AURORA | City lawmakers are divided over potential food truck regulations because of the disparate impacts the mobile eateries have depending on which part of the city they’re in.

On the eastern side of Aurora, Ward 2 has a lot of new development planned, but it does not have prospects for new grocery stores or restaurants, which has led its representative, Councilmember Amy Wiles, to refer to it as a “food desert.”

Wiles said food trucks help meet a need in her ward.

“I just worry that we’re putting a lot of regulations on these small businesses that are mostly minority owned,” Wiles said during an Aug. 24 study session. “They’re really trying to get their foot in the door and support their families and hopefully eventually be able to fill some of our open storefronts in Ward Two.”

However, in more developed parts of the city, like the south-central area of Ward 5, food trucks are aggregating in certain lots, which has raised health, safety and competition concerns. Ward 5 Councilmember Angela Lawson is sponsoring the regulations, which include a density limit of one truck per 15,000 square feet and a requirement for overnight truck storage.

Lawson said she supports food trucks and the opportunity they offer entrepreneurs who may not be able to afford a brick and mortar location, but thinks more guidelines are needed to address concerns around licensing, seating arrangements, waste disposal and placement and density.

“I do feel like there have been some compliance issues in the last year and a half that I have seen with food trucks, not all over the city, but specifically at Hampden and Chambers,” Lawson said.

Groups of food trucks can create issues by blocking access to businesses, taking up parking spaces and obstructing traffic, regulation proponents say. City staff also highlighted an issue with trucks staying at one location and not being stored properly overnight or returning to a commissary, which food trucks are required to do “regularly,” though the code doesn’t define a specific frequency.

“In some cases food trucks will remain on site for months at a time without leaving,” Trevor Vaughn, Aurora licensing manager, said. “Violations are more likely to occur in those situations where the food truck isn’t leaving, so it’s not properly dumping its wastewater and not going to the commissary to ensure compliance with the food codes and clean materials and fresh food.”

The city collects sales tax revenue from all food truck sales in Aurora. So far this year, the city has collected $397,663 in sales tax from mobile food trucks and $15,784,353 year-to-date from restaurants.

Currently, the city requires food trucks to have a city business license and a state food truck license. Trucks cannot park within 175 feet of a restaurant, unless they have permission from the restaurant, and must be at least 50 feet from residences. Hours are limited to 7 a.m. to 10 p.m.

County health departments are responsible for issuing Colorado retail food licenses and ensuring trucks meet health standards and conducting inspections. The Aurora Fire Department also inspects trucks for fire safety standards.

The proposed changes would limit trucks to one for every 15,000 square feet, with a maximum of five trucks allowed per lot. Lots that are smaller than 15,000 square feet are allowed a single food truck. For trucks parked along streets, they must be spaced out 200 feet.

For special events, like the Aurora Globalfest or neighborhood block parties, the density limit for food trucks can be bypassed through a special use permit. 

Several council members, including Wiles, felt the 15,000-square-foot limit is too large and would be too limiting. They also worried requiring a special permit would hurt local organizations’ ability to host events like weekly food truck gatherings.

“(Fifteen-thousand square feet is) equivalent to three and a half basketball courts or six average-sized American homes, so I just think that’s way too big,” Councilmember Alli Jackson said.

A compromise that may move forward would create specific rules for large retail lots that have multiple owners, while allowing other lots to have higher density. The biggest food truck congregations, including the one at Hampden and Chambers, are currently at multi-owner lots because each owner can grant permission for trucks to locate on the lot without limit. 

Another suggested change would require trucks to be moved to a storage lot when they aren’t operating, which would prevent them from establishing a semi-permanent location. 

Finally, the city could allow trucks to open slightly earlier, at 6 a.m. instead of 7 a.m., to accommodate early-morning workers and support breakfast and coffee trucks.

At least one public commenter has opposed the proposed regulations, saying they would be too stringent and hurt businesses. Aurora resident Katye Edwards said her view on the trucks at Hampden and Chambers is that they transformed a previously underutilized lot into a neighborhood gathering space.

“This is economic development and community building, and it’s happening without a single city dollar being spent,” Edwards said at the May 18 meeting. “These trucks are not a problem to be managed — they’re an asset to be supported.”

Food trucks are supported by the Colorado Restaurant Association, which lobbies on behalf of restaurants, caterers, bars and other food service providers. 

In conjunction with the new guidelines, city officials are working on legislation for food truck plazas, which would allow multiple trucks to co-locate in a more permanent location with amenities like bathrooms and a commercial kitchen.

The food truck plaza legislation is still being drafted.

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