Mobile Food Vending within VDOT Right-of-Way Board Transportation Committee May 24, 2016

1. County of Fairfax, Virginia
Department of Transportation
Mobile Food Vending
within VDOT Right-of-Way
Board Transportation Committee
May 24, 2016
Neil Freschman, FCDOT
Laura Gori, OCA
Cathy Belgin, DPZ
Emilie Shumate, FCPA
Henri Stein McCartney, DCCS

2. County of Fairfax, Virginia
Department of Transportation
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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.

3. County of Fairfax, Virginia
Department of Transportation
3
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.

4. County of Fairfax, Virginia
Department of Transportation
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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).

5. County of Fairfax, Virginia
Department of Transportation
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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.

6. County of Fairfax, Virginia
Department of Transportation
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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.

7. County of Fairfax, Virginia
Department of Transportation
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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.

8. County of Fairfax, Virginia
Department of Transportation
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Proposed County Ordinance
Mobile 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.

9. County of Fairfax, Virginia
Department of Transportation
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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.

10. County of Fairfax, Virginia
Department of Transportation
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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.

11. County of Fairfax, Virginia
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.
Department of Transportation
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12. County of Fairfax, Virginia
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.
Department of Transportation
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13. County of Fairfax, Virginia
Department of Transportation
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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.

14. County of Fairfax, Virginia
• 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.
Department of Transportation
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Food Truck Parking Zones

15. County of Fairfax, Virginia
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.
Department of Transportation
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16. County of Fairfax, Virginia
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).
Department of Transportation
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17. County of Fairfax, Virginia
• 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.
Department of Transportation
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Tysons Zone

18. County of Fairfax, Virginia
• Roadways in Tysons that meet the mobile food vending zone
requirements:
1. Boone Boulevard
2. Howard Avenue
3. Pinnacle Drive
4. Solutions Drive
5. Watson Street
• Preliminary efforts have begun to identify potential mobile
food vending zones throughout the county.
Department of Transportation
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Tysons Zone

19. County of Fairfax, Virginia
Department of Transportation
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20. County of Fairfax, Virginia
Department of Transportation
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21. County of Fairfax, Virginia
Department of Transportation
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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.

22. County of Fairfax, Virginia
Department of Transportation
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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

23. County of Fairfax, Virginia
Department of Transportation
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Discussion