Food truck approved for 1880 Train

Meg Warder of Black Hills Central Railroad requested a conditional use permit to host a food truck at the 1880 Train. This request was presented to the Hill City Common Council at its meeting Dec. 20. 

The Planning & Zoning Commission (PZC) report read, “Applicant would like a conditional use permit approval to host a food truck entirely on private property during the train’s event days when the on-site restaurant has been closed for the season. Potential use of the food truck would be from November through April. All business with the food truck would be conducted on the applicant’s property with no street or sidewalk access to the truck.” 

“I think we’d be hard-pressed to even notice that it was there if you were just walking by the main entrance to the train,” said city developmental services administrator Dani Schade.

The proposed land use does not conflict with Hill City’s Comprehensive Plan and meets the standards set forth in Title 9 Zoning & Subdivision Regulations. 

As for the conditional use permit review criteria, per the PZC report, “The request is consistent with all applicable provisions of the comprehensive plan. The request shall not adversely affect adjacent properties. The request is compatible with the existing or allowable uses of adjacent properties. The request can demonstrate that adequate public facilities, including roads, drainage, potable water and sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. 

“The request has minimized, to the degree possible, adverse effects on the natural environment. The request will not create undue traffic congestion. The request will not adversely affect the public health, safety or welfare. The request conforms to all applicable provisions of this code.” 

Schade said the restaurant at the 1880 Train close in November. Then there are special events occurring in November, December and into the new year. There are also employees on site. 

“This is a way for them to feed them. A truck comes in, stays for the day and then leaves that evening when the business is closed,” said Schade. 

Schade added there is a flood hazard area on the property, but the food truck will be mobile. 

The PZC report added, “The property is just over 10 acres and has only one restaurant serving the train customers. The restaurant is closed in the winter and a food truck would be brought in on special event days for this purpose.” 

Certified letters were sent out to property owners in the surrounding area and a physical sign was placed on the property per state requirements. 

Two letters were received after the report was written. 

Jessica Jacobs, owner of Tin City Saloon, submitted a letter since she could not attend the meeting in person. This read, “It seems odd to allow a food truck at a restaurant location. Where would we draw the line on this? I’m closed on Wednesdays, the Alpine on Sundays, the café and Chute both have days they are closed. Would all of us be allowed to have food trucks? We all have private property. 

“Then what about selling merchandise from the food truck? Can the business having the food truck be the owner of the food truck? Do you see where this opens the city up to more and more requests and poses more and more potential for overlap? 

“There is an ordinance against mobile vending, and I think the city either needs to take the steps to overturn it or they need to apply it to all mobile vending.” 

Schade said the ordinance Jacobs referenced is strictly for the Central Business District. The 1880 Train is outside of that district. 

The second comment received from a resident of Pine Mountain Avenue read, “Meg has a perfect spot in the large parking lot of the 1880 Train to house a food truck. I support this effort.” 

The PZC reviewed the request and recommended approval. 

There was no public comment given on the topic. 

Alderman Dale Householder asked Schade if the conditional use permit was for a single food truck or multiple food trucks. Schade said it was for one food truck. 

“When we were talking about the food truck ordinance, there was, in my opinion, overwhelming support for food trucks in town,” said alderman Jason Gillaspie. “I guess I’m looking at this more as an opportunity for events that are ongoing at the train rather than, let’s put a food truck somewhere 24/7 etcetera, etcetera. And I’m glad that’s referenced in the report and the plans to do that.” 

At this point, Gillaspie said he did not have a concern with it. 

Alderman Ethan Walker said he understood the ordinance in the Central Business District, and he was not for food trucks on city-owned property. However, he thought people should be able to do what they want with their own property. 

Walker did ask how the tax worked for food trucks, and it was confirmed that the food truck would have to pay city taxes as if it were in a building. Hence, Walker said it would also be additional tax revenue for the city. 

“I like this avenue of food trucks and conditional use rather than the way we had gone with the ordinance because now we can look at each individual and see how it applies,” Householder said. 

Mayor Mike Verchio said he did not see any way to change the ordinance in the Central Business District because there was no place for trucks other than in the street or in a back alley. He agreed that anyone with private property who wanted to host a food truck could under the right conditions. 

The council unanimously voted to approve the conditional use permit. The next meeting of the Hill City Common Council is Wednesday, Dec. 27, at 5:30 p.m. at city hall.