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Home My WebLink AboutORD 2018-61 - Mobile Food VendorORDINANCE NO. C g " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 3, APPLICATIONS AND PERMITS, CHAPTER 5, ZONING USE REGULATIONS, AND CHAPTER 16, DEFINITIONS, OF THE UNIFIED DEVELOPMENT CODE (UDC) RELATING TO MOBILE AND OUTDOOR FOOD VENDORS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on March 11, 2003, the City Council of the City of Georgetown, Texas, adopted a set of comprehensive development regulations known as the Unified Development Code ("UDC') via Ordinance No. 2003-16, which codified various zoning and subdivision standards; and WHEREAS, the City Council established a UDC Advisory Committee on November 12, 2013, to review proposed or requested amendments to the UDC other than executive amendments, which are those amendments that are nondiscretionary, mandatory, or legislative revisions to address state statutes or case laws, ratify published directors determinations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel; and WHEREAS, the City Council adopted Resolution 042418-X on April 24, 2018, adopting the Unified Development Code (UDC) General Amendments List for 2018/19; and WHEREAS, amendments relating to Mobile and Outdoor Food Vendors was identified as Priority 1 in the 2018/19 UDC General Amendments List; and WHEREAS, the UDC Advisory Committee conducted a Public Hearing on the proposed amendment at their August 8, 2018 regular scheduled meeting, and recommended approval of the amendment to the City Council; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the proposed amendment at their September 4, 2018 regular scheduled meeting, and recommended approval of the amendment to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: ORDINANCE NO. -e>)-Q I S - 1p I PAGE 1 OF 2 DESCRIPTION: MOBILE OD VENDOR fGEN ERAL AMENDMENT NO, I EXHIBIT "A" DATE APPROVED: OCTOBFX 9 2018 SECTION 1: The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan. SECTION 2: Chapter 3, Applications and Permits, Chapter 5, Zoning Use Regulations, and Chapter 16, Definitions, are hereby amended as described in EXHIBIT A. SECTION 3: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4: If any provision of this Ordinance, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 5: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective in accordance with the provisions of State Law and the City Charter of the City of Georgetown. APPROVED on First Reading this 25 day of September, 2018. APPROVED AND ADOPTED on Second Reading this 9 day of October, 2018. THE CITY OF GEORGETOWN: Mayor �'r o T -e rY> APPROVED AS TO FORM: Charlie McNabb City Attorney ORDINANCE NO. ao i p k DESCRIPTION: MOBILE FOOD VEND ENERAL AMENDMENT N DATE APPROVED: OCTQ$ER 9, 2018 ATTEST: Shelley Nowl ng City Secretary PAGE 2 OF 2 EXHIBIT "A" Mobile Food Vendors Exhibit "A" UDC Amendment No. 1 Chapter 3 - APPLICATIONS AND PERMITS kkk SECTION 3.11. - TEMPORARY USE PERMIT Sec. 3.11.010. - Applicability. H. R orar IViobile or outdoor food vendor, pursuant to City Code Section 8.12. kktF kkk Chapter 5 - ZONING USE REGULATIONS kkk SECTION 5.04. - COMMERCIAL USES kkk Table 5.04.010: Commercial Uses Specific MF MF Use AO RE RI. RS TF TH 1 2 MH CN Cl C3 OF [ii' IN PF MUDT MU Notes kkk Food and Beverage Establishments Ikkk Permanent Mobile or Outdoor _ _ _ _ _ _ _ _ S S _ S S _ S S Y Food Vendor kkk Y. Permanent Mobile or Outdoor Food Vendor I'ermanentMobile or Outdoor Food Vendor is permitted in a eordance with Table 5.04, 010 and sub'ect to the followingstandards and limitations: . The Mobile or Outdoor Food Vendors shall be a jLiimary use on the property. Added language is underlined Page 1 of 5 Deleted language is sv*et"ug#a Mobile Food Vendors UDC Amendment No. 1 Exhibit "A" ?. Each Mobile or Outdoor Food Vendor shall have!Ci a roved connection to Crit approved electric, water and wastewater services 3. A Mobile Food Park Manager shall be designated for the.proprrty, a. The Mobile Food Park Manager shall be avaiiable by phone while the vendors is o en for usiness. A telephone number and email address for the Mobile Food Park Mana er shall be posted on a sign no larger than one 1square foot. The sign shall be Posted on a location visible to the Patrons. b. The Mobile Food Park Manager shall be responsible for the general management of theark includinz but not l.i-nited to addressing inquiries, questions, and concerns ensuring ro .ert maintenance enforcing hours of ooration and other o erational matters. 4. Pa rki ng shall be provided in accordance with Cha ter 9 of this Code. 5. Toilet facilities and trash receptacles shall be provided on the property in compliance with all applicable City regulations. 6. Amenities including but not limited to tables chairs and shade structures may be ermitted on the property subject tocornl2liance with this Code. 7. All vendors amenities and other site improvements shall be identified on the Special Use Permit Concept Plan and Site Development Plan in accordance with this Code. SECTION 5.08. - TEMPORARY USES Table 5.08.010: Temporary Uses Specific G RE RL RS TF TH MF ! �F MH CN C1 C3 OF BP IN PF MUDT MU Notes Temporary Mobile of Outdoor Food Vendor Added language is underlined Page 2 of 5 Deleted language is 5trikethF9wgb Mobile Food Vendors UDC Amendment No. 1 Exhibit "A" Specific AG RF RL RS TF TH MF MF MH CN C1 C3 OF SP IN PF MUDT MU Notes Use 1 2 Transient Mobile or Outdoor L L L L L L L L L L j Food Vendor Sec. 5.08.020. - Temporary Use Limitations. A. Seasonal Product Sales,jTemporary Farmer's MarketLland Temporary Mobile or Outdoor Food Vendor. 1. Seasonal Product Sales, Temporary Farmer's Markets, and Temporary Mobile or Outdoor Food Vendors shall meet the requirements and follow the procedures of Section 3.11 of this Code. 2. Temporary Mobile or Outdoor Food Vendor is permitted in accordance witli Table 5.08.010 and subject to the Fol lowing .additional standards and limitations: a. The Mobile or Outdoor Food Vendor shall be secondary to an existing primary use on the property. b. No more than three 3 Mobile or Outdoor Food Venders shall be 2ermitted on the property. c. Mobile or Outdoor Food Vendors shall be in opgration and o ned to the public during the primary use's hours of ❑ ration. d. Mobile or Outdoor Food Vendors may connect to City approved electric. Connection to water or wastewater services shall not be vermitted. e. Amenities including but not limited to restrooms tables chairs and shade structures may be permitted on the property subject to compliance with this Code. F. Parkin shall be rodded in accordance with Cha ter 9 of this Code. g. No Mobile or Outdoor Food Vendor shall be located on a rerluired parking space or loading area. Added language is underlined Page 3 of 5 Deleted language is St "-tom„ Mobile Food Vendors UDC Amendment No. 1 Exhibit "A" h. All Mobile or Outdoor Food Vendors amenities and ether site improvements shall be identified on the Temporary Use Permit in accordance with this Code. i_ The Tempgrary TemporaryUse Permit For flig-praperty may be valid fora 2eriod not to exceed one 1 ear. Renewal of the Tem pora.r :Use Permit shall not be permitted. J. Transient Mobile or Outdoor Food Vendor, Transient Mobile orOutdoor Food Vendor is permitted in accordance with Table 5.08.0,10 without app rovaI of a l2ermit and subject to the fol lowin standards and limitations: 1. The Mobile or Outdoor Food Vendor shall be accessory to an existing rimar use on the rn ert and may only be 121aced on theprovertyThursday throu h Sunda y. No Mobile or Outdoor Food Vendor shall be permitted on the pr�erty Monday through Wednesday. 2. No more than two 2 Mobile or oUtdoor Food Vendors 5hall be permitted on the property. I Mobile or Outdoor Food Vendors shall be in o eration and o erred to the Public durin the primar use's hours of o eration. 4. Connection to electric water and wastewater services shall be prohibited. 5. Amenities including but not limited to restrooms tables chairs and shade structures shall be prohibited. 6. Parking shall be Provided in accordance with Cha ter 9 of this Code. 7. No Mobile or utdoor Food Vendor shall be located on a required parking s ace or loading area. 8. Mobile or Outdoor Food Vendor shall meet the lot and dimensional standards of the zoning district. Chapter 16 - DEFINITIONS Added language is underlined Page 4 of 5 Deleted language is str"- h Mobile Food Vendors Exhibit "A" UDC Amendment No. 1 SECTION 16.02. — DEFINITIONS Mobile or Outdoor Food Vendor. A vehicle -mounted food service establishment that is designed to be readily movable, including push carts, mobile kitchens, hot dog carts, pretzel wagons, concession trailer, etc. Foods are limited to prepackaged or commissary prepared food unless the unit is equipped and approved by the County Health District (WCCHD) to handle food preparation. Any unit that requires direct hand contact with the food shall have a hand washing sink. Mobile or Outdoor Food Vendor, Permanent. A Mobile or Outdoor Food Vendor that is a primary use of a property.rhis may include a single Mobile or OutdoorF and Vendor, or a Mobile Food Park consisting of two Z or more Mobile or Outdoor Food Vendors. Mobile or Outdoor Food Vendor Temporary. A Mobile or Outdoor Food Vendor that suRpiements and is secondary to an existing business located on the same property. Mobile or Outdoor Food Vendor Transient. A Mobile Food Vendor that locates temporarily on a pro 12eLL4 with an exis ting business in accordance with the standards of this Code. J Added language is underlined Page 5 of 5 Deleted language is Wig#