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HomeMy WebLinkAboutOrdinance 5699ORDINANCE NO. 5699 AN ORDINANCE TO REPEAL § 178.05 FOOD TRUCK LIMITED TIME PERMITS AND ENACT A REPLACEMENT § 178.05 FOOD TRUCK AND FOOD TRAILER LIMITED TIME PERMITS WHEREAS, the initial implementation of the Food Truck Limited Time Permit ordinance identified areas of concern that can be resolved by amending the ordinance; and WHEREAS, creating a class of permits designed for both food trucks and food trailers will provide additional opportunities for mobile vendors in the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas repeals § 178.05 Food Truck Limited Time Permits and enacts § 178.05 Food Truck and Food Trailer Limited Time Permits as shown on Exhibit "A" attached hereto. PASSED and APPROVED this 15'h day of July, 2014. TTEST: y: — J&" U"�' AV'i& - SONDRA E. SMITH, City Clerk/Treasurer �'01%u11rir/i/i RK• G\T Y : FAYETTEVILLEo�- L •� '''✓ v �1iT 0 N •G�� O`• EXHIBIT A 178.05 Food Truck and Food Trailer Limited Time Permits (A) Purpose. This section's purpose is to create a (d) The applicant agrees to move to a process that allows food trucks and food trailers to different location after a four (4) hour time locate for a limited time on public and private period. This time period includes onsite property. Food trucks are defined as a motorized set-up and break -down time. The and operationally self-contained single vehicle applicant agrees to move at least 325 equipped with facilities for cooking and selling feet away or out of sight/view of their food. Food trailers are defined as a mobile food previous location once their initial 4 hour unit designed to be towed on public roads and time period has expired. having an enclosed area for storage, handling or preparation of food. (e) The applicant agrees to not locate on the same side of the street directly in front of (B) Limited Time Permit for Parallel Parking Spaces. an existing restaurant. Food trucks may apply for a permit determined through a lottery drawing by the Planning Division (f) The applicant agrees to only vend to locate for a limited time in a marked or towards the sidewalk side of the street delineated parallel public parking space. and to keep the sidewalk unobstructed to allow for free flow pedestrian movement (1) The Planning Division will conduct a lottery in along the street. November each year for a total of three (3) Limited Time Permits for locating in parallel (g) The applicant agrees to locate on public parking spaces on public roads. If more than property such that they will not cause an nine (9) lottery applications are made unsafe traffic or pedestrian situation. Planning Staff may increase the number of permits issued not to exceed one third (1/3) of (h) The applicant agrees not to set up in a the total number of applications. Instances in parking space adjacent to a parking pay which 1/3 the total number of applications station kiosk. results in a fraction of 0.5 or higher, the number of permits available shall be rounded (i) Food trucks are prohibited from parking up to the next whole number. These permits or vending from angled on -street parking shall be issued on January 1 sl and will extend spaces and from public parking lots in the until December 31st. Food trucks may apply Entertainment District or the Downtown and participate in this lottery every year. Business District. Food trucks are prohibited from parking in marked (2) A Limited Time Permit for Parallel Parking parallel parking spaces that are posted Spaces may be approved administratively by reserved for residential use. the Planning Division after making the following determinations: (j) The City reserves the right to limit food trucks from utilizing public parking (a) The applicant has paid an annual $100 spaces during special events such as; permit fee. Food trucks shall pay the parades, Bikes, Blues and BBQ, etc. appropriate fee for the time they are Special event permits may be available located in public parking spaces. The to food trucks for certain events. Contact food truck shall fit entirely within one the City's Parking Division for special marked parallel on -street parking space. event permits. (b) The applicant has provided a valid copy (C) Limited Time Permit on Public Property. Food of the County Health Department permit trucks and food trailers may apply for a permit and proof of remittance of HMR tax to the determined through a lottery drawing by the City of Fayetteville. Planning Division to locate for a limited time on public property excluding on -street marked (c) The applicant has the responsibility to parallel or angled parking spaces. Food trucks and dispose of all wastes in accordance with food trailers with this permit may also vend in City all applicable laws. Food trucks are not Parks with approval by the Parks and Recreation permitted to dispose of their trash in Director. public trash receptacles. (1) The Planning Division will conduct a lottery in November each year for a total of three (3) Limited Time Permits for locating on public District or the Downtown Business property. If more than nine (9) lottery District. Food trucks and food trailers applications are made Planning Staff may are also prohibited from parking in increase the number of permits issued not to marked parking spaces that are posted exceed one third (1/3) of the total number of reserved for residential use. applications. Instances in which 1/3 the total number of applications results in a fraction of (h) The City reserves the right to limit food 0.5 or higher, the number of permits available trucks and food trailers from utilizing shall be rounded up to the next whole public parking spaces during special number. These permits shall be issued on events such as; parades, Bikes, Blues January 1S' and will extend until December and BBQ, etc. Special event permits 31St. Food trucks and food trailers may apply may be available to food trailers for and participate in this lottery every year. certain events. Contact the City's Parking Division for special event (2) A Limited Time Permit on Public Property may permits. be approved administratively by the Planning Division after making the following determinations: (D) Limited Time Permit on Private Property. Food trucks and food trailers may be approved (a) The applicant has paid an annual $100 administratively by the Planning Division for a permit fee. Food trucks and food Limited Time Permit to locate on private property trailers shall fit entirely within no more after meeting the following conditions: than two parking spaces on public property or in a City Park and shall pay (1) The applicant has paid an annual $100 permit the appropriate fee for the time they fee, unless they are also the holder of a public are located in public parking spaces. property lottery permit and they have already paid a $100 permit fee. Permits expire (b) The applicant has provided a valid December 31 s' copy of the County Health Department permit and proof of remittance of HMR (2) The applicant has provided a valid copy of the tax to the City of Fayetteville. County Health Department permit and proof of remittance of HMR tax to the City of (c) The applicant has the responsibility to Fayetteville. dispose of all wastes in accordance with all applicable laws. Food trucks (3) The applicant has the responsibility to and food trailers are not permitted to dispose of all wastes in accordance with all dispose of their trash in public trash applicable laws. Food trucks and food trailers receptacles. are not permitted to dispose of their trash in public trash receptacles. (d) The applicant agrees to move to a different location after a four (4) hour (4) The applicant has agreed to move to a time period. This time period includes different property after a four (4) hour time onsite set-up and break-down time. period. This time period includes any onsite The applicant agrees to move at least set-up or break-down time. 325 feet away or out of sight/view of their previous location once their initial (5) The property is zoned to allow for food and 4 hour time period has expired. beverage uses and the location meets all applicable zoning requirements of the (e) The applicant agrees to locate on underlying zoning district. The property owner public property such that they will not for each location must provide a written cause an unsafe traffic or pedestrian statement giving the food truck or food trailer situation. operator permission to operate on the property. A site plan shall be provided by the (f) The applicant agrees not to set up in a applicant or property owner for each parking space adjacent to a parking proposed site upon which the food truck or pay station kiosk. food trailler would like to temporarily locate. The vendor shall keep these records up to (g) Food trucks and food trailers are date with the Planning Division. prohibited from parking or vending from on-street marked parallel or (6) The applicant agrees to locate on private angled parking spaces and from gated property such that they will not cause an public parking lots in the Entertainment unsafe traffic or pedestrian situation. cls ¢� AGENDA REQUEST 3"til lS,zv�y FOR: COUNCIL MEETING OF �4 FROM: CITY COUNCIL MEMBER Matthew Petty ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REPEAL § 178.05 FOOD TRUCK LIMITED TIME PERMITS AND ENACT A REPLACEMENT § 178.05 FOOD TRUCK AND FOOD TRAILER LIMITED TIME PERMITS APPROVED FOR AGENDA: x e . �� y Ci yncil M ber atthew Petty Date Assistant City Attorney Blake Pennington Date (as to form) Pennington, Blake From: matt@matthewpetty.org on behalf of Matthew Petty - Fayetteville Ward 2 <citycouncil@matthewpetty.org> Sent: Tuesday, July 01, 2014 3:14 PM To: Pennington, Blake Cc: Nierengarten, Peter Subject: Re: Food trailer ordinance This looks good. Thank you! Would you please prepare it as an ordinance for me to send to the City Clerk? On Tue, Jul 1, 2014 at 2:21 PM, Pennington, Blake <bpenningitonkfayetteville-ar. ov> wrote: A little after lunch but here is a new draft. I have corrected Section C to be consistent and prohibit parking in marked parallel spaces. I also added the prohibition against parking in gated lots. The language in the ordinance regarding the P&R Director's authority is broad enough that she could establish approved zones or, conversely, prohibited zones within park property, expecially with respect to safety and traffic concerns. That language doesn't restrict any authority the P&R Director has with respect to the goings on in city parks. If we added more specific language, I'm afraid that would begin to restrict her authority. Blake E. Pennington .Assistant City Attorney Tele: (479.)575-8313 Upemungton(a fay etteville-ar.goe From: matt@matthewpetty.org [mailto:matt@matthewpetty.org] On Behalf Of Matthew Petty - Fayetteville Ward 2 Sent: Monday, June 30, 2014 11:48 AM To: Pennington, Blake Cc: Nierengarten, Peter Subject: Re: Food trailer ordinance Welcome home, Blake. Your first draft looks great. Just two clarifications and a question: Section (C) is intended to allow trailers in non -marked parallel spaces. (C)(2)(g) prohibits all parallel spaces. Let's make it consistent. Add a prohibition against using gated public parking lots to (C). I want to make sure the Parks and Rec Director has broad authority for denying a permit to anyone if it would create a hazard or traffic issue. A concern has been raised about allowing trailers into the cul de sac's at Wilson Park. With the way (C) is drafted, would the Parks and Rec Director have the authority to deny the use of a cul de sac to a food trailer? Or do we need more specific language.? I think that's it. Thanks for your help, M On Fri, Jun 27, 2014 at 10:16 AM, Matthew Petty - Fayetteville Ward 2 <citycouncilkinatthewpet ..org> wrote: Excellent. Thank you. FYI, I'm going to go the other way on marked parallel spaces. I want food trailers to be able to use unmarked spaces on streets (assuming appropriate zoning, etc). Re: cul de sacs in parks - this makes sense and should be handled through the "requires advance permission of the Parks and Rec director or designee" clause. I recommend parks staff develop a standard checklist for those phone calls which includes questions about where they plan to locate and truck/trailer status. On Thu, Jun 26, 2014 at 5:20 PM, Nierengarten, Peter <pnieren ag rtenkfayetteville-ar.gov> wrote: Hi Matthew, Thanks for the opportunity to provide comments! Parks indicated that they are generally ok with the proposed change. Their only concern is that food trailer not be allowed in the dead-end cul-de-sac streets at Wilson Park, since turning around would be a major issue for a trailer. That appears to be covered in Section C2g which states that they are prohibited from parking or vending in parallel or angled on -street parking spaces. I did propose a slight change in the description of Section C so that it is consistent with C2g by deleting the word "marked" with reference to parallel or angled parking spaces. Also in Section C — Limited Time Permit on Public Property, this section appears to be worded to allow Food TmilPrr in PiiWirly nIA/nmrl Parleina I rite — I'm not euro if+hiC ininC -1 in+on+inn — nn+ C., 1 —1— ...*.+h Cl-- Waters about whether or not trailer could practically fit in public parking lots with gates and she expressed some concern. She said that trailers going into the gated lots are not allowed because it messes up the loop detection on the gate equipment. Thus when a vehicle enters with a trailer attached, the gate closes down before the trailer passes through completely causing damage to the trailer as well as our gate equipment. So, based on Sharon's feedback we may need to talk about the logistics of allowing Food Trucks in gated parking lots. regards Peter Nierengarten Sustainability & Resilience Department Director City of Fayetteville, Arkansas 479.575.8272 From: matt@matthewpetty.org [mailto:matt@matthewpetty.org] On Behalf Of Matthew Petty - Fayetteville Ward 2 Sent: Tuesday, June 24, 2014 4:08 PM To: Nierengarten, Peter Cc: Garner, Andrew; Pate, Jeremy; Marr, Don; Edmonston, Connie; Jumper, Alison Subject: Re: Conversation with food trailer owner Hi Peter, I already have a draft ready to go from Blake (attached). Also, based on this email from Jeremy on May 23 (pasted after my signoff), I am pretty much ready to go. I expect Alan to bring forward an amendment to allow trailers in marked parallel spaces when this is introduced (and I expect it to fail, but perhaps the vote will be close or I am just wrong). At this stage I'm not going to make any material changes to the framework Blake has drafted, but I would appreciate your comments on this draft as they relate to process and form. I plan to submit this to the clerk next week, barring something unforeseen. I am framing this as an oversight correction. Best, M ---------- Pasted message ---------- From: Pate, Jeremy <jpate .fayetteville-ar.gov> Date: Fri, May 23, 2014 at 1:20 PM Subject: RE: FW: Food trucks vs Food trailers To: Matthew Petty - Fayetteville Ward 2<citycouncil(a)matthewpetty.orq>, "Olson, Leif' <lolson(cr�fayetteville- ar.gov>, "Garner, Andrew" <agarnera-fayetteville-ar.gov>, "Pennington, Blake" <bpennington fayetteville- ar.gov>, Alan Long <longward4(o)_gmail.com> I don't believe we have a concern with trailers on private property, whether they issued temporary, long-term or bumping permits. I think we would also be open to allowing trailers in public parks through the lottery process, if there is adequate space for them, subject to Parks approval like any other vendor that wins a lottery ticket. -Jeremy --- End pasted message --- On Tue, Jun 24, 2014 at 3:51 PM, Nierengarten, Peter <pnieren ag rtengfEetteville-ar, oovv> wrote: Hi Matt, Thanks for including us in this conversation! Could you let us know when you anticipate bringing forward the amendments you mentioned below? Staff generally agrees with the safety concerns that you expressed related to trying to parallel park food trailers and therefore we do not support allowing them in on street parallel parking spaces. I think we'd be open to discussing allowing trailers on private property, but we would need to balance that with trying to keep the nuances of the ordinance from becoming too complicated to understand and explain. Regarding trailers in Parks, I think we need to let Connie's team weigh in on that. Peter Nierengarten Sustainability & Resilience Department Director City of Fayetteville, Arkansas 479.575.8272 ORDINANCE NO. AN ORDINANCE TO REPEAL § 178.05 FOOD TRUCK LIMITED TIME PERMITS AND ENACT A REPLACEMENT § 178.05 FOOD TRUCK AND FOOD TRAILER LIMITED TIME PERMITS WHEREAS, the initial implementation of the Food Truck Limited Time Permit ordinance identified areas of concern that can be resolved by amending the ordinance; and WHEREAS, creating a class of permits designed for both food trucks and food trailers will provide additional opportunities for mobile vendors in the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas repeals § 178.05 Food Truck Limited Time Permits and enacts § 178.05 Food Truck and Food Trailer Limited Time Permits as shown on Exhibit "A" attached hereto. PASSED and APPROVED this day of , 2014. APPROVED: ATTEST: IC LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 178.05 Food Truck and Food Trailer Limited Time Permits (A) Purpose. This section's purpose is to create a (d) The applicant agrees to move to a process that allows food trucks and food trailers to different location after a four (4) hour time locate for a limited time on public and private period. This time period includes onsite property. Food trucks are defined as a motorized set-up and break -down time. The and operationally self-contained single vehicle applicant agrees to move at least 325 equipped with facilities for cooking and selling feet away or out of sight/view of their food. Food trailers are defined as a mobile food previous location once their initial 4 hour unit designed to be towed on public roads and time period has expired. having an enclosed area for storage, handling or preparation of food. (e) The applicant agrees to not locate on the same side of the street directly in front of (B) Limited Time Permit for Parallel Parking Spaces. an existing restaurant. Food trucks may apply for a permit determined through a lottery drawing by the Planning Division (f) The applicant agrees to only vend to locate for a limited time in a marked or towards the sidewalk side of the street delineated parallel public parking space. and to keep the sidewalk unobstructed to allow for free flow pedestrian movement (1) The Planning Division will conduct a lottery in along the street. November each year for a total of three (3) Limited Time Permits for locating in parallel (g) The applicant agrees to locate on public parking spaces on public roads. If more than property such that they will not cause an nine (9) lottery applications are made unsafe traffic or pedestrian situation. Planning Staff may increase the number of permits issued not to exceed one third (1/3) of (h) The applicant agrees not to set up in a the total number of applications. Instances in parking space adjacent to a parking pay which 1/3 the total number of applications station kiosk. results in a fraction of 0.5 or higher, the number of permits available shall be rounded (i) Food trucks are prohibited from parking up to the next whole number. These permits or vending from angled on -street parking shall be issued on January 1 st and will extend spaces and from public parking lots in the until December 31St. Food trucks may apply Entertainment District or the Downtown and participate in this lottery every year. Business District. Food trucks are prohibited from parking in marked (2) A Limited Time Permit for Parallel Parking parallel parking spaces that are posted Spaces may be approved administratively by reserved for residential use. the Planning Division after making the following determinations: (j) The City reserves the right to limit food trucks from utilizing public parking (a) The applicant has paid an annual $100 spaces during special events such as; permit fee. Food trucks shall pay the parades, Bikes, Blues and BBQ, etc. appropriate fee for the time they are Special event permits may be available located in public parking spaces. The to food trucks for certain events. Contact food truck shall fit entirely within one the City's Parking Division for special marked parallel on -street parking space. event permits. (b) The applicant has provided a valid copy (C) Limited Time Permit on Public Property. Food of the County Health Department permit trucks and food trailers may apply for a permit and proof of remittance of HMR tax to the determined through a lottery drawing by the City of Fayetteville. Planning Division to locate for a limited time on public property excluding on -street marked (c) The applicant has the responsibility to parallel or angled parking spaces. Food trucks and dispose of all wastes in accordance with food trailers with this permit may also vend in City all applicable laws. Food trucks are not Parks with approval by the Parks and Recreation permitted to dispose of their trash in Director. public trash receptacles. (1) The Planning Division will conduct a lottery in November each year for a total of three (3) Limited Time Permits for locating on public District or the Downtown Business property. If more than nine (9) lottery District. Food trucks and food trailers applications are made Planning Staff may are also prohibited from parking in increase the number of permits issued not to marked parking spaces that are posted exceed one third (1/3) of the total number of reserved for residential use. applications. Instances in which 1/3 the total number of applications results in a fraction of (h) The City reserves the right to limit food 0.5 or higher, the number of permits available trucks and food trailers from utilizing shall be rounded up to the next whole public parking spaces during special number. These permits shall be issued on events such as; parades, Bikes, Blues January 1s' and will extend until December and BBQ, etc. Special event permits 31st. Food trucks and food trailers may apply may be available to food trailers for and participate in this lottery every year. certain events. Contact the City's Parking Division for special event (2) A Limited Time Permit on Public Property may permits. be approved administratively by the Planning Division after making the following determinations: (D) Limited Time Permit on Private Property. Food trucks and food trailers may be approved (a) The applicant has paid an annual $100 administratively by the Planning Division for a permit fee. Food trucks and food Limited Time Permit to locate on private property trailers shall fit entirely within no more after meeting the following conditions: than two parking spaces on public property or in a City Park and shall pay (1) The applicant has paid an annual $100 permit the appropriate fee for the time they fee, unless they are also the holder of a public are located in public parking spaces. property lottery permit and they have already paid a $100 permit fee. Permits expire (b) The applicant has provided a valid December 31 si copy of the County Health Department permit and proof of remittance of HMR (2) The applicant has provided a valid copy of the tax to the City of Fayetteville. County Health Department permit and proof of remittance of HMR tax to the City of (c) The applicant has the responsibility to Fayetteville. dispose of all wastes in accordance with all applicable laws. Food trucks (3) The applicant has the responsibility to and food trailers are not permitted to dispose of all wastes in accordance with all dispose of their trash in public trash applicable laws. Food trucks and food trailers receptacles. are not permitted to dispose of their trash in public trash receptacles. (d) The applicant agrees to move to a different location after a four (4) hour (4) The applicant has . agreed to move to a time period. This time period includes different property after a four (4) hour time onsite set-up and break-down time. period. This time period includes any onsite The applicant agrees to move at least set-up or break-down time. 325 feet away or out of sight/view of their previous location once their initial (5) The property is zoned to allow for food and 4 hour time period has expired. beverage uses and the location meets all applicable zoning requirements of the (e) The applicant agrees to locate on underlying zoning district. The property owner public property such that they will not for each location must provide a written cause an unsafe traffic or pedestrian statement giving the food truck or food trailer situation. operator permission to operate on the property. A site plan shall be provided by the (f) The applicant agrees not to set up in a applicant or property owner for each parking space adjacent to a parking proposed site upon which the food truck or pay station kiosk. food trailler would like to temporarily locate. The vendor shall keep these records up to (g) Food trucks and food trailers are date with the Planning Division. prohibited from parking or vending from on-street marked parallel or (6) The applicant agrees to locate on private angled parking spaces and from gated property such that they will not cause an public parking lots in the Entertainment unsafe traffic or pedestrian situation. EXHIBIT A Food Truck and Food Trailer Limited Time Permits This (A) Purp e. This section's purpose is to create a (d) The applicant agrees to mov to a proces allows food trucks and food trailers to different location after a four (4) our time locate fo a limited time on public and private period. This time period incl es onsite property. od trucks are defined as a motorized set-up and break -down time. The and operati ally self-contained single vehicle applicant agrees to mo v at least 325 equipped with facilities for cooking and selling feet away or out of s' ht/view of their food. Food trai rs are defined as a mobile food previous location one their initial 4 hour unit designed to a towed on public roads and time period has exp' ed. having an enclose refor storage, handling or preparation of food. (e) The applicant a ees to not locate on the same side of a street directly in front of (B) Limited Time Permit for rallel Parking Spaces. an existing r staurant. Food trucks may apply fo a permit determined through a lottery drawing by a Planning Division (f) The ap icant agrees to only vend to locate for a limited time in a marked or toward the sidewalk side of the street delineated parallel public parkin space. and keep the sidewalk unobstructed to all for free flow pedestrian movement (1) The Planning Division will con ct a lottery in ng the street. November each year for a tota f three (3) Limited Time Permits for locating in parallel ( The applicant agrees to locate on public parking spaces on public roads. If re than property such that they will not cause an nine (9) lottery applications are made unsafe traffic or pedestrian situation. Planning Staff may increase the num r of permits issued not to exceed one third (1/ of (h) The applicant agrees not to set up in a the total number of applications. Instances ' parking space adjacent to a parking pay which 1/3 the total number of applications station kiosk. results in a fraction of 0.5 or higher, the number of permits available shall be rounded (i) Food trucks are prohibited from parking up to the next whole number. These permits or vending from angled on -street parking shall be issued on January 1st and will extend spaces and from public parking lots in the until December 31St. Food trucks may apply Entertainment District or the Downtown and participate in this lottery every year. Business District. Food trucks are prohibited from parking in marked (2) A Limited Time Permit for Parallel P ing parallel parking spaces that are posted Spaces may be approved administrati ely by reserved for residential use. the Planning Division after ma 'ng the following determinations: The City reserves the right to limit food trucks from utilizing public parking (a) The applicant has paid an annual $100 spaces during special events such as; permit fee. Food truck shall pay the rades, Bikes, Blues and BBQ, etc. appropriate fee for 6 time they are S cial event permits may be available located in public pa ing spaces. The to fo d trucks for certain events. Contact food truck shall fi entirely within one the C s Parking Division for special marked parallel o -street parking space. event p mits. (b) The applicant/�tas provided a valid copy of the CountW Health Department permit (C) Limited Time Permit n Public Property. Food and proof of remittance of HMR tax to the trucks and food trailers ay apply for a permit City of F%etteville. determined through a I ery drawing by the Planning Division to locate r a limited time on (c) The applicant has the responsibility to public property excluding -street marked disfi°ose of all wastes in accordance with parallel or angled parking spaces. ood trucks and alb applicable laws. Food trucks are not food trailers with this permit may al vend in City ,%permitted to dispose of their trash in Parks with approval by the Parks an ecreation public trash receptacles. Director. (1) The Planning Division will conduct a lottery in November each year for a total of three (3) Limited Time Permits for locating on public property. If more than nine (9) lottery applications are made Planning Staff may ncrease the number of permits issued not to e ceed one third (1/3) of the total number of ap 'cations. Instances in which 1/3 the total num r of applications results in a fraction of 0.5 or 'her, the number of permits available shallbe rounded up to the next whole number. ese permits shall be issued on January1St nd will extend until December 31St. Food tru s may apply and participate in this lottery eve ear. (2) A Limited Time Per it on Public Property may be approved adminis atively by the Planning Division after ma 'ng the following determinations: (a) The applicant has pa an annual $100 permit fee. Food tru ks and food trailers shall fit entirely w in no more than two parking spaces on public property or in a City Park an hall pay the appropriate fee for the ti they are located in public parking spa s. (b) The applicant has provided a va copy of the County Health Departmen permit and proof of remittance of HMR tax to the City of Fayetteville. (c) The applicant has the responsibility to dispose of all wastes in accordanc with all applicable laws. Food tru s and food trailers are not permi d to dispose of their trash in publ' trash receptacles. (d) The applicant agrees move to a different location after a four (4) hour time period. This ti period includes onsite set-up an break -down time. The applicant a rees to move at least 325 feet awa or out of sight/view of their previo s location once their initial 4 hour ti period has expired. /(e,pplicant agrees to locate on property such that they will not an unsafe traffic or pedestrian n. plicant agrees not to set up in a g space adjacent to a parking tion kiosk. (g) Food trucks and food trailers are prohibited from parking or vending from on -street marked parallel or angled parking spaces and from gated public parking lots in the Entertainment District or the Downtown Business District. Food trailers are also prohibited from parking in marked parking spaces that are posted reserved for residential use. (h) The City reserves the right to limit f d trucks and food trailers from u ' zing public parking spaces durin pecial events such as; parades, Bi s, Blues and BBQ, etc. Speciale ent permits may be available to f d trailers for certain events. Co act the City's Parking Division or special event permits. (D) Limited Time Perm* on Private Property. Food trucks and food trailers may be approved administratively y the Planning Division for a Limited Time ermit to locate on private property after meeti the following conditions: (1) T applicant has paid an annual $100 permit e, unless they are also the holder of a public property lottery permit and they have already paid a $100 permit fee. Permits expire December 31St (2) The applicant has provided a valid copy of the County Health Department permit and proof of remittance of HMR tax to the City of Fayetteville. (3) The applicant has the responsibility to dispose of all wastes in accordance with all applicable laws. Food trucks and food trailers are not permitted to dispose of their trash in ublic trash receptacles. (4) Th applicant has agreed to move to a diffe nt property after a four (4) hour time period. This time period includes any onsite set-up o break -down time. (5) The propert is zoned to allow for food and beverage us and the location meets all applicable zo ' g requirements of the underlying zoning istrict. The property owner for each location ust provide a written statement giving the od truck or food trailer operator permission operate on the property. A site plan shall a provided by the applicant or property o ner for each proposed site upon which th food truck or food trailler would like to temp rily locate. The vendor shall keep these re" rds up to date with the Planning Division. (6) The applicant agrees to locate on private NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE T**,��S-P-"- EIRSUC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES BEN TON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of. City of Fayetteville - Ord. 5699 Was inserted in the Regular Editions on: July 24, 2014 Publication Charges: $ 64.85 Karen Caler Subscribed and sworn to before me This day of , 2014. Notary Public My Commission Expires:ao, y, CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 * *NOTE* Please do not pay from Affidavit. Invoice will be sent. JUL 25 219 CITY OF FAYEli'f�y�f((�t� CITY CLERK!RA