Agenda - 06-21-2016 - 5-a - Minutes

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10 1 distance limitations on the siting of mobile food vending units, and prohibits the smoking of 2 tobacco products within the confines, or within 100 feet, of mobile food vending units. 3 4 Staff for both the Planning and Inspections Department and the Health Department consulted 5 on the proposed ordinance and their suggestions are included in the draft. 6 7 John Roberts said if any violations were incurred, it would be a misdemeanor. He said 8 permits would not be issued, but rather violations would be reported as discovered by the public 9 or a health inspector, to the Sheriff's department who would issue a citation. 10 Commissioner Rich asked if John Roberts could give an example of a violation if a food 11 truck is parked in a commercial parking lot. 12 John Roberts said if there are only two parking spaces available, the food truck may not 13 occupy those spaces and in turn interfere with the business. He said any violations would go 14 against a property owner, not the vendor. 15 Commissioner Rich referred to section C.8-120 and asked if there were limited hours 16 when a truck can be in a commercial zone. 17 John Roberts said time restrictions would still apply if the truck was within 200 feet of a 18 residential area. He added that this is not an existing ordinance, and the BOCC can adjust the 19 language, as it deems necessary. 20 Commissioner Rich said she would like to look at that issue a bit closer, since 9:00 p.m. 21 is very early as compared to others such as Carrboro, Durham and Raleigh. 22 Commissioner Price asked if the ordinance would apply to areas such as the courthouse 23 lawn. 24 John Roberts said it only applies to Orange County's jurisdiction, the unincorporated 25 sections of the County. He said the courthouse lawn would be in the jurisdiction of the Town of 26 Hillsborough. He said County ordinances apply to County owned properties and parking lots. 27 Commissioner Price asked if food trucks would be permissible at the Flea Market at 28 Buckhorn. 29 John Roberts said yes. 30 Commissioner Price asked if there would be time restrictions, if the truck is in a purely 31 commercial area with no residences nearby. 32 John Roberts said time restrictions only apply to a commercial area that is within 200 33 feet of a residential area, or on any residential lot where there is a private event occurring. He 34 said the idea of the time limitations is to be respectful of residents and late-night noise. 35 Commissioner Price asked if food trucks would come under the same standards as a 36 regular establishment. She said she imagines many patrons would walk or cycle to these food 37 trucks. 38 John Roberts asked if Commissioner Price could clarify what she means by "same 39 standards". 40 Commissioner Price said when one opens a restaurant; one has certain parameters one 41 must follow. 42 John Roberts said no, the parking requirements for a restaurant are itemized in the 43 Unified Development Ordinance (UDO). He said a commercial site has a minimum number of 44 parking spaces that it must maintain, and if the food truck interfered with this number, then the 45 property owner is responsible for insuring the proper numbers of spaces are available. 46 Commissioner Pelissier referred to bona fide farms, and asked if they could have a food 47 truck that is their own business or a food truck to come on to the property to host an event. 48 John Roberts said it would depend what the food truck was for, and it would be allowed 49 for a special event, cultural, or agri-tourism event. He said the biggest restriction is that food 50 trucks cannot be allowed on undeveloped property.