By Pepper Parr
December 7, 2015
BURLINGTON, ON
Expect to see Food Trucks operating in the city next year.
A city Standing Committee will debate the two options that will be before Council this evening. The different vested interests will be there with their arguments – might be an awkward meeting for the Burlington Downtown Buisiness Association (BDBA) – they will want to support the restaurant association but at the same time look at the Food Trucks as a possible addition to their membership.
TEN Food Trucks set up shop at LaSalle |Park last year for the Joseph Brant event.
Food Trucks were a large part of the Joseph Brant Day last year – there was a whole row of them with offerings seldom seen in this city.
The options:
Option 1
Maintain the status quo and continue using the Transient Trader Licence and the Zoning by-law to regulate food trucks.
Option 2
Approve an amendment to the Business License By-law 42-2008, to expand the use of food trucks into commercial, industrial and employment zones only, onto school board property, places of worship, vacant property and park property. All approvals will be subject to property owner’s permissions i.e. school boards, property owner of places of worship locations and the Parks and Recreation department (outside of the special events umbrella).
Staff is recommending the second option.
The success of some events in Burlington like the Curb Your Appetite food truck festival, benefitting Food 4 Life, indicates there is a desire among Burlington residents to take part in the food truck phenomenon in their city.
The Food Truck operators have been at the city since May 2012 inquiring about opportunities to operate in the city. Staff from across the corporation have been working with stakeholders to brainstorm solutions to accommodate these requests.
Location and operating requirements are the most complex issue. There are two components to a food truck’s location: whether it is for fixed or mobile, and whether it is operating on public or private property. Zoning approval is also generally a condition of location approval. Food trucks are generally permitted in commercial or industrial zones, and are often subject to additional restrictions if they intend to operate in a BIA. Some cities have further restricted the food truck through the zoning by-law. For example, in Waterloo, food trucks are only permitted to operate in zones which have “restaurant (take out)” as a permitted use. Food trucks are generally not permitted in residential zones, although there are some exceptions to this in some municipalities.
The Staff report is recommending an amendment to the Business Licence By-law 42-2008 that will focus only on private and public property such as parks and school board property. The expansion of food trucks onto roads and streets with specific rules and regulations will be part of a report to the Development and Infrastructrure Committee in the second quarter of 2016.
There has been a lot of public consultation including a Burlington Downtown Meeting on Food Trucks and Food Truck Policy Review initiated by the BDBA.
What was learned?
Downtown area: Yes to food trucks, but with setbacks from restaurants;
Public roadways: Not a desirable option-but perhaps for street parties when the road is closed;
Use of Parking Metres: 3 hour limit on arterial roads;
Parks/public property: Yes to food trucks, outside of the special events approval process;
Setback: minimum setbacks from restaurants; Private property: Industrial and Commercial only; Hours of operation: 3 -4 hour limits;
Limit the number of food truck licences issued: 1-3 food trucks permitted on any given street;
Zoning restriction: Commercial and Industrial, residentially zoned schools and places of worship.
The city did a public opinion survey – they didn’t say how many people responded but the results are interesting. IF YOU CLICK ON THE IMAGE YOU SHOULD BE ABLE TO SEE A LARGER VERSION.
Burlington Restaurant Association doesn’t want food trucks on public property except for City Events and Festivals (Special Events) They want to see a licence fee of $750.00 and Private Property food truck licence only to be issued if the proposed event is more than 100 metres from a “bricks and mortar” restaurant.
Burlington Downtown Business Association took the following position; Food truck as “Guest promotions” on private property on an occasional basis. Will not support Food Trucks on downtown streets. Any more than that, Food Trucks would be considered unfair competition.
The Ontario Restaurant Hotel and Motel Association (ORHMA) believe that regulations for food trucks are necessary for the safe and fair operation of any food establishment and want to see regulations for food trucks on both private and public property are necessary Food Trucks at Special Events and festivals only
When this many people line up for a lunch you know there is a market – expect city council to approve Food Trucks – where and how often will be the issue.
Gayle Kabbash-Cruikshank, a Food Truck Event Coordinator said the food truck events bring neighbours together and raise much needed funds for charity;
Part of Burlington’s strategic plan ‘Vibrant neighbourhoods’ people engaging with each other. Schools are an ideal setting as they are in residential areas so would promote the walking and biking aspect.
Downtown is another area that would be ideal as the food trucks would bring crowds to boost the downtown economy.
In the short term City of Burlington staff has been able to work within two processes to accommodate the need and demand for food trucks through the Transient trader licence and Special Event Team (SET) process.
Transient trader licences can be issued for a variety of time periods, from one (1) day to one (1) year, at different rates, which require the following conditions to be met:
• Property owner’s permission.
• Halton Region Health Department approvals.
• Zoning clearance
Under the current zoning by-law 2020, a Transient Trader/Food truck would only be permitted on lands that allow any type of restaurant use and are only permitted on lands with a principal building-not a vacant lot.
For example, if a local business were to have an ‘event’ and wanted a food truck for one day – they would obtain a Transient Trader Business Licence which will also require zoning clearance and property owner’s permission along with other items in order to submit for a business license. They also must apply to the Halton Region Health Dept for their approvals.
The very nature of the food truck business means that they travel around the province looking for events in which they can set up and sell their gourmet food to the general public, usually for just one day. The longer period transient trader licence would still require zoning clearance and the property owner’s permission for any new locations proposed. This information would all have to be provided at the time of application.
Currently, all festivals and events in Burlington occurring on municipal property are subject to review and compliance by an interoperational team of City and Region staff, the Special Event Team or S.E.T. Parks & Recreation staff is assigned to each event and present the event application to SET for their public safety and regulatory review. Parks & Recreation staff works through the event management process with permits issued once all conditions have been met.
After numerous requests and applications that were not approved because of the zoning restrictions, staff realized it was time to look at allowing food trucks into areas that have thus far been prohibited.
Examples of requests for the use of food trucks that were not approved have included:
1. School board property- zoning restrictions would not permit the use of food trucks (zoned residential for the most part);
2. Places of worship- zoning restrictions would not permit the use of food trucks (zoned residential for the most part);
3. Park property –unless under Special Event Team (S.E.T.) approval;
4. Roadways –not permitted;
5. Vacant lots – not permitted.
The Proposed Amendment to Business Licence will permt Food Trucks on private property in commercial, industrial and employment zones. Food trucks will be permitted in parks, (subject to approval from the parks and recreation team, who have their own set of regulations and will also determine which parks are capable of hosting a food truck event), on school board properties, places of worship properties and vacant lands in commercial, industrial and employment zones only.
No food truck will be permitted to operate within 50 metres of a restaurant or within 50 metres of a licenced hot dog cart.
The Food Truck set up in a parking lot was a great fund raiser for the United Way a few years ago – one vendor was sold out in less than half an hour
Fees from the Food Truck operators are not going to result in a reduction of the tax rate. In a review of the fees for a food truck licence in surrounding municipalities, it appears that Burlington is on the lower end of fees. A modest increase is justified to offset the increase in administration and enforcement costs. The recommended increase is as follows; 1 to 3 days $85 per day; monthly $350; three months $700; annual $1300.
There seems to be an agreed upon time of a four hour time limit for a food truck event, whether it is on park property or private property.
Revenue from 2011 to October 2015 amounted to $15,850.
One can just imagine the lobbying that has been done on the members of Council – they are the people that are going to have to decide this one – and this council doesn’t like having to make tough decisions. Let’s see what happens Monday evening.
