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  Item # 2.       
Meeting Date: 10/03/2018  
Requested by: Bayer Vella
Submitted By: Hannah Oden, Community and Economic Development
Case Number: OV1802237

Information
SUBJECT:
AMENDING ZONING CODE SECTION 25.1.B.21 AND ASSOCIATED CODE SECTIONS FOR MOBILE FOOD UNITS

a. RESOLUTION NO. (R)18-41, DECLARING THE PROPOSED ZONING CODE AMENDMENT TO CHAPTER 25 RELATED TO MOBILE FOOD UNITS AND OTHER RELATED REVISIONS, PROVIDED IN EXHIBIT "A" WITHIN ATTACHMENT 1 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD

b. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING ORDINANCE NO. (O)18-14, AMENDING CHAPTER 25 OF THE ORO VALLEY ZONING CODE RELATED TO MOBILE FOOD UNIT OPERATIONS AND OTHER RELATED REVISIONS
RECOMMENDATION:
Planning and Zoning Commission recommends approval.
EXECUTIVE SUMMARY:
The purpose of this code amendment (Attachment 2) is to bring the Town Zoning Code into compliance with the recently amended Arizona Revised Statutes regarding Mobile Food Unit regulations in cities and towns (Attachment 3). The proposed amendment includes changes to where Mobile Food Units can operate and associated definitions. 
BACKGROUND OR DETAILED INFORMATION:
This code amendment brings the Town Zoning Code into compliance with state law. The State Legislature (HB2371) recently amended Arizona Revised Statutes regarding Mobile Food Unit operations (Attachment 3). These changes rendered associated sections of the Town Zoning Code non-compliant with state law. Proposed changes include the following: 

1) Eliminate the minimum distance a mobile food unit must be located from an existing restaurant- The Town Zoning Code currently requires mobile food units to be located a minimum distance of 200 feet from a restaurant. The intent of this regulation was to provide a buffer between permanent restaurants and mobile food establishments. Recent changes to Arizona Revised Statutes prohibit this type of regulation by cities and towns:
 
A City or Town may not require a mobile food vendor, or mobile food unit to operate a specific distance from the perimeter of an existing commercial establishment or restaurant, except as required by applicable building, fire, street and sidewalk codes.

The proposed change removing the separation requirement (Attachment 2) will bring the Town Zoning Code into compliance with state law.
 
2) Add language prohibiting mobile food units from operating at public transit facilities and public "Park and Ride" areas - The Town Zoning Code currently has no language related to mobile food units and public transit facilities. Arizona Revised Statutes now allow cities and towns to regulate mobile food unit operation at public transit facilities: 

A City or Town by ordinance or resolution may: Prohibit or restrict a mobile food vendor from operating at a public airport or public transit facility. 

The proposed change (Attachment 2) prohibits such vendor operations in compliance with state law. 

3) Change the definition of Mobile Food Vendor in Chapter 31 of the Zoning Code - This proposed change brings the Town Zoning Code definition into compliance with state standards for what constitutes a Mobile Food Unit. Per Arizona Revised Statutes: 
 
A food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items as defined in Section 28-101.

The proposed code change (Attachment 2) mirrors this language and must be reflected in all parts of the Town Zoning Code by accomplishing the following:

4) Change "Mobile Food Vendor" to "Mobile Food Unit" in code references - Arizona Revised Statutes refers to a Mobile Food Unit as a food establishment, while a Mobile Food Vendor refers to the person who owns or operates the Mobile Food Unit. For consistency with current code references and Arizona Revised Statutes, Mobile Food Unit is the correct term and should be used in the Town Zoning Code (Attachment 2). 

5) Define "Incidental Retail Items" in Chapter 31 - The proposed amendment to the Mobile Food Vendor definition in the Town Zoning Code requires that "incidental retail items" also be defined. The proposed definition to be included in Chapter 31 (Attachment 2) is as follows: 
 
An item customarily subordinate or directly related to the operation of a Mobile Food Unit. 

PLANNING AND ZONING COMMISSION:
This request was considered by the Planning and Zoning Commission on September 4, 2018, in which they recommended approval of the proposed Zoning Code Amendment. Draft minutes are provided in Attachment 4.

PUBLIC NOTIFICATION 
Public Notice has been provided as follows: 
  • In the Territorial Newspaper
  • At Town Hall
  • On the Town website 
General Plan Conformance
The proposed code amendment has been reviewed for conformance with the General Plan. Notable goals, policies and actions include:

Goal D: A community with a wide range of services, amenities, shopping and dining opportunities and housing types that meet the needs of current and future residents.

The proposed code amendment conforms to the General Plan by maintaining that Mobile Food Units are still permitted to provide a service to Oro Valley residents. The proposed changes meet the intent of the General Plan to the greatest extent possible while conforming to Arizona state law. 
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
Two motions are required for this case. The first motion is an administrative action to declare the amendment a public record. The second motion is to approve or deny the proposed amendment.

ITEM A
I MOVE to (APPROVE/DENY) Resolution No. (R)18-41, declaring the proposed amendments to Chapter 25 of the Oro Valley Zoning Code regarding Mobile food Unit operations and other related updates as shown in Attachment 1 and filed with the Town Clerk, a public record. 

ITEM B
I MOVE to (APPROVE/DENY) Ordinance No. (O)18-14, amending Chapter 25 of the Oro Valley Zoning Code regarding Mobile Food Unit operations and other related updates as shown in Attachment 2, Exhibit "A".
Attachments
(R)18-41 Public Record Resolution
(O)18-14 Ordinance
Attachment 3: HB2371 Chaptered Version
Attachment 4: Planning and Zoning Commission Draft Minutes


    

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