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Ernie Padilla stands in front of The Wiggly Pig food truck in this archive photo. The proposed ordinance would allow food trucks to set up in the Cortez Central Business District. (Journal File)
The plan requires permission for a 90-day stay; Special events are also allowed
The city of Cortez is considering new regulations in its land use code to allow mobile food trucks in the central business district.
Food trucks are generally allowed in all zoning districts of the city except the Central Business District.
The downtown district includes an eight-block area bounded by North Street on the north, First Street on the south, Harrison Street on the east, and Linden Street on the west.
City Council heard the first reading of a bill to expand the use of food trucks downtown at its regular meeting on Oct. 11.
Amends the land use code to allow food trucks to park on public or private property in the central business district for up to 90 days in one location with a conditional use permit.
The code change would allow food trucks to operate in the Central Business District during permitted temporary special events, such as the Cortez Farmers Market.
City officials say long-term conditional-use permits in the city take into account the impact on neighboring businesses.
Permit applications go through a Planning Department review, neighbors are notified, and public hearings are held before the City Council.
The proposed ordinance would allow food truck vendors in the Central Business District only in permitted locations and never in state or public rights-of-way, unless closed for authorized special events.
Interest in allowing food trucks at farmers markets has increased. Food trucks are not allowed at the market because the site next to the county administration building is in the central business district, said Cortez Planner Nancy Dosdal. Farmers markets qualify for special event food truck permits.
A conditional use permit system could be used to facilitate a food truck court on a vacant lot in the downtown area, officials said.
After discussing the proposal on October 11, the city council decided to continue the matter to a workshop on October 25. First reading postponed.
The workshop will allow time to hammer out details, including whether to extend the number of days a conditional permit would allow to set up a food truck in the central business district.
The Cortez Central Business District in Cortez prohibits food trucks. The proposed provision allows for the prescribed licensing process. Pink areas are outside the central business district.
The Cortez Planning Commission reviewed the proposed changes to the food truck regulations and recommended approval.
Public opinion is collected
At the request of the City Council, the Planning Department has begun a public process to reconsider a ban on food trucks in the Central Business District this summer and fall.
To address the issue, the city held a public forum and conducted a survey with 372 participants.
The process generated community input and discussion, with the majority in favor of food trucks, including the downtown district, Dosdahl said.
But downtown businesses say they don’t want the food trucks to interfere with street parking or right-of-way for their customers.
Downtown business owners who have been targeted by the issue also indicated that increased competition from downtown food trucks is a concern for brick-and-mortar restaurants.
Food trucks like Kelly’s Kitchen could be set up in downtown Cortez under the proposed ordinance. (Courtesy of Kelly’s Kitchen)
City officials say the conditional use permit process can be an effective tool to address and mitigate potential problems.
“We held public hearings and public discussions and came to an agreement that addresses the public demand for food trucks in the city, but also protects the businesses,” Dosdal said.
The permits may specify parameters for food trucks in a business district. For example, they can specify food truck distances from existing restaurants, days and hours of operation, or require licenses from restaurants within a certain distance.
Incidentally, food trucks are allowed at Third Thursday events in Montezuma Park because it is outside the boundaries of the Central Business District.
Current regulations
All food trucks must maintain a sales tax permit and comply with the “mobile food vendor” section of the land use code, which includes compliance with the Montezuma County Health Department’s food service regulations.
If they are set up on private property, they must have written permission from the owner. You can work in a legal public parking space as long as you respect the parking restrictions. Regardless of the zoning district, they are not allowed to work on city property unless otherwise specified in the code or approved by the city manager.
Current regulations limit food truck hours to 1:00 a.m. to 9:00 p.m.
jmimiaga@the-journal.com
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