HomeMy WebLinkAboutCLD-017-16Clarington-
Unfinished Business 13.1
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: May 2, 2016
Report Number: CLD -017-16
Resolution: C— \ AL1— l iP
File Number: P01.GE By-law Number:
Report Subject: Request for Refreshment Vehicle By-law Exemption
Recommendations:
1. That Report CLD -017-16 be received; and
2. That all interested parties listed in Report CLD -017-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report CLD -017-16
In response to a refreshment vehicle application to be located at 1967 Taunton Rd. E., the
applicant was advised that he would require an exemption to the Refreshment Vehicle By-law
to allow refreshment vehicles to locate within 60m of another refreshment vehicle.
As a result of the above, the request was presented to the General Government Committee for
consideration. The Committee referred the matter to Staff for a report on all aspects of the
application and site.
1. Background
1.1. General
At the April 18, 2016 General Government Committee meeting, the Committee
considered the following Resolution #GG -263-16, and referred the matter to Staff for a
report to the May 2, 2016 Council meeting:
Moved by Councillor Cooke, seconded by Councillor Woo
Whereas interest in and use of refreshment vehicles have significantly increased
in Durham Region; and
Whereas the property located at 1967 Taunton has established a niche market
for refreshment vehicles appealing to a wide variety of tastes and interests;
Now therefore be if resolved that an exemption to the provisions of By-law
2004-114 be approved to allow for up to six refreshment vehicles to be located
within 60 meters of each other on the property municipally known as 1967
Taunton Road; and
That Mr. John Cancelliere be advised of Council's decision.
As part of the discussion during the Committee meeting, Committee asked that Staff
look into zoning, precedents, parking, and traffic concerns.
1.2. Requirement for Setbacks
Going back as far as 1976, the former Town of Newcastle passed By-law 76-18 to
regulate refreshment vehicles. An amendment in 1978 included a requirement for 200m
setback from an eating establishment. This was repealed in 1979 and changed to a
60m setback from an eating establishment, which has remained in place until present.
The intent of this separation was to protect the "bricks and mortar" eating
establishments from unfair competition. Refreshment vehicles can offer food and
beverages to customers at a more competitive price as they do not have the same
overhead expenses as a restaurant.
Municipality of Clarington
Report CLD -017-16 Page 3
In 2015, the Refreshment Vehicle and the Zoning By-laws were amended and an
amendment to refine the 60m setback was included. Essentially, the amendments
eliminated the 60m setback between refreshment vehicles on a property but retained the
60m setback from an eating establishment. As well, the amendments provided for an
exemption from the 60m setback on a single property, provided it was for a special event
and no longer than 4 days. The most significant change was the shift to regulating
refreshment vehicles as a land use in appropriate locations, and was detailed in Report
PSD -042-15 as follows:
A list of licensed Refreshment Vehicles was provided by the Clerks Department.
The locations were reviewed to determine appropriate locations to permit the use
as of right. It is proposed to add stationary refreshment vehicles as a permitted
use to the following zone categories: Hamlet Commercial (C3), Special Purpose
Commercial (C4), and Service Station Commercial (C6). It is proposed to
recognize existing stationary refreshment vehicles located in other zone
categories.
The General Provisions will also restrict the location of refreshment vehicles to a
parking area.
It is assumed that refreshment carts will operate on municipal boulevards, which
are not subject to the Zoning By-law. A General Provision is proposed which
would permit mobile refreshment vehicles'and refreshment carts to operate in
association with a special event.
1.3. History of the Site
Between 2012 and 2015:
2012 - Down Home Newfie Fries was licensed.
• 2013 - Down Home Newfie Fries and Mexicano Mobile Kitchen were licensed.
• 2014 - Down Home Newfie Fries and Mexicano Mobile Kitchen were licensed.
• 2015 - Flaming Fries, Mexicano Mobile Kitchen, and Opa'z were licensed.
Despite the Refreshment Vehicle By-law setback requirements, multiple food trucks had
been traditionally permitted on this site as it was deemed that the intent of the by-law
was not being compromised.
Mr. Tarr obtained permission from the property owner and invested funds to extend
hydro to his vehicle before applying for his license.
Mr. Tarr submitted a new Stationary Refreshment Vehicle Permit Application, for the
"Noodle Truck", on March 29, 2016 to be located at 1967 Taunton Rd. E., Hampton.
See Attachment 1 showing an aerial view of the subject property. The Noodle Truck
had not been licensed in Clarington before.
Municipality of Clarington
Report CLD -017-16
# — M
The application was complete except for the corporate information, which was received
on April 7, 2016. Municipal Law Enforcement staff reviewed the application and
declined it, at which time staff advised the applicant that there were too many vehicles
on site. Staff noted, in the file, that the owner would be asking Council to amend the
Refreshment Vehicle by-law.
The decision to decline was based on the new definition of an eating establishment, which
was amended by Zoning By-law amending By-law 2015-062. Staff denied the application
based on the interpretation of the new Zoning By-law definition of an "eating
establishment" adopted by By-law 2015-062, which staff interpreted to include a
refreshment vehicle therefore triggering the 60m distance requirement of the
Refreshment Vehicle By-law. (See Attachment 2 listing other related definitions.)
Based on the above interpretation, the property owner, John Cancelliere, approached
the Municipal Law Enforcement Division to inquire about the possibility of legalizing the
operation for up to six refreshment vehicles on site.
Between April 19-21, 2016, Staff received this year's applications from the same three
refreshment vehicles licensed last year, all of which were incomplete upon receipt. Staff
have been working with the applicants to ensure that they have all of the necessary
supporting documents to constitute a complete application.
While investigating the matter for this Report, Staff have been advised by the property
owner that he has ordered that all the food trucks on his property cease operation until
Council has made their decision. Additionally, the owner advised that he is planning to
have six refreshment vehicles plus a refreshment stand selling ice cream known as the
Cone Zone (Attachment 3 is the site drawing).
2. Discussion
2.1. Requirements for Refreshment Vehicles
In answer to the questions raised during the Committee discussion, regarding licensing
requirements, Section 2.4 of By-law 2015-016 sets out the following requirements for a
stationary refreshment vehicle license application:
(a) proof of inspection and approval from the Clarington Emergency and Fire
Services Department for a fixed fire suppression system, if any;
(b) in the case of a new applicant, the Technical Standards and Safety Authority
Initial Vehicle Inspection Report;
(c) where there are cooking appliances that produce grease laden vapour,
verification that the vehicle is protected by an approved fixed fire protection
system;
(d) where the applicant is not the owner of the land where the stationary
refreshment vehicle will be located, written permission signed by the owner
of the property where the stationary vehicle will be located;
Municipality of Clarington
Report CLD -017-16 Paae 5
(e) proof from the Planning Services Department that the placement of the
vehicle on the proposed property is an approved ancillary use on the land;
and
(f) a site location drawing, drawn to scale, showing,
(i) the proposed primary location of the stationary refreshment vehicle;
(ii) parking facilities for the business; and
(iii) the distance between the proposed location and all property lines.
All of the above noted requirements must be met prior to a license being issued.
2.2. Zoning
Zoning regulations were introduced for refreshment vehicles as part of a General
Amendment to Zoning By-law 84-63, as By-law 2015-062, approved by Council on
September 21, 2015. They were formulated to acknowledge Report CLD -002-15, which
revised the Refreshment Vehicle By-law and provided direction for staff to initiate a
zoning by-law amendment to identify refreshment vehicles as a land use and identify
appropriate locations for that use.
All licensed stationary refreshment vehicle locations were reviewed to determine
appropriate zones to permit that use. It was recommended that certain commercial
zones located within hamlets, rural areas, and along Highway 115/35 are best suited to
serve more remote seasonal locations including this location on Taunton.
The property is Zoned Service Station Commercial Exception (C6-1). This zone permits,
in addition to the other permitted uses, a stationary refreshment vehicle (added by by-
law 2015-062) and an eating establishment. Before the by-law was amended in 2015,
refreshment vehicles were allowed on properties that permitted an eating establishment
and therefore the previous licenses granted on this property were allowed since they
complied with the zoning.
Under the Zoning By-law, words that are singular also mean plural and vice versa.
Therefore, multiple eating establishments and multiple Stationary Refreshment Vehicles
(SRV) are permitted. To limit the number of SRVs, there would have to be a specific
performance standard (e.g. Only 3 SRVs are permitted).
As part of the inquiry to examine the land use permissions on the property, the issue of
the refreshment stand being used to sell ice cream (known as the "Cone Zone"), was
brought to Staff's attention (see Attachment 4, a photo showing the "Cone Zone"). This
establishment is difficult to classify under the Zoning By-law, given the type of
construction, the type of plumbing and the seasonal nature of its operation. It has more
in common with a refreshment vehicle than what one would contemplate as a restaurant
or eating establishment. Planning staff will be clarifying this matter further in future
updates to the zoning by-law.
Municipality of Clarington
Report CLD -017-16 Paae 6
2.3. Previous Precedents and Setting New Precedents
The discussion at Committee also referenced the 2014 exemption to By-law
2004-114, for Hanc's located at 181 King Street East, Bowmanville. This is the only
other licensed "food truck cluster" in Clarington. That situation involved both
refreshment vehicles being owned by the same person.
Although By-law 2004-114 was repealed in 2015 and since By-law 2015-016 does not
contain a setback exemption for 181 King Street East, Hanc's has continued to be
licensed as a legal non -conforming use under the previous by-law.
Similarly, all the refreshment vehicles located at 1967 Taunton have agreed to locate on
the same site to create a "food truck cluster", therefore competition is not a concern.
Collectively, the requirements set out in the Zoning and Refreshment Vehicle by-laws
protect against any concern for setting a precedent.
2.4. Parking, Traffic & Safety
Clerk's staff consulted with Engineering Services staff to discuss whether there were
any traffic issues as the Committee was concerned. Since the property fronts onto
Taunton Road, which is a Regional Road, there are no particular traffic concerns
expressed by Clarington Staff. During the course of licensing refreshment vehicles,
Clarington does not require input from the Region of Durham (other than from the
Health Department). It is important to note that, if this had been a change in use, or a
site plan was required for any reason, the Region of Durham would been asked to
comment on the application. In this case, there is no change to the use.
Given the recent area traffic concerns, Planning Staff contacted the Region of Durham
to inquire about any traffic concerns. Regional staff have noted the following concerns:
• The existing access to 1967 and 1975 Taunton Road is a concern to the Region,
with increasing traffic volumes visiting the site, as there is no clear delineation of
ingress/egress for each property.
Of particular concern is the location of the hydro pole, which presents a safety
hazard as it is exposed to traffic.
The Region recommends that a single, well -delineated access be provided for each
property, designed to Regional commercial entrance standards. Each entrance could
be 9m wide, and the exact location for each can be determined later. Once the
entrance locations and configurations are determined, the Region can issue an
entrance permit for each access.
Staff have consulted with the Director of Emergency Services and have concluded that,
as long as certain safety measures have been put in place (i.e. licensing requirements,
a site plan outlining storage, parking, and traffic management plans), then there are no
safety concerns with refreshment vehicles locating within 60m of each other.
Municipality of Clarington
Report CLD -017-16 Page 7
3.1. Exemption of Other Refreshment Vehicles from Setback
The original intention of the "setback from an eating establishment" has always been to
protect the "bricks and mortar" eating establishments. In this particular situation, the
property owner, by virtue of granting the refreshment vehicle owners permission to
locate on his property, is essentially waiving any claim against the 60m setback from the
eating establishment. No complaints have been received since 2012 regarding
refreshment vehicles located on this property. Staff are therefore prepared to issue the
refreshment vehicle licences provided that the property owner is willing to work with
staff to ensure that the site layout issues, including the regional entrances, are
addressed through a site plan application under the Planning Act. Staff would treat this
as any other municipal law enforcement issue that allows time for the property owner to
bring the matter into compliance. Immediate safety issues, like the utility pole within the
undefined entrance, would need to be addressed immediately. Other issues would be
addressed through the process. The landowner has indicated a willingness to work with
the Municipality to address these issues as soon as possible.
3.2. Going Forward
During this review, Staff have concluded that there is a need to create a "Food Truck"
brochure to be included with every refreshment vehicle application, and to be placed on
the Clarington website. The purpose of the brochure is to provide easy to understand
information regarding refreshment vehicle regulations (including parking requirements,
traffic considerations, setbacks and details on where the setback measurement takes
place), as they pertain to the "food truck cluster" phenomenon. Municipal Law
Enforcement Staff will work with the Communications Division to develop the brochure.
Additionally, Staff will be reviewing the regulation of "food truck clusters" with a view to
public safety, including, but not limited to: a requirement to have a review process that
includes a review of the site; photo of refreshment vehicle; and an inspection by a
Municipal Law Enforcement Officer. This may also include a requirement for a Site Plan
application process.
4. Concurrence
This report has been reviewed by Tony Cannella, Director of Engineering Services;
David Crome, Director of Planning; Mark Berney, Deputy Chief, on behalf of Gord Weir,
Director of Emergency & Fire Services, who concur with the recommendations.
Municipality of Clarington
Report CLD -017-16
" 1
There is no doubt that this is a rather complex issue given the location of the subject
property, zoning, and the setback provisions of the Refreshment Vehicle By-law. Given
that there have not been any complaints received concerning the refreshment vehicles
on this property and the intent of the by-laws not being compromised, Planning staff will
continue to work with the property owner to bring the property into compliance such that
such that traffic and safety issues are addressed and Clerk's staff will work with the
refreshment vehicle licence applicants to process the applications and issue their 2016
licences.
It is respectfully recommended that Council receive this report for information.
6. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Ann e Greentree Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or
jgallagher@clarington.net
Attachments:
Attachment 1 — Aerial photo of subject property
Attachment 2 — Definitions
Attachment 3 — Site Drawing submitted by property owner
Attachment 4 — Photos of the "Cone Zone"
The following is a list of the interested parties to be notified of Council's decision:
Jan Burton & Katrina Santi, Owners of Flaming Fries
John Cancelliere, Owner of 1967 Taunton Rd., Hampton
Debbie Clarke, Owner of Opa'z
Mario Polanco, Owner of Mexicano Mobile Kitchen
Christopher Tarr, Owner of the Noodle Truck
vw Taunton Road
0
ry
cu
0
CU
half
7F)
U)
vw Taunton Road
0
ry
Municipality of Clarington
Attachment 2 to
Report CLD -017-16
Definitions Related to -Refreshment Vehicle Licensing
In order to better understand the matter, it is helpful to review the following definitions, from
By-law 2015-016:
"eating establishment" —has the same meaning as an eating establishment or
restaurant as defined in the current Municipality of Clarington Zoning By-laws. (Note:
The definition of eating establishment has deferred to the Zoning By-law since 2004.)
The following definitions are from the Zoning By-law (as amended by By-law 2015-062):
Eating Establishment - Shall mean an establishment where prepared food and
beverages are offered for sale to customers.
Eating Establishment, Take -Out - Shall mean an eating establishment where
tables and/or counters for the use of customers are not provided.
Establishment - Shall mean a building, structure and/or area of land within or on
which any activity referred to in this By-law is conducted.
"mobile refreshment vehicle" means a vehicle designed and intended to move from
one location to another on a regular basis and on short notice and may include facilities
for cooking;
"refreshment cart" means any non -motorized vehicle used exclusively for the sale of
prepackaged foods and does not include facilities for cooking;
"refreshment vehicle" means a refreshment cart, mobile refreshment vehicle or
stationary refreshment vehicle;
"stationary refreshment vehicle" means a vehicle which,
(a) may contain cooking facilities;
(b) must be parked or placed in a specific location in order to operate; and
(c) although it may be moved at the end of the work day, or to various
different locations on a daily basis, it cannot close down and relocate on
short notice.
"vehicle" shall have the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.
H. 8.
I F-
The Cone Zone
Choose Iron...
'ROSIda'oma' Sugar co nes, 1
j Sundaes: S
61 CliKNate, strawberry A Caranm
LqI ssea, seer"*ea. Paswlw peer tt►► i l_' l 1 1' I
bastes bomb L Raw 1 L l L
I
i
I
coo
r
WARNING
I t
4,011 �.. 6 ,ear • i � L�r:'anr, �', l 4
r _}►
Ar R -too,' is
:i
c