Alderman Seeks Rules Change for Mobile Vendors

Food Trucks, Snow Cone Stands Limited to 90 Days

Lauren French, left, holds out a Robert Redford pie for Janette Litaker to inspect Friday at Parks Purity Pie Co. at the Yacht Club, a collection of businesses working out of trailers, on North College Avenue in Fayetteville.
Lauren French, left, holds out a Robert Redford pie for Janette Litaker to inspect Friday at Parks Purity Pie Co. at the Yacht Club, a collection of businesses working out of trailers, on North College Avenue in Fayetteville.

— Alderman Matthew Petty wants to see rules for mobile vendors changed as more food trucks, snow cone stands and Airstream trailers open shop in parking lots.

"We have opportunities to grow our business community that are being shut down with the current policy," Petty said Friday.

City code allows mobile vendors to be in one spot for 90 days each year. If they want to extend their stay, an exemption from the Planning Commission is required.

At A Glance

The following businesses obtained mobile vending permits in 2012, excluding fireworks stands and Bikes, Blues & BBQ merchants. Sidewalk vendors and transient merchants receive separate permits under city code.

-Arkansas Helicopters - 3543 N. College Ave.

-Arkansas Helicopters - 4618 N. College Ave.

-Bulldogs Hot Dogs - 216 W. Dickson St.

-Coffee Beans & Dreams - 3075 N. College Ave.

-Flannel Shack - 824 N. College Ave.

-Freebird - 617 N. College Ave.

-Goldfinch Farm - 547 Martin Luther King Jr. Blvd.

-Grey Dog - 617 N. College Ave.

-Hawaiian Brian's - 617 N. College Ave.

-Kind Kitchen - 617 N. College Ave.

-Mason Creek Farm - 224 N. East Ave.

-MGB Photography* - 617 N. College Ave.

-Mountain Crepes - 608 W. Dickson St.

-Nomad's Natural Plate* - 205 W. Dickson St.

-Pigmint Floral & Event Design 617 N. College Ave.

-Pollo a la Parrilla - 750 S. Beechwood Ave.

-Roy Sigears - 2285 Martin Luther King Jr. Blvd.

-Shave the Planet - 3575 Shiloh Drive

-Spirit Zone - 1369 Martin Luther King Jr. Blvd.

-Sturdi's Sho-Nuff BBW - 731 S. Razorback Road

-Tin Man Creative - 617 N. College Ave.

-Tropical Sno - 464 E. Joyce Blvd.

-Tropical Sno - 637 E. Joyce Blvd.

-Tropical Sno - 2818 Martin Luther King Jr. Blvd.

-Tropical Sno - 3065 N. College Ave.

*Exempt from 90-day requirement

Source: City of Fayetteville

The ordinance is intended to promote seasonal vendors or budding entrepreneurs without adversely affecting brick-and-mortar businesses.

Planning staff permitted 18 mobile vendors in 2011 and 28 vendors last year. Those figures do not include fireworks stands and Bikes, Blues & BBQ merchants. Planning commissioners exempted five of the businesses from the 90-day rule.

Shave the Planet flavored ice asked for an exemption in each of the past three years. Commissioners are scheduled to hear a 2013 request today from the company's owners Eric and Katy Siebert. The Sieberts want to stay open - as they did last year - for 180 days in a parking lot off College Avenue and Rolling Hills Drive.

Commissioner Tracy Hoskins, whose wife owns a Maggie Moo's ice cream franchise across the street from Shave the Planet, said fellow commissioners should reject the Sieberts' request.

"They've taken advantage of the mobile vendor ordinance and changed it into a semi-permanent business model," said Hoskins, who plans to abstain from voting.

He argued vendors have an unfair advantage over brick-and-mortar stores. They don't have to meet architectural design standards, and they don't have to add permanent landscaping, provide restrooms or pay for permanent utilities. That allows them to undercut the competition, Hoskins said.

"What does that say to your other businesses?" he asked.

Jonathan Edwards and Chelsea Hermez, who opened Pigmint Floral & Event Design in an Airstream trailer earlier this month, said Friday low overhead was a key part of their decision to locate in the 'Yacht Club on College.' "Isn't that what small businesses are all about," Edwards asked. "You find the business model that works for you."

Hermez said she moved back to Fayetteville from Los Angeles to open the full-service flower shop at College and Trenton avenues.

"We would love to outgrow this space in a couple months," she said. "But right now, we're happy."

Edwards and Hermez rent space at the Yacht Club from parking lot owner Cynthia Morris. Other businesses, including Parks Purity Pie Co. and Now & Then Boutique, have opened in recent weeks.

Jeremy Pate, city Development Services director, said most Yacht Club tenants move on after 90 days. MGB Photography got an exemption to the 90-day rule. Two other businesses that were launched in Airstream trailers - the Grey Dog boutique and Hawaiian Brian's restaurant - moved to permanent storefronts. Grey Dog is north of Sassy's Red House. Hawaiian Brian's has set up shop in the Evelyn Hills Shopping Center.

Petty argued that their examples show mobile vendors can be incubators for brick-and-mortar businesses.

"The notion that these businesses are somehow parasites ... is wrong," Petty said.

He said he has been working with city staff to draft legislation that would allow mobile vendor courts. The courts, like the Yacht Club, would provide a permanent site temporary businesses could cycle through. Petty said the 90-day requirement would remain in effect for most mobile vendors, but could be waived for tenants in mobile vendor courts. In exchange, a parking lot owner would have to make certain improvements to his or her property.

Petty mentioned partial landscaping requirements, such as container plants, in the first year. If a vendor court turns out to be successful, he suggested requiring more permanent additions in subsequent years. Those additions could include new sidewalks, approach ramps in a parking lot and permanent landscaping.

photo

A collection of businesses working out of trailers on North College Avenue in Fayetteville.

Petty said it could be several weeks - or months -before the City Council considers his proposal.

Unless a change is made, planning commissioners will continue to consider requests for exemptions on a case-by-case basis as vendors' 90-day permits expire.

According to current code, exemptions can be made if "the outdoor vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses."

In the case of Shave the Planet, city staff recommended planning commissioners stick to a 90-day permit. If an extension is approved for this year, staff suggested the applicant or parking lot owner plant three trees and add a water source within 100 feet of the trees.

"Should another variance be given in 2014, staff would likely require more extensive improvements typical of a permanent business, such as green space, sidewalk, landscaping and/or other pedestrian improvements," according to a memo from Andrew Garner, senior planner.

The Planning Commission meeting is scheduled to begin at 5:30 p.m. on the second floor of the City Administration Building, 113 W. Mountain St.

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