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HomeMy WebLinkAboutcoa.cclc.ag.04012009COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING 130 S. GALENA SISTER CITIES MEETING ROOM April 1, 2009 8:30 A.M. 8:30 I. Roll call and approval of minutes -March 18th, 2009 II. Public Comments not on the agenda (please limit your comments to 3 minutes) III. Nancy Lesley, Special Events Coordinator -downtown event. IV. Discussion on downtown sales and marketing V. Adjourn Goals: 1. BID involvement 2. Marketing sales increase, Business promotions. 3. Rethinking and evaluating the malls. The lighting and trees need redone. Be more proactive in town mobility. Address parking, carbon, cars and bikes. 4. CCLC was the mall commission. We are long overdue thinking how the malls should be rethought. What do they serve, how they serve and do they do it well. 5. Parking mitigation -cash in lieu have a fund for seed money for electric cars etc. 6. Create a public transit alternative in the form of bicycles, golf carts etc. Low tech. 7. CCLC increase the business vitality. Think of ways to increase business vitality. The city is not business friendly. 8. Facilitating special events but the CCLC is probably not that venue. 9. Sign code -make recommendations as it is out dated. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF MARCH 18, 2009 Vice chair Mark Goodman called the meeting to order at 8:30 a.m. Commissioner in attendance: Bill Dinsmoor, Don Sheeley, Andrew Kole, Fred Ayarza. John Starr, Terry Butler and Roger Haneman were excused. Staff: Kathy Strickland, Chief Deputy City Clerk JunWRed Onion mall lease -Dan Reynolds, attorney represented Junk. The dimension requested at 13' 10" x 24' 7". Dan pointed out that the restaurant previously had a mall lease. Scott Degraves, owner said they are staying on their property. Bill said we try to make alfresco dining a success and visit the area from time to time throughout the summer. Andrew pointed out that the state law has changed and that things do not have to be contiguous anymore. MOTION: Don moved to approve the mall lease for Junk/Red Onion; second by Fred. All in favor, motion carried. Public Comments: MZBZIII MZBZIII pointed out that in New York food establishment are in good standing. Restaurants here should have a sign where there food comes from etc to be in good standing. Takah Sushi mall lease -Casey Coffman, owner said there are no changes. The dimensions are the same as last year. Bill asked how many tables and chairs were at Takah Sushi. Casey said about ten tables and 40 chairs. Casey said people sit there in the morning and eat their lunch. Our service starts at 5:30p.m. Fred said we have to be careful not to block up the mall area. MOTION: Don moved to approve the mall lease for Takah Sushi; second by Andrew. All in favor, motion carried. 1 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF MARCH 18, 2009 Pacific mall lease -Russell Hoffberger, owner said the request for his mall lease is the same as last year. There are no changes. Bill said he has concerns with the umbrellas on the opposite side by the playground. They are below eye level. They should be inside the fence and higher. The height of the umbrellas is variable at times. Russell said he tried to get an awning and was denied. He wanted a permanent awning due to the wind etc. Fred suggested Russell revisit the City again. Russell said he looked at parachutes and his concern is the wind. The cost is $35,000. for the awning. Fred said he is also concerned about people getting hit from the umbrellas in the eye. MOTION: Don moved to approve the mall lease for Pacifica; second by Andrew. All in favor, motion carried. Victoria `s expresso mall lease - Victoria Haveman, owner There are six trees between us and Takah Sushi. The dimensions would be 12 x 16. Andrew said her challenge is how does she get enough space and not have people sit down watching their kids play at the playground. She is not a full time restaurant. Andrew asked if the fees could be negotiable or adjusted. Victoria said her main business is coffee. We want this to be a community business and have wine and cheese and some coffee. The fee is approximately $1925.26. which allows for four tables. Mark said the traffic is in the summer is greater. Victoria said that area is very uneven so this will be difficult to do. Bill said there will be about 16 to 20 chairs. 2 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF MARCH 18, 2009 Victoria said they will define the fence and do something similar to D-10 and Pacifica. We will probably do a metal fence of some kind and a more earthy and natural fence. Andrew pointed out that restaurants are based on meals and Victoria's is not. Victoria pointed out that there is a snow pile in front of her play and she has been dealing with the Parks Dept. and getting no where. Fred said it needs to be enclosed due to the public seating out front on the mall. Bill said the mall leases are the cheapest restaurant space around. It is our concern about the snow and there has to be a better solutions. Fred said the snow removal is a total different issue and should be discussed later on. MOTION: Andrew moved to approve Victoria mall lease, second by Fred. All in favor, motion carried S-0. Andrew suggest that the mall lease income come back to the CCLC to promote the mall or an event. All restaurant lease type business funding should come back to promote the mall. The marketing could be signed off by the city manager. Mark said this is unlikely to get approved. D-19 Kathy pointed out that Dena from D-19 called and her child is sick. There is no change from last year. Bill pointed out that he has the same issues with D-19, the umbrellas creeking out. MOTION: Don moved to approve D-19; second by Fred. All in favor, motion carried Dish Kathy stated that she has not heard from Dish. Andrew said they are trying to sell the lease. Meeting adjourned at 10:30 a.m. Kathy Strickland, Clf De uty Clerk 3 TO: Commercial Core & Lodging Commission FROM: Kathryn Koch, City Clerk DATE: March 13, 2009 RE: Sidewalk sales and outdoor vending The Community Development Director, Chris Bendon has asked the CCLC to address sidewalk sales and outdoor vending. Historically, use of public property for commercialization has been generally not allowed. Ideas Duration: How many days, Summer season only to Oct. 1 S` Specific businesses Are there any locations that do not work. Should this be in the commercial core only Procedure -Apply to the Clerk's office and we OK it with a vending agreement and insurance. Do they go to CCLC first for approval and then fill out a vending agreement. Should it be clerk's sign off with the CCLC guidelines. We would like to make it a little spontaneous. Requirements: Diagram, insurance, processing fee $50. MEMORANDUM TO: COMMERCIAL CORE ANU LODGING COMMISSION FROM: DRI:?W N.EXANDER, PLANNING TECHNICIAN THROUGH: JENNIFER PI IELAN, DEPU'CY DIRECTOR OF PLANNING SUBJECT: 'I'F.MPORARY OUTDOOR FOOD VENDING; REGS. AND SUMIvL\RY DATE: 3/27/2009 SUMMARY OF SECTION 26.470.060(7), TEMPORARY OUTDOOR FOOD VENDING There aze several sections in the City of Aspen Land Use Code and Municipal Code that discuss this issue of outdoor food vending. In the Land Use Code, some of the primary regulations for this type of operation include: • No temporary operation shall be permitted for a specific period that lasts longer than six (6) months. • The area restriction for temporary food vending shall not exceed fifty (50) square Feet. o This azea includes all equipment and the space needed by employees to work the food vending activity. • The outdoor food vending operation must occur by or in association with preexisting restaurant or retail uses in the City of Aspen. The vendor must not only have the approval of the restaurant or retail use, but be located adjacent to the business. • There aze also certain health and safety issues associated with outdoor food vending that need to be met. Also to consider, are the Land Use Code's regulations for public amenity space. These regulations allow for no outdoor merchandisin>? (display of commercial goods and materials) in the public right-of--way or public amenity space. However, there is the provision for outdoor food vending or dining in these azeas. Being that outdoor merchandising is strictly regulated, the CCLC may want to consider the following options if additional allowances are desired for retail displays; • Limiting the area allowed for displaying retail items, • Requiring that retail displays only contain wares that are available within the adjacent or abutting store, • Ensuring that adequate width on public right-of--way for pedestrian/wheelchair access is available for getting past any displays and, or • Coordinate retail sidewalk sales to create more pedestrian interest. The regulations for Temporary Outdoor Food Vending and Public Amenity Space described above can be found within the City of Aspen Land Use Code (Parts 400 and 500, respectively). For your convenience, these regulations have been attached. Attachments: Exhibit A: Section 26.470.060(7), Temporary Outdoor Food Vending Exhibit B: Section 26.575.030(C), f, Public Amenity: Design and Operational Standards EXHIBIT A: COPY OF REGULATIONS FROM TITLE 26, CITY OF ASPEN LAND USE CODE Section 26.470.060(7), Temporary Outdoor Food Vending Temporary outdoor food vending. A temporary use of outdoor food vending by a restaurant or retailer on private property, private open space or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone District shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. The temporary operation shall be permitted for a specified period not to exceed six (6) months in duration or as otherwise limited by a mall lease. b. The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g., cooler with drinks, snow cone machine, popcorn machine, etc.) and the space needed by employees to work the food vending activity. c. Temporary outdoor food vending may only occur by or in association with restaurant or retail uses and with the approval of the restaurant or retail establishment's owner in which the outdoor food vending is associated and located adjacent to. d. An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open-flame char-broiling shall be permitted pursuant to Section 13.08.100, Restaurant grills, of this Code. e. The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. f. The outdoor food vending activities may occur year-round. An application for and an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor or court as a site specific development plan entitled to vesting under Article 68 of Title 24, C.R.S., or Chapter 26.308 of this Title. Approvals granted in this Subparagraph are subject to revocation by the City Manager or Community Development Director without requiring prior notice. g. An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by all applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes and sales tax license regulations. h. Each vendor wishing to operate outdoor food vending activities shall apply for and be approved for a permit (no fee required) to do so prior to commencing operations. Applicable environmental health plan review fees shall apply. (Ord. No. 14, 2007, § 1) EXHIBIT B: COPY OF REGULATIONS FROM TITLE 26, CITY OF ASPEN LAND USE CODE Section 26.575.030(C), f, PabGc Amenity.• Design and Operational Standards F. Design and operational standards far public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles 2. Open to sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered as floor azea or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmazk Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor azea or a reduction in public space on the parcel. 3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity azeas shall not be used as storage areas, utility/trash service areas, delivery areas or parking azeas or contain structures of any type, except as specifically provided for herein. Vacated rights-of-way shall be excluded from public amenity calculations. 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating mid-block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscaping plan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of landscapin¢. Whenever the landscaping required herein is not maintained, the Chief Building Official, afrer thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9. Commercial activity. No area of a building site designated as required public amenity space under this Section shall be used for any commercial activity, including but not limited to the storage, display and merchandising of goods and services; provided, however, that the prohibition of this Paragraph shall not apply when such use is in conjunction with permitted commercial activity on an abutting right-of--way or is otherwise permitted by the City. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 10. Commercial restaurant use. The provisions above notwithstanding, required public amenity space may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. 11. Desi~Quideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, (Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2) Sec. 15.04350. Vending on public parks and rights-of--way prohibited. (a) Vending ageements. (1) No person shall use or occupy any street, alley, mall, golf cowse, park or parkway (whether in or on a vehicle, structure, ,building or otherwise) for the storage, display or sale. of goods or services, wares or merchandise, solicit the sale of a service or to place or permit portable display, signs on any street, s~~y, mall, golf course, pazk or parkway within the. City; provided, however, that the prohi~iition of this Section shall not apply to any person who has entered into a vending ageement with the City to provide any such vending services and paid a processing feer equal to the special event fee for minor events set forth at Section 14.20.070 of this Code. The City Manager or her designee shall be authorized to execute and approve said vending agreements on behalf of the City after considering: (A) The public need for such services; (B) The availability of existing services; (C) The availability of nonpublic property upon which to conduct the requested activity; (D) The costs of policing and administering the proposed vending service; (E) The revenues which can be reasonably expected to accrue to the City by virtue of the vending services proposed; and (F) Whether the vendor applying for such vending agreement will best serve the public interesf. (2) Any applicant aggrieved of a decision by the City Manager concerning the denial or terms of a vending agreement may seek- an appeal of, same to the City Council. All appeals must be submitted in writing to the City Manager within ten (10) days of the decision appealed from and set forth the grounds for the appeal. The City Manager shall promptly add the appeal to the next reasonably. available regulaz City Council meeting agenda.- City Council shall conduct a hearing on the appeal at which time the applicant shall be heard and a decision rendered. Such decision need not be reduced to writing. (b) Vending agreements for farmers' markets. Farmers' markets are permitted in any downtown street in the Commercial Core (CC), Commercial (C-1), Neighborhood Commercial (NC) or Service/Commercial/Industrial (S/C/I) Zone Districts provided a vending Agreement is approved by the City Council. Streets that form the border between the Commercial Core (CC) and Office (O) zone districts or the Commercial (C-1) and Office (O) Zone Districts, such as South Monazch and South Spring, respectively, shall be eligible for consideration. Streets alongside any azea zoned Public (PUB) or Park (P) but within the traditional downtown, such as South Monarch between Durant and Hyman, shall also be eligible for consideration. (1) Minimum requirements. The Community Development D'vector shall promulgate rules and regulations for the establishment and operation of farmers' markets. The City Council shall incorporate such rules and regulations which it deems appropriate in vending agreements. (2) Procedwe. Pwsuant to Section 26.52.020, the applicant shall conduct apre- application conference with staff of the Community Development Department. As a result of the conference, the planner shall prepaze apre-application summary providing the appropriate application packet including the submission requirements and any other pertinent land use material, enumerate the fees associated with the reviews and explain the review process in general. After the pre-application conference summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the City Council, respectively. In order fo proceed with additional reviews or obtain a development order, the City Council shall, at a public hearing, fmd the submitted land use application consistent with the provisions, requirements and standazds of this Section. Notice of the public hearing shall be in accordance wlth the requirements of Section 26.52.060(Ex3) Paragraph (a), as well as any other form(s) of notice required by the Community Development Director. City Council may approve, approve with conditions or deny any application for a farmers' mazket by resolution. An ordinance is not required and the signed resolution shall serve as the vending agreement. (3) Application. An application for approval of new or modified farmers' mazkets shall comply with the submittal requirements applicable to conditional use reviews pursuant to Chapter 26.52, Common Development Review Procedures and Chapter 26.60, Conditional Uses, of this Code. Also, farmers' market vending agreement applications shall contain any other additional information identified in the pre-application conference summary. (4) Applicant. Applications for or from individual vendors will not be accepted. Applications for vending ageements for farmers' markets must be submitted on behalf of an organization encompassing all vendors that would participate in the particular mazket. The organization will need to select one (1) or two (2) persons to represent the market in dealings with the City. The applicanUorganization will be responsible for governance of the mazket and maintaining compliance with the rules and regulations contained in this Section and in any conditions assigned to the approval of a vending agreement. (Code 1971, § 13-61; Ord. No. 46-1974, § 1; Ord. No. 54-1975, § 1; Ord. 51-1992, § 1; Ord. No. 13-1998, § 3) Sec. 15.04360. Vendors not to obstruct public ways. It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or merchandise, to make any unnecessary sound or noise, to obstruct any sidewalk or other place of a public nature or to disturb or impede other persons. (Code 1971, § 13-63; Ord. No. 46- 1974, § 1)