HomeMy WebLinkAbout08032021 Planning Commission Packet`r
AP%L
CENTRAL
POINT
CITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
June 1, 2021- 6:00 p.m.
I. MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Planning Commission members, Tom Van Voorhees (chair), Amy Moore, Jim Mock, Pat
Smith, Kay Harrison, Brad Cozza
IV. CORRESPONDENCE
V. MINUTES
Review and approval of the April 6, 2021 Planning Commission meeting minutes.
VI. PUBLIC APPEARANCES
VII. BUSINESS
A.
VIII. DISCUSSION
A. Discussion regarding standards and regulations for Mobile Food Businesses,
including food trucks, trailers and mobile food courts, within the City of Central
Point.
IX. ADMINISTRATIVE REVIEWS
X. MISCELLANEOUS
XI. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired
must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at
541-423-1026 (voice), or by e-mail at: deanna.case dcentralpointoreggi3.gov .
Si necesita traductor en espanol o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con
72 horas de anticipaci6n al 541-664-3321 ext. 201.
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City of Central Point
Planning Commission Minutes
June 1, 2021
Meeting Held Via Zoom and in
person
I. MEETING CALLED TO ORDER AT 6:00 P.M.
II. ROLL CALL
Commissioners Tom Van Voorhees (chair), Jim Mock, Kay Harrison, Brad
Cozza, Pat Smith were present in person. Amy Moore attended via zoom.
Also in attendance were Planning Director Stephanie Holtey, Community
Planner Justin Gindlesperger and Planning Secretary Karin Skelton.
III. CORESPONDENCE
IV. MINUTES
Tom Van Voorhees noted two dates in the minutes which needed to be changed.
Kay Harrison made a motion to approve the April 6, 2021 minutes as amended.
Brad Cozza seconded the motion. ROLL CALL: Kay Harrison, yes; Brad Cozza, yes;
Jim Mock, yes; Pat Smith, yes. Amy Moore, abstain. Motion passed.
V. PUBLIC APPEARANCES
There were no public appearances.
VI. BUSINESS
A. Public hearing to consider text amendments fo the flood damage prevention
reglations in order to comply with National Flood Insurance Program (NFIP) standards
and the Community Rating System (CRS) program requirements.
Tom Van Voorhees read the rules for a legislative hearing there were no conflicts of interest, or
bias to declare.
Justin Gindlesperger gave an overview of the City's floodplain management program
stating it supports community resiliency through preventive and corrective measures.
These measures include requirements for zoning, subdivisions, buildings and building
codes and the overall floodplain environment. The proposed amendments provide updates
to the floodplain management standards to reflect changes in state and federal
requirements, provide clarity for development, and promote a more disaster -resistant
community.
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Planning Commission Meeting
June 1, 2021
Page 2
Mr. Gindlesperger said the City participates in the National Flood Insurance Program
(NFIP), which has minimum management standards for communities. Since Central Point
implements higher standards, the City also participates in the Community Rating System
(CRS), which is a voluntary incentive program that recognizes and encourages
community floodplain management practices that exceed the minimum requirements of
the NFIP. Due to the City's rating, residents are afforded a 20% discount on flood
insurance.
The Citizen's Advisory Committee reviewed the draft amendments at the April 13, 2021
meeting and provided a favorable recommendation to the Planning Commission.
Comments and discussion with the CAC highlighted the proposed amendments will not
affect implementation of the floodplain management program, are necessary to maintain
good -standing within the federal programs, and will provide additional safety from
flooding hazards.
The primary issue in the amendments to the floodplain development regulations is to
provide consistency with state and federal requirements, identify local policies and
actions that can be implemented to reduce flood losses, and protect City residents from
the dangers of flooding.
The public hearing was opened
There were no public comments.
The public hearing was closed.
Kay Harrison made a motion to approve Resolution 891 recommending approval of the
amendments to CPMC 8.24, Flood Damage Prevention.
The Commissioners discussed the updates and agreed they were clear and did in fact
improve the language. They felt the City was doing a good job administering the program
and that the discount for flood insurance was important.
ROLL CALL: Kay Harrison, yes; Amy Moore, yes; Jim Mock, yes; Pat Smith, yes;
Brad Cozza, yes. Motion passed.
VII. DISCUSSION
A. Discussion regarding standards and regulations for Mobile Food Vendors and
other vending units, such as food trucks, trailers and carts within the City of Central
Point.
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Planning Commission Meeting
June 1, 2021
Page 3
Mr. Gindlesperger stated the CAC had a good discussion at their last meeting and were in favor
of extending the locations allowing Mobile Food vendors. He said the purpose of this
discussion is to identify advantages and concerns regarding the use of mobile vending units in
Central Point and discuss additional regulations, standards and permitting processes
necessary to ensure safe and appropriate location and operation of these units
He reviewed the current regulations in Medford and Grants Pass. He said in the past few
months, the Planning Department has received several requests to increase the areas within
the City that are available to mobile vending. C rrently they are allowed on private property
within the C-4 zoning district, as a permitted use, and within the C-5 district, as a conditional
use. The CPMC does not permit the operation of mobile vending units within the right-of-
way of streets or alleys.
The Commissioners discussed ice cream trucks and asked how they were regulated. Ms.
Holtey stated she would look into the current regulations for ice cream trucks. They
discussed properties that might be available for a food truck court and how it might impact
brick and mortar restaurants. Mr. Gindlesperger mentioned food trucks were very popular
at City events. The Commissioners identified parking and power sources as potential issues.
Mr. Gindlesperger said all mobile vending units are required to obtain a business license to
operate within City limits and must be licensed by the Jackson County Health Department.
The City does not have additional permits or inspections of mobile vending units.
The Commissioners thought a pod or food court would be better suited to the City than single
trucks in various locations. They discussed possible fire hazards and sanitation concerns.
They thought hours of operation needed to be addressed.
The Commissioners felt it was important to get citizen input via some sort of outreach to the
community. Additionally they discussed possible test sites in the C-4 and C-5 zones. They said
they would like staff to identify some specific locations in order to evaluate the impact of a
food truck pod. They said traffic and insurance should be also taken into account.
Ms. Holtey said one city employee has been trying all the local mobile food vendors and has
seen they are very popular. She added they had been allowed on a case by case basis in the
artisan corridor. These could serve as test sites. They have been well received. She felt the
CAC would be a good forum for a community outreach. A notice could be put in the upcoming
newsletter inviting community input at the next CAC meeting. Ms. Holtey also suggested the
possibility of surveying the existing mobile food vendors for information regarding how many
people do they serve per day and what are the peak days, etc.
Planning Commission Meeting
June 1, 2021
Page 4
The Commissioners discussed insurance requirements for mobile vendors and expressed
concern about competition with brick and mortar restaurants and organizations trying to raise
money through concessions.
Ms. Holtey and Mr. Gindlesperger said they could look into how other cities regulated the
mobile food vendors.
Ms. Holtey explained the City needs to have specific regulations regarding the mobile food
vendors in order to minimize any negative impact, such as traffic, parking and noise.
Mr. Gindlesperger said he would draft some code regulations incorporating the issues
discussed and the input from the CAC meeting and bring those to the Planning Commission for
review.
VIII. ADMINISTRATIVE REVIEWS
IX. MISCELLANEOUS
Planning Update
There were no items for the July Planning Commission agenda so it would be
cancelled
Tom Humphrey would be retiring on June 30tt'. There would be a retirement
party on June 23, 2021 at 5:30 — 7:30 in the Twin Creeks Park.
The Planning Department will be hiring an additional planner in the near future
The County has approved the UGB amendment
X. ADJOURNMENT
Kay Harrison moved to adjourn the meeting. Brad Cozza seconded the motion.
Meeting was adjourned at 7:16 p.m.
Planning Commission Chair
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A toM•;_ �k
Date: August 3, 2021
AX
CENTRAL
POINT
To: Planning Commission
From: Justin Gindlesperger, AICP, Community Planner II
Re: Mobile Food Business Code Amendments Discussion
Planning Division
Stephanie Holtey, Planning Director
Based on previous discussions with the Citizen Advisory Committee (CAC) and the Planning Commission,
the City is in the process of preparing text amendments to expand the use of mobile food businesses,
such as food trucks and trailers, throughout the City of Central Point. At the most recent CAC meeting on
July 13th, the CAC forwarded a favorable recommendation on their review of draft code amendments
(attached).
Despite the favorable recommendation, the CAC highlighted concerns in the draft code language.
Issues
1. Hours of Operation.
The draft code language permitted longer hours in commercially zoned areas that extended past
midnight, provided the mobile food business was not within 150 -feet of residential uses. The CAC
recommended providing consistent hours of operation for all mobile food businesses throughout
the City. The draft code language has been amended to require all mobile food businesses,
regardless of location, to close by eleven (11:00) P.M.
2. Standards for Operation —Alcoholic Beverage Sales.
The initial draft language prohibited all mobile food businesses from serving alcoholic beverages.
However, the CAC recommended exploring the option of permitting alcoholic beverages within a
food court where multiple mobile food businesses are located together on a single site. The draft
code has been amended to permit alcoholic beverages within a food court that operates on a
continual, or semi-permanent, basis. Beverages are to be served from a central location on the site
and not from a specific food truck.
Next Steps
At the August 3rd meeting, Staff will present an overview of the draft mobile food business text
amendments, including the sections that address the concerns noted above. At that time, staff will
request feedback on needed changes and direction from the Planning Commission to schedule a public
hearing for the amendments in September.
Attachment: Draft Code Amendments — Mobile Food Businesses
Q
Mobile Food Businesses
—.—.010 Purpose.
The purpose of this chapter is to permit and encourage mobile food businesses within the City of Central
Point. Mobile food businesses provide the City with a wider variety of dining options. Mobile food
businesses shall comply with all other applicable City ordinances.
Provisions found in this section shall not apply to downtown vendors, vending carts, mobile ice cream
vendors, seasonal farm stands, and other temporary merchants or uses that are specifically authorized
by this title or other City ordinances.
—.—.020 Permit Required.
A. Business license and fees required.
1. No mobile food business shall continue in operation unless the holder thereof has paid
an annual business regulatory fee and has met all applicable requirements as set forth in
section 5.04.120 of this Code.
2. No person or business entity, including a religious or charitable organization, shall operate
a mobile food business in any public, private or restricted space without a permit issued
by the City.
Separate applications. Separate business license applications may be required for each mobile
food business. Separate business license fees shall be required for each mobile food business
vehicle operating under one business license.
C. Parks permit. Mobile food businesses that operate in City -owned parks shall be required to obtain
a separate permit from the Parks & Public Works Department.
D. In addition to the permit, all mobile food businesses shall comply with all applicable Jackson
County Department of Health requirements.
.030 Definitions.
When used in this chapter, the following words, terms, and phrases shall have the meaning ascribed to
them in this section, except where the context clearly indicates a different meaning:
"Ice Cream Truck" means a motor vehicle used as the point of retail sales of pre -wrapped or
prepackaged ice cream and similar frozen dessert products.
"Mobile Food Business" means any motorized or non -motorized trailer designed to be portable and not
permanently attached to the ground which is used to sell prepared or prepacked food.
"Mobile Food Court" means the placement of two (2) or more mobile food businesses on private
property.
1. "Temporary mobile food court" means the placement of two (2) or more mobile food
businesses on private property where the mobile vending unit/vehicle is removed from the
property during non -vending hours.
2. "Continual use mobile food court" means the placement of two (2) or more mobile food
businesses on private property for periods of time exceeding twenty four (24) hours.
"Mobile Vending Cart" means a pushcart movable under human power that is operated by a vendor
standing on the sidewalk for sale of food ready to eat.
"Mobile Vending Trailer" means a mobile trailer operated by a vendor standing on or within the frame
of the trailer on the public right-of-way between the curb lines.
"Mobile Vending Vehicle" means a motorized vehicle operated by a vendor standing on or within the
frame of the vehicle on the public right-of-way between the curb lines.
"Solicitor" means an individual who is taking or attempting to take, in person door-to-door, orders for
sale of food, beverages, goods, merchandise or services to be furnished or performed in the future,
regardless of whether he/she is collecting advance payments on such sales. Such definition shall include
any person who, for himself, or for another person, hires, leases, uses or occupies any building,
structure or motor vehicle within the City for the purpose of exhibiting samples and taking orders for
future delivery for door-to-door sales.
"Special Event" The temporary use, with a valid permit, of public property, including streets and parks,
for the purpose of conducting certain short term events, such as art shows, music concerts, sidewalk
sales, fund raising events, exhibitions or related activities.
"Street Vending" means the peddling, vending, selling, displaying or offering for sale any item of tangible
personal property or other thing of value from a mobile vending trailer or vehicle situated on the public
rights-of-way between the curb lines by a vendor to persons on the sidewalk.
"Temporary Merchant" means any person, whether owner or otherwise, whether a resident of the City
or not, who, for a time limited to ten (10) days per calendar month, engages in a temporary business of
selling and delivering goods, wares, merchandise and services within the City, and who, in furtherance of
such purpose, hires, leases, uses or occupies any private property within the City for the exhibition and
sale of food, beverages, goods, merchandise or service.
"Vendor" means any person, including an employee or agent of a group of individuals, partnership or
corporation, who sells or offers to take orders or sell food, beverages, goods or merchandise from
a mobile vending cart, mobile vending vehicle or mobile vending trailer, or any other type of conveyance
or from his or her person. The word "vendor" shall include the words "hauler", "huckster" and
"peddler".
_.040 Application and Permit Fees.
The application and annual permit fees shall be established by resolution of the city council.
—.—.050 Permit Application.
A. Application for a permit to operate a mobile food truck shall be made at the community
development department on a form provided. The request for permit shall minimally contain:
1. A completed application;
2. A scale diagram of the area for mobile food business, with dimensions shown;
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3. A certificate of insurance and endorsement form; and
B. A detailed site plan demonstrating the following is required:
1. The location and orientation of each vendor pad.
2. The location of any paving, trash enclosures, landscaping, planters, fencing, canopies,
umbrellas or other table covers, barriers or any other site requirement by the
International Building Code, or Health Department.
3. The location of all existing and proposed activities on site.
4. The circulation of all pedestrian and vehicle traffic on the site.
C. Other information shall be provided as required by the community development director to carry
out the purpose of this chapter.
.060 Location Rules and Review Criteria.
A. Persons selling food or beverages from mobile food businesses may do so by use of private
property only, unless the mobile food business has a permit for use of City -owned parks or is
part of a special event. Use of private property by mobile food businesses shall be arranged with
the real property owner and proof of such property owner authorization shall be required prior
to the issuance of a business license.
Mobile food businesses shall not use the public right-of-way unless otherwise allowed by
ordinance.
B. Mobile Food Businesses Allowed. The following mobile food businesses are allowed within the
City of Central Point:
1. A mobile food business operating as a single vendor on private property or on open space
owned by the City or a temporary mobile food court on private property is reviewed as
Type I procedure, in accordance with Section 17.05.200.
2. A mobile food business operating as a continual mobile food court is reviewed as a Type
II procedure, in accordance with Section 17.05.300.
C. Locations for Use.
1. Mobile food businesses are allowed only within the C-4, C-5, C -N, M-1, M-2, and the TOD
G -C, Zones, in accordance with the provisions of this section, except:
a. In the TOD — High Mix Residential (HMR) mixed use zone when the first floor of
the main building on the property is occupied by commercial uses.
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b. In residential zones if the primary use of the property is a church as a permitted
use within that zoning district. Mobile food business must have permission from
property owner and comply with all requirements and specifications of this
Section.
c. On City -owned Open Space (OS) with approved permit from Parks & Public
Works for operation in/around city -owned parks. Specific to Don Jones Park,
Pfaff Park, Twin Creeks Park, and/or Bohnert Park.
2. Any mobile food business must operate and be located to comply with the following:
a.One hundred (100) feet from the front door and/or outdoor dining area of any
restaurant, except:
if the application is submitted with the written consent of the proprietor
of such restaurant or shop;
The consent shall be on forms deemed appropriate by the Planning
Director; and
iii. Such waiver shall not exempt the applicant from compliance with the
other location and distance restrictions of this section;
b. Fifty (50) feet from any permitted mobile food business except as permitted by
a special event permit or within a mobile food court;
c. Fifteen (15) feet from any fire hydrant; and
d.Five (5) feet from any driveway, sidewalk, utility box or vault, ADA ramp, or
building entrance or exit.
3. Any mobile food business shall not occupy or obstruct the following:
a. Pedestrian paths or walkways;
b.Setbacks, buffers, or required landscape areas;
c. Bicycle lanes or parking areas;
d.Fire lanes or emergency vehicle access areas;
e. Existing or proposed easements; or
f. Public right-of-way or ADA clearance on sidewalks.
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—.—.070 Standards of Operation.
A. Business activity to be temporary. All business activity related to mobile food businesses shall be
of a temporary nature subject to the requirements below:
1. All vehicles used for mobile food businesses must be removed from public or private
property during non -vending hours, unless the mobile food business is part of a
continual use mobile food court as permitted in subsection J of this Section or is
included as part of a special event permit.
2. The "mobile food truck shall be occupied by the owner or operator thereof at all times.
3. No overnight parking is allowed.
4. The mobile food business shall not have a drive-through.
B. All mobile food businesses are for the sale of food products and non-alcoholic beverages that
are capable of immediate consumption;
1. Retail sale of nonfood items is not permitted;
2. The performance of professional or personal services for sale shall not be provided from
a mobile food business;
3. Mobile food businesses shall not offer alcoholic beverages, except as licensed by a
special event permit or community event permit.
C. Hours of Operation. Mobile food businesses shall be allowed to engage in their licensed
business between seven o'clock (7:00) A.M. and eleven o'clock (11:00) P.M.
D. Parking. The following are minimum parking standards for mobile food businesses:
Parking for a mobile food business is required at a ratio of two (2) stalls per mobile food
business.
Hard surface paving at the vehicular entrance to the mobile food court, for each
individual mobile food business, and all vehicular circulation areas is required.
Alternatives to asphalt and cement may be approved if the applicant is able to
demonstrate that the alternative will not result in the accumulation of mud or debris on
the City right-of-way.
All mobile food businesses must at all times be parked in a legal manner. Mobile food
business vehicles must be parked so that neither the vehicle nor the customers block
driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.
4. No mobile food business shall occupy required parking stalls of the primary use.
5. No mobile food business shall interfere with the internal parking lot circulation.
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E. Signs. No signs shall be used to advertise the conduct of a mobile food business at the premises
other than that which is physically attached to the vehicle, except temporary signs authorized by
Chapter 15.24. Unsecured menu boards or sidewalk signs are prohibited.
Utilities. Any auxiliary power required for the operation of the mobile food truck shall be self-
contained. No use of public or private power sources are allowed without providing written
consent from the owner.
1. Connection to a temporary power source is permitted. Extension cords shall be covered
or screened to prevent tripping hazards.
Generators on mobile vending carts, trailers and vehicles powered by gasoline are
prohibited. Only generators powered by propane are acceptable.
G. Trash and Recycling. All grounds utilized by a mobile food business shall at all times be
maintained in a clean and attractive condition and all materials generated from a mobile food
business are to be disposed of properly.
1. Containers shall be provided for use of the business patrons.
2. It is illegal to discharge or dispose of any substance, material, food, or waste into the
storm drain system, gutters of streets, landscape areas, private dumpsters, pubic trash
receptacles.
H. Fire Extinguisher. A five (5) pound, "K" class, handheld fire extinguisher is required if a heating or
cooking appliance is used.
I. Support equipment and accessories. Support equipment and accessories, other than the
generator and the propane tanks, must not extend more than four feet (4') from the edge of the
cart, trailer or vehicle in any direction and shall not be placed so as to impede pedestrian traffic.
1. The cooking mechanism of a mobile food business, including BBQ grills must be
enclosed and permanently built into the structure of the vehicle.
Umbrellas, canopies or other covers used on mobile businesses must be securely
fastened. The open diameter may not exceed nine feet (9'), with a minimum vertical
clearance of seven feet eight inches (7'8"), and must not extend more than four feet (4')
from the edge of the cart, trailer or vehicle in any direction.
3. If the mobile food business includes an area for food preparation and/or sale, it must be
approved by the Jackson County Health Department.
J. Noise. Mobile food businesses shall comply with the provisions of Section 8.04.080 for noises
generated from general operation of the business, including but not limited to vehicles,
generators, music, and amplified announcements.
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K. Mobile Food Courts. In addition to the standards of this section, mobile food courts are subject
to the following:
1. A mobile food court is permitted on private property only, unless the mobile food
businesses are part of a special event.
2. A mobile food court is required to be on a parcel of at least two thousand (2,000) square
feet in size.
No less than two (2) and no more than ten (10) individual mobile food businesses or
other authorized vendors are allowed on a parcel. Vendors in a mobile food court shall
be separated by a minimum of a 10 -foot radius.
4. No participating mobile food business or other authorized vendor shall continue in
operation at the mobile food court unless the holder thereof has paid an annual
business regulatory fee as set forth in section 5.04.070 of this Code, or its successor
section.
5. The vehicle of a mobile food business must remain operable, with tongues and wheels
attached and tires inflated. No permanent skirting or base shall be constructed around
the mobile food business.
6. Outdoor equipment is permitted within Mobile Food Courts and includes items such as
seating, tables, grills, canopies, and other items for guests or preparing food.
7. A master sign plan shall be submitted for review and approval that provides information
relating to permanent signs for the court, as well as individual signs for each business.
8. Restroom access. A mobile food court must provide access to restroom facilities. If
unable to provide restrooms, an applicant may enter into an agreement with another
property owner to provide restroom access for employees and customers.
9. Continual Use Mobile Food Courts are subject to the following:
a.A continual use mobile food court may include the construction of permanent
structures for enclosed seating areas, a food storage structure, or a structure
that serves alcoholic beverages.
b.Alcoholic beverages. Alcoholic beverages may be served on site at a continual
use mobile food court.
c. Landscaping. Continual Use Mobile Food Courts are subject to the requirements
of Section 17.75.039(G) for Parking/Loading Facility Landscaping and Screening.
d. Lighting. Lighting shall be installed at a continual use mobile food court in
accordance with Section 17.75.039(D)(4) of the Code.
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e. Utilities. The following utilities are required for a continual use mobile food
court:
i. Connection to sanitary sewer lines consistent with applicable state
plumbing codes and all wastewater discharged to the sanitary sewer is
subject to the requirements of the Rogue Valley Sewer Services.
Connection to a site -dedicated master water meter is required. The size,
installation, and applicable fees shall be coordinated with the Public
Works Department.
iii. Private waterline extensions from the master water meter to each
vendor are required per the Uniform Plumbing Code.
iv. Connection to a permanent power source that is located underground.
Overhead wires connected to a mobile food business are not permitted.
—.—.100 Denial, revocation or suspension of permit.
A. The community development director may deny, revoke, or suspend the permit upon finding
that any provision of this chapter or condition of approval will be or has been violated.
Upon denial, revocation, or suspension the community development director shall give notice of
such action to the applicant or permittee in writing stating the action which has been taken and
the reason therefor. The action shall be effective immediately, but the applicant or permittee
may make written request, within ten calendar days after the notice is issued, for a hearing by
the city council. Upon hearing the matter, the city council shall render a final decision
concerning the permit.
.110 Penalties
Any violation of this chapter shall be an infraction as defined by Section 1.16.010 and punishable by a
fine as set forth in that section. The city manager or his designee is authorized to issue a citation to any
person violating the provisions of this chapter. After two infractions, the mobile food business permit
shall be revoked for a period of at least one year.
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