Title
Conduct a public hearing and consider adopting Ordinance 3848 to amend the Comprehensive Zoning Ordinance by amending Article 2, Section 2.4, Use Table to add Mobile Food Unit as permitted in specified districts; amending Article 5 by adding Section 5.8 Mobile Food Unit Overlay Districts, and by amending Article 7, Section 7.3, by deleting the definition for Mobile Food Preparation Vehicle and adding a definition for Mobile Food Unit; and take appropriate action.
Body
BACKGROUND:
The proposed amendments to the Comprehensive Zoning Ordinance (CZO) are a City-led initiative due to the recently approved House Bill (HB) 2878 enacted by the Texas State Legislature in September 2023. HB 2878 mandates that health permitting and mobile food unit inspections be under Dallas County's jurisdiction rather than individual municipalities. The primary objective of this State legislative measure was to reduce the number of "health permits" required for such mobile food units. On October 10, 2023, the City Council approved amendments to the City's Code of Ordinances under Chapter 26 to align with the provisions of HB 2878. These amendments involved the removal of specific definitions and language referring to health-related permitting and health inspection requirements to comply with the State's decision.
Although the CZO includes a definition of a mobile food preparation vehicle, this term is not classified in the Use Table under Article 2, Section 2.4. As a result, the regulatory framework currently in place technically prohibits food trucks from operating in all zoning districts. Since mobile food trucks are no longer regulated under Chapter 26, staff has identified a need to revise
the CZO and introduce specific guidelines to govern this particular use.
The significance of mobile food vendors in public and private events prompted an in-depth examination by staff and a review of other municipalities in our area. Based on feedback from the Planning & Zoning Commission (P&Z) and City Council, four new overlay districts are proposed, as well as new development standards and a new definition for mobile food units. In addition, the required public hearing notice was published in the Dallas Morning News on February 2, 2024. The intent is to establish a regulatory framework that accommodates mobile food vendors' operational needs and aligns with our City's goals.
FISCAL IMPACT:
No Financial Impact
DISTRICT:
All
RECOMMENDATION:
On January 22, 2024, the Planning & Zoning Commission recommended approval of this request by a unanimous vote.
POSSIBLE COUCIL ACTION:
1. I move to approve Ordinance No. 3848 as presented.
2. I move to approve Ordinance No. 3848, with modifications.
3. I move to deny Ordinance No. 3848.
4. I move to table the issue for further study or take no action.
ATTACHMENT(S):
1. Information Memorandum
2. Ordinance No. 3848
3. Proposed Mobile Food Unit Overlay Map
4. Additional Documents and Letters of Support
5. Presentation