HomeMy WebLinkAboutcoa.cclc.ag.08062008COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
130 S. GALENA
SISTER CITIES MEETING ROOM
AUGUST 6, 2008
8:30 A.M.
8:30 I. Roll call and approval of July 23rd minutes
II. Public Comments not on the agenda (please limit your
comments to 3 minutes)
III. Commissioner Comments
IV. Engineering -sidewalk dining
V. Discussion on contiguous outside seating.
VI. Election of Vice-chair
VII. Adjourn
Colorado Department of Revenue
Division of Liquor~Tabacco Enforcement
Matt Cook, Senior Director
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Laura K. Harris, Director
Regulation 47-302. Changing, Altering, or Modifying Licensed Premises.
A. After issuance of a license, the licensee shall make no physical change,
alteration or modification of the licensed premises which materially or
substantially alters the licensed premises or the usage of the licensed
premises from the plans and specifications submitted at the time of obtaining
the original license without the prior written consent of the local and state
licensing authorities. For purposes of this regulation, physical changes,
alterations or modifications of the licensed premises, or in the usage of the
premises requiring prior written consent, shall include, but not be limited to, the
following:
1. Any increase or decrease in the total size or capacity of the licensed
premises.
2. The sealing off, creation of or relocation of a common entryway, doorway,
passage or other such means of public ingress and/or egress, when such
common entryway, doorway or passage alters or changes the sale or
distribution of alcohol beverages within the licensed premises.
3. Any substantial or material enlargement of a bar, or relocation of a bar, or
addition of a separate bar.
4. Any material change in the interior of the premises that would affect the
basic character of the premises or the physical structure that existed in the
plan on file with the latest prior application. The foregoing shall not apply to
painting and redecorating of premises; the installation or replacement of
electric fixtures or equipment; the lowering of ceiling; the installation and
replacement of floor coverings; the replacement of furniture and equipment,
and other similar changes, nor to any non structural remodeling of a fermented
malt beverage licensee's premises where the remodel does not expand the
existing area designed for the display or sale of fermented malt beverage
products.
--~5~.~IVothing herein shall prohibit a licensee, who is otherwise not eligible for an
optional premises permit or optional premises license, from modifying its
licensed premises to include in the licensed premises a public thoroughfare, if
the following conditions are met:
a. The licensee has been granted an easement for the public thoroughfare for
the purpose of transporting alcohol beverages
b. The public thoroughfare is authorized solely for pedestrian and non-
motorized traffic
c. The inclusion of the public thoroughfare is solely for the purpose of
http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=ColRegCode/47302 7/18/2008
Colorado Department of Revenue
Page 2 of 2
transporting alcohol beverages between licensed areas, and no sale or
consumption will occur on or within the public thoroughfare.
d. Any other conditions as established by the local licensing authority.
B. In making its decision with respect to any proposed changes, alterations or
modifications, the licensing authority must consider whether the premises, as
changed, altered or modified, will meet all of the pertinent requirements of the
Colorado Liquor or Beer codes and the Regulations promulgated thereunder.
Factors to be taken into account by the licensing authority include, by way of
illustration but not limited to, the following:
1. The reasonable requirements of the neighborhood and the desires of the
adult inhabitants.
2. The possession, by the licensee, of the changed premises by ownership,
lease, rental or other arrangement.
3. Compliance with the applicable zoning laws of the municipality, city and
county or county.
4. Compliance with the distance prohibition in regard to any public or parochial
school or the principal campus of any college, university, or seminary.
5. The legislative declaration that the Colorado Liquor and Beer Codes are an
exercise of the police powers of the state for the protection of the economic
and social welfare and the health, peace, and morals of the people of this
state.
C. If permission to change, alter or modify the licensed premises is denied, the
licensing authority shall give notice in writing and shall state grounds upon
which the application was denied. The licensee shall be entitled to a hearing
on the denial if a request in writing is made to the licensing authority within
fifteen days after the date of notice.
D. This regulation shall not be applicable to the holder of a manufacturer's
license as specifically defined in C.R.S. 12-47-402.
Matt Cook, Senior Director Laura K. Harris Director
Department Home • Division Home Top • State Home • Federal Home • Contact Us
Copyright U 2D07, Colorado Department of Revenue
Privacy Statement;
http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/47302 7/18/2008
Standards (see Chapters 26.410 and 26.412). Fences visible froth the public right-of--way shall be constructed
of wood, stone, wrought iron or masonry. On comer lots, no fence, retaining wall or similar object shall be
erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall or
similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from
street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing proposed construction,
material, location and height shall be presented to the Building Inspector before a building permit for a fence is
issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at
intersections. (Ord. No. SS-2000, § 16; Ord. No. 12, 2007, §35)
Sec. 26.575.060. Utility/trash/recycle service areas.
A. General. The following provisions shall apply to all utility/trash/recycle service areas
1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and
accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash/recycle service
areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high
from grade. All fences shall be of sound construction and shall be no less than ninety percent (90%)
opaque.
2. Whenever this Title shall require that autility/trash/recycle service area be provided abutting
an alley, buildings may extend to the rear property line if otherwise allowed by this Title, provided that
an open area is provided which shall be accessible to the alley and which meets the dimensional
requirements of this Section.
3. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved
for box storage, utility transformers or equipment, building access and trash and recycling facilities. For
properties with thirty (30) feet or less of alley frontage, this requirement shall be fifteen (1S) linear feet.
For properties with no alley access, no requirement shall apply. The required area shall have a
minimum vertical clearance often (10) feet and a minimum depth of ten (10) feet at ground level. The
required area shall not be used for required parking or as vehicular access to a parking area.
4. The Planning and Zoning Commission may reduce the required dimensions of this area by
special review (see Chapter 26.430) and in accordance with the standards set forth below at Subsection
26.S7S.060.B.
B. Review standards for reduction of dimensions. The Planning and Zoning Commission may reduce
the dimensions of a utility/trash/recycle service area by following special review procedures set forth at
Chapter 26.430 if:
1. There is a demonstration that, given the nature of the potential uses of the building and its total
square footage, the utility/trash/recycle service area proposed to be provided will be adequate.
2. Access to the utility/trash/recycle service area is adequate.
3. Measures are provided for enclosing trash bins and making them easily movable by trash
personnel.
4. When appropriate, provisions for trash compaction are provided by the proposed development
and measures are taken to encourage trash compaction by other development in the block.
5. The area for public utility placement and maintenance is adequate and safe for the placement
of utilities.
L.U.R. -Supplementary Regulations -Timeshare Development
§26.590.090
6. Adequate provisions are incorporated to ensure the construction of the access area. (Ord. No.
5-2005, §3; Ord. No. 12, 2007, §36)
Sec. 26.575.070. Use square footage limitations.
Within the Commercial Core (CC), Commercial (C-1) and Service/Commercial/Industrial (S/C/I) Zone
Districts, all permitted and conditional commercial businesses shall be restricted to the following maximum
net leasable commercial and office space:
A. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000)
square feet in net leasable commercial and office space: Antique shop; art supply; bakery; bookstore;
camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby
shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small appliance store; art gallery; decorator shop; seamstress;
Laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling,
provided they are accessory uses; electrical and plumbing service shops; automobile washing facility;
pharmacies; art studio; and catering service.
B. 6,000 square feet. The following and similar uses shall be limited to six thousand (6,000)
square feet in net leasable commercial and office space: Drugstore (including pharmacy); equipment
rental, storage and repair; shop craft industry; fabrication and repair and building materials; sporting
goods store; variety shop; professional offices; and major appliance stores.
C. 9,000 square feet. The following and similar uses shall be limited to nine thousand (9,000)
square feet in net leasable commercial and office space: Service station and restaurant.
D. 12,000 square feet. The following and similar uses shall be limited to twelve thousand
(12,000) square feet in net leasable commercial and office space: Vehicle sales; builder supply yard;
lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and
publishing plant; furniture store; carpet and floor covering store; financial institution; and food market.
E. 20,000 square feet. The following and similar uses shall be limited to twenty thousand
(20,000) square feet in net leasable commercial and office space: Warehousing and storage.
F. Retail sales areas. All of the square footage limitations on use shall not restrict the square
footage of the total retail sales areas in these zone districts or any buildings occupied by any
combination of more than one of the above uses; provided, however, that any business enumerated
above, of the same type which occur individually or jointly in a single structure or combination of
structures situated upon a single tract of land under the same ownership, shall be considered one
business and together restricted to the maximum net leasable commercial and office space provided in
this Section.
Sec. 26.575.080. Child care center.
A. A daycare center shall provide one (1) off-street parking space per employee, a child
loading/unloading area of adequate dimensions, preferably off-street and adequately sized indoor and outdoor
play areas and shall maintain minimum hours of operation of 7:30 a.m. to 5:30 p.m. from Monday through
Friday.
B. A facility which provides regular supervision and care of five (5) or fewer children per day shall be
considered a family daycare home and shall be allowed as an accessory use, subject to the following:
26-5-92
Supp. 3
CCLC Meeting -Restaurant Encroachments
On The Mall- Presently restaurants using the Aspen Pedestrian Mall are not required to
file for an encroachment license, but they are required to pay a fee to the CCLC. These
would include D19, Taka, Pacifica, Popcorn Wagon, Red Onion, Dish, and the use of
City of Aspen tables.
Off The Mall -Presently for establishments outside of the pedestrian mall, an
encroachment license is required. However, these establishments seem to fail to submit
these applications in a timely manner. Examples of al fresca dining off the mall include
Bruno's, Social, Elevation, Steak Pit, Asie, Gusto, Poppycock's, Crystal Grill, and Lu
Lu's.
Procedurally Now - Afrer completion of an encroachment application ($343 for the
application) and payment of a land-lease fee ($2.50 per square foot per month) we
generally approve the requests if minimum cleazances for pedestrians are shown.
Procedurally in the Future -
1. Does the City Engineering Department and the Clerks Office need to review new
permits? This would be a means of updating Liquor License's to verify if the applicant is
serving off site.
2. Does Engineering need to review all restaurant encroachments regardless of location?
This would provide the City with a mechanism to ensure that all encroachments adhere to
the same standards.
3. Should a restaurant use City Right-of--Way for purposes of private business?
The City of Aspen drafred a new Restaurant Encroachment Requirements Document that
encompasses the major points that must be addressed prior to approval of an
encroachment. These will be distributed prior to the beginning of the summer season. All
documents and payments may be made prior to the occupation of City ROW. The
distribution of these requirements and their associated applications will be attempted on
or azound the first of May.
Requirements include:
Total squaze footage used
Disclosure of alcohol service
Sidewalk clearances - 6 feet min on paved surfaces not including grates, curbs, or other
features in the ROW (Aspen Municipal Code)
Vertical cleazances -7 foot min above paved surfaces (American Association of State
Highway Transportation Officials - AASHTO).
Shy distances from pazked vehicles will be considered 2 feet - AASHTO
Shy distances from buildings or other structural features will be considered 1.5 feet -
AASHTO
Door swing will cleazances will be considered as 2 feet - AASHTO
Restaurant encroachment dates -Memorial Day Weekend to November 1 S`
CITY OF ASPEN ENGINEERING DEPARTMENT
THE CITY OF ASPEN .ESTAURANT USE OF PUBLIC RIGHT-OF-WAY
APPLICATION CHECKLIST
This checklist has been provided to serve the applicant as a reminder to include all
required documents and application processing fees. Incomplete applications will
not be accepted.
^ Completed Application Form (do not leave blank spaces).
^ Obtain and sign "Affidavit of Insurance Coverage", this document is
attached.
^ A nonrefundable application review fee of $343.00, in cash or check
issued to the City of Aspen to be submitted with application. Do not
combine fees.
^ Space lease payment for the occupied/restricted right-of-way at the rate of
$2.50/SF per month (adjusted annually) for restaurants, must be included
for the duration of the license or for a Five day minimum pavment.
(100 SF x 5 days x 12month=365days x $2.50/SF = $41.10 per month)
^ Applications must be accompanied by an attached, accurately drawn
"Scaled Plan"of the site on 8'/" x 11" OR 11" x 17" sheets of paper. The
plan shall indicate the requested area to be encroached with square
footage of land lease, abutting property lines, abutting property addresses,
and abutting street names.
^ Please allow five (5) business days for review. Permit must be kept on
site.
City of Aspen -Engineering Department ~ 970-920-5080 REVISED: 8~6~2008
CITY OF ASPEN
TEMPORARY REVOCABLE ENCROACHMENT LICENSE
BUILDING PERMIT# ENCROACHMENT PERMIT#
Applicant to complete following information: Resfaarenraddrese
Owners Name Owner's Mailing Address Zip Owner's Phone
Owners AufhorizedAgent Agents Mailing Address Zip Agents Phone
Contact ConfxtPhone Alfemate Contact Attemates Phone
E-Mail Contact forAppliwnt Dates oflkeupation
Start: End:
DESCRIPTION OF ENROACHMENT
FEE'S Are you planning to serve alcoholoByourpropertyin the encroachmentarea Yes No
Begin Date End Rafe NumberofDays Square footage Calculated Lease Fee (Permitted Memorial Day-NOV 1stJ
PLEASE CONTACT THE CITY OFASPEN ENGINEERING DEPARTMENT TO CALCULATE LAND LEASE FEES
A Temporary Revocable License is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public
Right-of-way for the purposes described. This license is granted for a specific use and within a specified term as checked above, subject
to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. This license shall be
subordinate to the right of City of Aspen to use said area for any public purposes.
Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee shall at all times
during the term hereof, carry public liability insurance for the benefit of the City as per the signed "Affidavit of Insurance Coverage". All
insurance policies that are maintained pursuant to this agreement shall contain the following endorsement: "It is hereby
understood and agreed that this insurance policy may not be canceled by the surety until thinly (30) days after receipt by the
City, by registered mail, of a written notice of such intention to cancel or not to renew."
Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against
all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury,
death, property loss or damages, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this
license, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or part by the act,
omission, error, professional error, mistake, negligence, or other fault of licensee. Licensee agrees to investigate, handle, respond to,
and to provide defense for and defend against, any such liability, claim or demands at the sole expense of the licensee or, at the
option of the City of Aspen, licensee agrees to pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the City
of Aspen in connection with, any such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses
related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless,
false or fraudulent. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements
constructed within the encroachment area.
The City of Aspen may terminate this license at any time and for any reason. Upon termination, Licensee shall at Licensee's expense,
remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to The City
of Aspen.
Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which
The City of Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition.
Under these circumstances, the Licensee shall restore the right-of--way under the encroachment to its original or better conditions
immediately and in accerdance with the latest Engineering Department standards for improvements of Public right of way.
/Agent's Printed Name Owner /Agent's Signature Date
For Office Use Only
Land Lease Fees
Square Footage
Total: $ STAMP OF JUDGEMENT
Alcohol Service
No. of Tables Access via ROW Yes _ No
Dates Approved
City of Aspen - Engineedng Department x'970-92U-5UtfU Revrseu: n~yevua
m
THE CITY OF ASPEN
The City of Aspen Engineering Department
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5080
AFFIDAVIT OF INSURANCE COVERAGE
This affidavit must be completed and on file with the City of Aspen Engineering Department before any
Encroachment permit will be issued.
Company Name (please print)
Street Address
City State Zip Code
I, hereby sweaz or affirm that I will carry employee and public liability insurance with
minimum limits of not less than $150,000 per person and $600,000 per occurrence, or as specified by Section
24-10-114, C.R.S, and property damage insurance with a minimum limit of not less than $150,000 for any
single occurrence at the time I perform any construction activities in the City of Aspen. The City of Aspen
shall be named as co-insured on the policy. I also agree to produce proof of such insurance whenever the City
of Aspen requests.
Signature
Date
By signing the above I understand and agree with the fore mentioned statement.
City of Aspen -Engineering Department ~' 970-9205080 REVISED: 852008