW SUBDISTRICTS; AND AMENDING 9.2 OF THE UDC TO DEFINE TERMS ASSOCIATED THEREWITH; PROVIDING THAT THE TITLE OF THIS ORDINANCE SHALL BE DEEMED A FAIR SUMMARY AND GENERALLY RELATING TO MOBILE FOOD ESTABLISHMENTS IN THE CITY OF CAMBRIDGE. MOBILE FOOD ESTABLISHMENTS AS A PERMITTED USE WITH CONDITIONS IN THE CORE, GENERAL, CENTER, GATEWAY, NEIGHBORHOOD, AND CIVIC ORDINANCE NO. 1129

4 4.2.3 and Table 1: Permitted Uses by Zoning District of the UDC to allow Mobile Food unanimously recommended that the Commissioners approve a revised text amendment amending WHEREAS, following a public hearing held on July 10, 2018, the Planning Commission Unified Development Code is hereby amended as follows: NOW, THEREFORE, BELT ORDAINED by the Commissioners of Cambridge, that the City s promote and protect the public health, safety, and welfare. WHEREAS, the Commissioners find that the text amendment set forth herein is necessary to 2018 public hearing, the Commissioners find that it is in the best interest of the City to amend and Table 1: Permitted Uses by Zoning District of the UDC to allow Mobile Food Use, Institutional, Industrial, Resource Conservation, Neighborhood Conservation, Residential, and Maritime Resort Zoning Districts; amend and Table 2: Permitted Uses by Zoning and Gateway Subdistricts, and amend 9.2 of the UDC to define terms associated therewith. Department of Planning and Zoning Staff, as well as the comments made during the August 20, Establishments as a Permitted Use with Conditions in the General Commercial, Corridor Mixed- Subdistrict in the Downtown/Waterfront Development District of the UDC to allow Mobile Food Establishments as a Permitted Use with Conditions in the Core, General, Civic, Neighborhood, WHEREAS, having considered the recommendations of the Planning Commission and the City, in accordance with Md. Code Ann., Land Use 4-203(b) and C of the UDC; and July 30, 2018 and August 6, 2018 in the Star Democrat, a newspaper of general circulation in the text amendment recommended by the Planning Commission, notice of which was published on WHEREAS, on August 20, 2018, the Commissioners held a public hearing regarding the revised Planning Commission in the form of this Ordinance; and to reject Ordinance No and introduce the revised text amendment recommended by the VHEREAS, during the Commissioners July 23, 2018 public meeting, the Commissioners voted Use, Institutional, Industrial, Resource Conservation, Neighborhood Conservation, Residential, and Maritime Resort Zoning Districts; amending and Table 2: Permitted Uses by Zoning and Gateway Subdistricts, and amending 9.2 of the UDC to define terms associated therewith; and Establishments as a Permitted Use with Conditions in the General Commercial, Corridor Mixed- Subdistrict in the Downtown/Waterfront Development District of the UDC to allow Mobile Food Establishments as a Permitted Use with Conditions in the Core, General, Civic, Neighborhood, review; and remand the legislation proposed by Ordinance No to the Planning Commission for further

5 12. Mobile Food Establishments B. Commercial Uses amended from time to time by resolution of the City Council; and ii. Payment of the permit fee, the amount of which shall be established and regulations; use complies in all respects with applicable State and County laws and with this section and from the Dorchester County Health Department that the i. Written approval from the Zoning Official that the use complies in all respects valid for one (1) year, upon: e. City Hall shall issue a permit for a Mobile Food Establishment, which shall be of a permanent structure occupied by a restaurant. d. Mobile Food Establishments shall not be located within three hundred (300) feet located and operated appropriately and unobtrusively. c. Mobile Food Establishments not located or operated in any public way shall be Chapter 11 of the City Code to the contrary. for more than three (3) consecutive hours notwithstanding any provision in Food Establishment may remain parked in the same location on any public way permitted under Chapter 11 of the City Code: provided, however, that no Mobile Establishments may also be located and operated in the public ways to the extent b. In the Industrial, General Commercial, and Institutional districts, Mobile Food concluded. ii. Vacate the subject premises no later than one (1) hour after the event has is not part of a regular sequence: and I. Only be permitted to service a party, fundraiser, or other special event which Maritime Resort districts. Mobile Food Establishments shall: a. In the Resource Conservation, Neighborhood Conservation, Residential, and Conservation, Residential, and Maritime Resort districts subject to the following: property with the property owner s permission in the General Commercial. Corridor Mobile Food Establishments shall be a Permitted Use with Conditions (C) on private Mixed-Use, Institutional, Industrial, Resource Conservation, Neighborhood as follows: SECTION 1. Section (Standards for Conditional and Special Exception Uses) is amended

6 g. Mobile Food Establishments shall be powered by a primary electrical source and 1. Mobile Food Establishments may only operate from 9:00 a.m. to 9:00 p.m. businesses: and a. Only operate in an ancillary capacity to existing restaurants and retail food 4. In the Core subdistrict, Mobile Food Establishments shall: located and operated appropriately and unobtrusively. 3. Mobile Food Establishments not located or operated in any public way shall be operated in the public ways to the extent permitted under Chapter 11 of the City notwithstanding any provision in Chapter 11 of the City Code to the contrary. Code: provided, however, that no Mobile Food Establishment may remain parked in the same location on any public way for more than three (3) consecutive hours 2. In the Civic subdistrict, Mobile Food Establishments may also be located and concluded. b. Vacate the subject premises no later than one (1) hour after the event has not part of a regular sequence: and a. Only be permitted to service a party, fundraiser, or other special event which is 1. In the Neighborhood and Gateway subdistricts. Mobile Food Establishments shall: Neighborhood, Gateway, and Civic subdistricts, subject to the following: property with the property owner s permission in the Core, General, Center, Mobile Food Establishments shall be a Permitted Use with Conditions (C) on private 0. Mobile Food Establishments as follows: SECTION 2. Section (Standards for Conditional and Special Exception Uses) is amended violation of Chapter 8 (Health and Sanitation) of the City Code, as amended from be used and shall be located in such a way as to not adversely impact the public available, generators with a decibel (db) level no greater than seventy (70) db may or neighboring residents or establishments. Other methods of food preparation and storage may be employed as long as they do not produce odors or noise in demonstrated to the Zoning Official s satisfaction that an electrical source is not may not employ separate power generators; provided, however, if it can be time to time, and are approved by the Dorchester County Health Department. Mobile Food Establishment is to be located, if applicable. iii. Written authorization from the property owner upon whose property the

7 for one (1) year, upon: 5. City Hall shall issue a permit for a Mobile Food Establishment, which shall be valid subject to an annual periodic review by the City. Such uses/activities include, but are not limited Temporary or seasonal activities or development Mobile Food Establishment a a use/activity that is short-term in nature and c. Activities covered under a temporary/seasonal use special exception. within the City to the extent otherwise provided by the City Code; or ancillary to the sale of ice cream and other frozen confections, which are permitted b. Delivery vehicles or ice cream trucks, including ice cream trucks selling food products a. Food/push carts, which are not permitted in the City; and served in the vehicle in compliance with applicable State and County laws and regulations. The term Mobile Food Establishment shall not include: served from the vehicle in compliance with applicable State and County laws and regulations property/use, and which sells, distributes, or otherwise provides food items prepared and vehicle, whether self-propelled or capable of being moved, is associated with a specific mobile or stationary truck, van, trailer, wagon, or other SECTION 3. Section 9.2 (Terms and Definitions) is amended as follows: Chapter 8 (Health and Sanitation) of the City Code, as amended from time to time, to the Zoning Official s satisfaction that an electrical source is not available, not employ separate power generators provided, however, lilt can be demonstrated generators with a decibel 1dB) level no greater than seventy (70) decibels may be used and shall be located in such a way as to not adversely impact the public or other neighboring residents or establishments. Other methods of food preparation and storage may be employed as long as they do not produce odors or noise in violation of and are approved by the Dorchester County Health Department. 7. Mobile Food Establishments shall be powered by a primary electrical source and may 6. Mobile Food Establishments may only operate from 9:00 a.m. to 9:00 p.m. Food Establishment is to be located, if applicable. c. Written authorization from the property owner upon whose property the Mobile from time to time by resolution of the City Council; and b. Payment of the permit fee, the amount of which shall be established and amended complies with applicable State and County laws and regulations; with this section and from the Dorchester County Health Department that the use a. Written approval from the Zoning Official that the use complies in all respects business. b. Be registered to the business and owner operating that restaurant or retail food

8 Establishments as a Permitted Use with Conditions in the General Commercial, Corridor Mixed- SECTION 4. Table 1: Permitted Uses by Zoning District is amended to allow Mobile Food and is, a fair summary of this Ordinance for publication and all other purposes. SECTION 10. The title of this Ordinance, or a condensed version thereof, shall be deemed to be, Ordinance are hereby repealed to the extent of such inconsistency. SECTION 9. All ordinances or parts of ordinances inconsistent with the provisions of this that this Ordinance shall stand, notwithstanding the invalidity of any section, subsection, sentence, clause, phrase, or portion hereof. the validity of the remaining portions of this Ordinance, it being the intent of the Commissioners for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is out with a double strikethrough. repealed in its entirety and reenacted, new or added language is underlined and in boldface type, introduction is in bold, italicized font and language deleted after the date of introduction is crossed and deleted text is crossed out with a single strikethrough. Language added after the date of SECTION 7. In this Ordinance, unless a section of the Unified Development Code is expressly part of this Ordinance. SECTION 6. The recitals to this Ordinance are incorporated herein and deemed a substantive on Exhibit 2 hereto, which is incorporated by reference as if fully set forth herein. Development District is amended to allow Mobile Food Establishments as a Permitted Use with Conditions in the Core, General, Center, Gateway, Neighborhood, and Civic Subdistricts as shown SECT[ON 5. Table 2: Permitted Uses by Zoning Subdistrict in the Downtown/Waterfront reference as if fully set forth herein. Use, Institutional, Industrial, Resource Conservation, Neighborhood Conservation, Residential, and Maritime Resort Zoning Districts as shown on Exhibit 1 hereto, which is incorporated by a Mobile Food Establishment, including any such food sold from a tent or stand. to, the sales of fruits, vegetables, and other produce, barbecue, and other foods not sold from

9 ATTEST: THE COMMISSIONERS OF CAMBRIDGE Effective the Passed the day day of 2018 of 2018 Introduced the 23rd day of July, 2018 Director of Public Works Interim City Administrator/City Clerk! Oden C. Wheeler, Jr., Victoria Jackson-Stanley, Mayor By: AND BE IT FURTHER enacted and ordained that this Ordinance shall become effective on the tenth (10Eh) day following the date of passage.