Shave the Planet Gets Exemption

Mobile Snow Cone Vendor Can Operate For 180 Days

Tuesday, February 26, 2013

— A snow cone stand can operate for 180 days this year on a parking lot near College Avenue and Rollings Hills Drive. In order to do so, the business owner or parking lot owner must plant two trees on the property.

Planning commissioners voted 6-2 Monday to exempt Shave the Planet flavored ice from the city’s outdoor vendors ordinance. The commission has granted three exemptions for Shave the Planet in the past three years.

At A Glance

Planning Commission

Also on Monday, planning commissioners:

-Made an exception to the city’s access management ordinance, allowing a right-out exit at a planned Legacy National Bank building at 1325 E. Joyce Blvd.

-Granted a floodplain variance for Fiat of Fayetteville, 1253 W. Showroom Drive

-Permitted a paper recycling business in a portion of the former Hanna Candles warehouse at 1421 E. 15th St.

-Elected Craig Honchell as commission chairman; Kyle Cook as vice chairman; and Sarah Bunch as secretary. The changes will take effect at the commission’s first meeting in April

Source: Staff Report

City code normally allows mobile vendors, such as food trucks and snow cone stands, to operate in one location for up to 90 days each year. After that, the business must either move a half-mile away or seek a variance from the Planning Commission.

A variance to the 90-day rule can be granted 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,” according to city code.

Commissioner William Chesser said Monday the snow cone stand, located less than 500 feet from a Maggie Moo’s ice cream franchise, does not have an “unfair advantage” over the business across the street that also sells frozen treats.

Commissioner Porter Winston said, because Shave the Planet offers ice cream and sherbet mixed with shaved ice, the company does have an unfair advantage.

The Maggie Moo’s store is owned by Celeste Hoskins, wife of planning commissioner Tracy Hoskins. Tracy Hoskins recused himself from Monday’s discussion and did not vote on the issue.

He has said previously that mobile vendors who seek variances year after year should be subject to the same development standards that brick-and-mortar businesses face. Mobile vendors do not have to meet architectural design standards, and they don’t have to add permanent landscaping, provide restrooms or install permanent utilities.

Parking lot owner Ben Israel called the outdoor vendors ordinance ridiculous Monday.

“Here we have a governmental body that’s trying to determine somebody’s competition,” Israel said. “That doesn’t really make sense to me.”

Israel said he could comply with the tree-planting requirement, but he said the cost of the trees will have to be borne by Shave the Planet owners Eric and Katy Siebert.

Eric Siebert said following Monday’s meeting he plans to open for business around spring break. He said moving his portable snow cone stand to a new location after 90 days would make it “hard on customers to find us.”

The Hoskinses can appeal the Planning Commission’s decision to the City Council.

Ward 2 Alderman Matthew Petty has suggested changes to the outdoor vendors ordinance, but it could be weeks or months before any changes are made.

Commissioners Chesser, Blake Pennington, Kyle Cook, Sarah Bunch, Ryan Noble and Matthew Cabe voted in favor of Monday’s exemption for Shave the Planet. Commissioners Winston and Craig Honchell opposed the action.