mobile food vending within vdot right-of-way: board transportation committee may 24, 2016

County of Fairfax, Virginia

Department of Transportation

Mobile Food Vendingwithin VDOT Right-of-Way

Board Transportation CommitteeMay 24, 2016

Neil Freschman, FCDOTLaura Gori, OCA

Cathy Belgin, DPZEmilie Shumate, FCPA

Henri Stein McCartney, DCCS


Department of Transportation 2

Background• Providing update on this initiative. This topic was reviewed

with Board Transportation Committee in February. • The purpose of this initiative is to allow mobile food vending

within VDOT right-of-way.

•County already allows mobile food vending on private parcels for food truck operators and property owners that have the required permits.



Background• VDOT has developed requirements

for both the County and mobile food vendors to secure permission to vend within the right-of-way.

• Until recently, all vending was prohibited on VDOT right-of-way.

• In July 2015, Commonwealth Transportation Board approved a resolution allowing mobile food vending under certain conditions.



Background• In September 2015, Fairfax County

staff met with representatives of food truck vendors to discuss mobile food vending.

• In October 2015, VDOT released draft Land Use Permit application for mobile food vending within the right-of-way. County would need this permit.

• County staff is currently developing ordinance revisions to allow mobile food vending within the right-of-way (Ongoing).



VDOT Requirements• Locality required to obtain a land use permit (LUP) to allow

operation in the right-of-way.• LUP valid for 1 year. $100 fee.• Locality to take action to recover expenses incurred by VDOT

as a result of violation by a mobile food vendor. • VDOT not liable for damage resulting from mobile food

vending.• VDOT can suspend mobile food vending operations on state

maintained right-of-way in response to public safety or operational concerns.



VDOT Requirements• Mobile food vending restricted to

non-limited access highways with speed limit of 35 mph or less.

• Vending only from a marked or signed parking space.

• Must be adjacent to 5 foot (min.) sidewalk or a level passable surface of 6 feet (min.)

• Vending only to pedestrians on the sidewalk side of the mobile food vending unit.



VDOT Requirements• Mobile food vendors to secure and maintain liability insurance

up to $1 Million per occurrence.• Mobile food vending cannot conflict with construction,

maintenance or operation of the highway.



Proposed County OrdinanceMobile Food Vending Permit would be required to vend from the right-of-way. Permit would include all VDOT requirements plus additional elements:•Food Establishment Permit for Mobile Food Vending would be required.•Compliance with all Health Department and Department of Cable and Consumer Services permits, licenses and regulations.•Maximum four hours on any given day at any one location.•Vending allowed 7 a.m. to 10 p.m. only. •9 a.m. start time on Sundays or federal holidays.



Proposed County Ordinance

• Vicinity around mobile food vending vehicle kept clear of trash and debris. Mobile food vendors must provide a trash receptacle.

• Mobile food vending permitted only within areas zoned for commercial or industrial use or in any planned zoning district allowing for mixed use.

• Mobile food vending not allowed within residential neighborhood or within 500 feet of any residentially zoned area.



Proposed County Ordinance• No loudspeaker or other amplification device would be permitted.• No advertisements or signs within the right-of-way.• County has the right to set additional holiday restrictions.

• Allowance for permit suspension, revocation and appeals.

• Health Department would primarily be responsible for enforcement.

• Police Department would enforce against food trucks operating without a permit or from unauthorized locations.


Coordination with Existing Food Truck Permits

• Before vending in Fairfax County, food truck businesses must first obtain a business license, Health Department Permit and solicitors license.

• The new Food Establishment Permit for Mobile Food Vending would allow food vending within the VDOT Right-of-Way.

• Food truck businesses will apply to the Health Department for this new permit.



Community Outreach• The Chairman’s office has been in contact with the

Restaurant Association, the Food Truck Association and other groups.

• Received comments from DMV Food Truck Association on May 17, 2016.




Food Truck Parking Zones

• Specific “zones” for mobile food vending may be authorized. Once authorized, Mobile Food Vendors can only operate within these zones. Likely that zones will be needed.

• County staff has developed several ideas for setting up the zones which we can talk about next.

• Permit will allow mobile food vendor access to all approved zones.


• Zones will not be restricted to food trucks only.

• Zones will be indicated with signage.• VDOT permit will be required to install

appropriate signage.• Signage must be removed if operations are

suspended or terminated within a zone.• Staffing implications for establishing and

signing the zones have not yet been determined.


Food Truck Parking Zones


Mechanism for Approving Mobile Food Vending Zones

• Three possible options being considered:1. Public Hearing Process. Board of Supervisors would

approve the roadway segments in each zone (similar to Residential Permit Parking Districts). County Executive could suspend operations within zones in the interests of public heath, safety, or welfare.

2. Hybrid Process. BOS would approve areas of the county for mobile food vending zones. The County Executive would be authorized to add or remove specific roadway segments to each zone according to specific criteria approved by the Board.



Mechanism for Approving Mobile Food Vending Zones

• Three possible options being considered:3. Administrative Process. BOS would authorize the

County Executive to develop the vending zones according to specific criteria approved by the Board. The Board would also establish a process for the County Executive to address the request for addition and removal of any street(s).



• DMV Food Truck Association provided suggestions for vending locations in Tysons.

• Some roads on that list did not meet the requirements. No on-street parking for example.


Tysons Zone


• Roadways in Tysons that meet the mobile food vending zone requirements:1. Boone Boulevard2. Howard Avenue3. Pinnacle Drive4. Solutions Drive5. Watson Street

• Preliminary efforts have begun to identify potential mobile food vending zones throughout the county.


Tysons Zone



Next Steps• Board discussion and direction on approach for approving mobile

food vending zones.• Develop and approve ordinance revisions.• Develop and approve appropriate procedures for Food

Establishment Permit for Mobile Food Vending and establishing zones.

• Establishment of parking zones through approved mechanism.• Order and install signage.• Revisions to the zones and roadway segments will be ongoing.



Timeline• Board direction• Ordinance approval and set initial zones (6 Months)• Application and approval of parking permits (6 Months)• Order and install signs (3-6 Months)• Future zone approvals and revisions



Discussion

mobile food vending within vdot right-of-way: board transportation committee may 24, 2016

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