HomeMy WebLinkAboutagenda.apz.20091215AGENDA
ASPEN PLANNING AND ZONING COMMISSION
Regular Meeting
Tuesday, December 15, 2009
4:30 pm
Sister Cities Meeting Room
City Hall
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICTS
V. PUBLIC HEARINGS:
A. Design Call Up Code Amendment
B. Proposed Miscellaneous Code Amendments
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number 17
~~.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Jennifer Phelan, Community Development Deputy Direct
FROM: Sara Adams, Historic Preservation Planner ~~~JJJ
RE: Design call up code amendment- public hearing
DATE: December 8, 2009
The public hearing was scheduled on April 21, 2009 and continued by the Planning and
Zoning Commission to June 16, 2009. Planning and Zoning recommended that Staff allow
ample time to discuss the proposed code amendment, and in turn continued the hearing to
November 3, 2009. The hearing was again continued to December 15, 2009. Attached are
the staff memo and the resolution from April 21, 2009. Minutes from the HPC meeting are
attached as Exhibit C.
denovomemopzmemo 11 _03_09.doc
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Chris Bendon, Community Development Director
FROM: Sara Adams, Historic Preservation Planner
RE: Design call up code amendment- public hearing
DATE: April 21, 2009
City Council has the authority to call up certain design related approvals granted by the
Historic Preservation Commission (HPC) and the Planning and Zoning Commission (P & Z)
within thirty (30) days of approval. Council reviews the application on the record and
makes a finding as to whether the review board denied due process, exceeded its jurisdiction
or abused its discretion.
Council directed Staff to propose a code amendment that expands the call up review to
consider an application de novo. De novo is a Latin term meaning "from the beginning."
Some communities (e.g. Boulder, Telluride) authorize their City Councils to conduct a
content based review of an application pursuant to call up procedures. Expanding Council's
purview strengthens the checks and balances for new development; however, it creates a
level of uncertainty for the applicant regarding the validity of a development approval
granted by the HPC or the P & Z that may be reversed, amended or sent back to the review
board for further study. The predictability of the land use process may be jeopardized by
adding a content based call up provision and potential extra layer of review.
It is important to recognize the qualifications of the review boards and how different
backgrounds represent different community interests and goals. For example, members of
the HPC, a largely design specific review board, must have specific credentials to volunteer.
Pursuant to Section 26.220.030.H and I, the HPC is comprised of a least three (3)
professionals in preservation related fields and all members shall have a "demonstrated
interest, knowledge, or training in fields closely related to historic preservation." Specific
qualifications to serve on HPC reflect the complexity of historic preservation applications
and the expertise required to interpret design guidelines, designation criteria and historic
preservation incentives.
The Code amendment is drafred such that Council may review the application de novo and
approve the application, remand it back to the reviewing board, alter the conditions of
approval, deny the application, or continue it to gather more information. On April 8, 2009,
the HPC reviewed the proposed amendment and unanimously recommended 6 - 0 that if
City Council adopts a de novo review, then the application be approved, remanded back to
the reviewing board, or continued to gather more information. HPC did not find that
Council should have authority to deny or alter the conditions of approval of an application
reviewed by one of their appointed boards. HPC's resolution is attached as Exhibit B.
The Standards of Review for amendments to the Land Use Code are addressed in Exhibit A
denovomemopz.doc
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PROPOSED CODE AMENDMENTS:
Section 1: Section 26.415.120 Appeals, Notice to City Council Call- up of HPC Decisions: This
Section proposes to provide call-up notification to City Council after the approval of Conceptual
review because the main issues (i.e. mass, scale, height, context, location) are considered and
approved at this time. The call up period of 30 days is consistent with the existing regulations.
Part D specifies that the Council review will be de novo. Staff proposes that Council consider
the same review process and requirements criteria as the reviewing body when they conduct the
"call up" review.
Section 2: 26.412.040.8 Appeals, Notice to City Council Call- up of Commercial Design
Review Decisions: The proposed amendments mirror Section 1, except this section relates to
Commercial Design Review decisions by the P & Z and HPC.
Section 3: 26.415.070. D.3 HPC Conceptual Development Plan Review: This Section of the
Historic Preservation Chapter of the Code outlines proposed requirements for call up after a
Conceptual Design is approved. Staff proposes that the Community Development Director can
extend the 1 year timeframe for submitting a Final Review application to HPC if there is a delay
associated with call up review at Council.
Section 4: 26.415.070. D.4 HPC Final Development Plan Review: Staff proposes to delete part
b.4 that requires call up notification to Council after Final Development approval is granted by
HPC. Staff finds that the call up notification is more appropriate after Conceptual approval
because the primary aspects of the project are decided at that level. It seems unfair for an
applicant to proceed through Final Review at HPC if the primary features of the project may
warrant a de novo review by Council pursuant to the proposed call up provision.
NEXT STEPS: The hearings before City Council are not scheduled yet.
REOUesT of THE P & Z: Planning and Zoning Commission is asked to make a recommendation
to the City Council regarding the proposed code amendments in the attached drafr resolution.
STAFF [tECOMMENDATION: Staff finds that the proposed amendment is inconsistent with the
AACP, as outlined in Exhibit A, and recommends that the Planning and Zoning Commission
recommend approval of the changes proposed by HPC and attached as Exhibit B.
ATTACHMENTS:
Resolution # ,Series of 2009
Exhibit A -Section 26.310.040 Standards of Review
Exhibit B -HPC Resolution
Exhibit C -HPC minutes from April 8, 2009
denovomemopz.doc
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RESOLUTION No. _
(Series of 2009)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW: 26.415.120 -APPEALS, NOTICE TO
CITY COUNCIL AND CALL UP; 26.412.040.B -APPEALS, NOTICE TO CITY
COUNCIL AND CALL UP; 26.415.070.D.3 -CONCEPTUAL DEVELOPMENT
PLAN REVIEW; 26.415.070.D.4 -FINAL DEVELOPMENT PLAN REVIEW.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of
Aspen Land Use Code, the Director of the Community Development Depaztment
initiated amendments to the Land Use Code related to the provisions for City Council
"call-up" review of Conceptual Review approvals granted by the Historic Preservation
Commission and the Planning and Zoning Commission; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public heazing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended denial of
the proposed amendments to the City of Aspen Land Use Code Sections 26.415.120 -
Appeals, notice to City Council and call up; 26.412.040.B -Appeals, notice to City
Council and call up; 26.415.070.D.3 - Conceptual Development Plan Review;
26.415.070.D.4 -Final Development Plan Review, as described herein; and,
WHEREAS, the amendments proposed herein aze consistent with the Aspen
Area Community Plan which, in part, calls to "retain and encourage an eclectic mix of
design styles and to maintain and enhance the special chazacter of our community"; and,
WHEREAS, during a duly noticed public hearing on Apri121, 2009, continued to
June 16, 2009, and continued to November 3, 2009, and finally continued to December
15, 2009, the Aspen Planning and Zoning Commission recommended that City Council
approve amendments to the text of Sections 26.415.120 -Appeals, notice to City Council
and call up; 26.412.040.B -Appeals, notice to City Council and call up; 26.415.070.D.3 -
Conceptual Development Plan Review; 26.415.070.D.4 -Final Development Plan
Review, as described herein, by a vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan; and,
PZ Resolution #
proposed de novo amendment
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WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text unaffected is black and in standard print and looks like this. T°~*'~°~'^^ ~°m^~r°d-;~
green ~ ~~*" ~*,.:'.°*~,r^.,,,ti, .,a r^^L~ i;L.° ttiss "Text bein~~ added to the code is red with
underline and looks like this.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1: Section 26.415.120 -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council "call-up" of Historic Preservation
Commission decisions, shall be amended as follows:
26.415.120. Appeals, Notice to City Council, and Call-Up
A. Appeal. Any action by the HPC in approving, approving with conditions or
disapproving a development order and an associated certificate of appropriateness for
major development, demolition approval or relocation approval may be appealed to the
City Council by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notice to City Council. Following the adoption of a resolution approving,
approving with conditions or disapproving a Conceptual Ddevelopment Plan application
for a certificate of appropriateness for major development, demolition approval or
relocation approval of a designated property, the HPC shall promptly notify the City
Council of its action to allow the City Council an opportunity to avail itself of the call-up
procedure set forth in Subsection 26.415.120.0 and D. Notification shall consist of a
description in written and graphic forni of the project with a copy of the approving
document.
C. Call-up. The City Council may order call up of any action taken by the HPC as
described in Section 26.415.070 within thirty (30) days of the decision, action or
determination. Consequently, implications for Final Development Plan Review shall not
be accepted by the City and no associated permits e~-shall be issued during the thirty
(30) day call-up period. If City Council exercises this call-up provision, no applications
for Final Development Plan Review shall be accepted by the City and no associated
permits shall be issued until the Cit~Council takes action as described in subsection
26.415.120.D. If the City Council does not call up the action within the call-up period,
the resolution of HPC shall be the final decision on the matter.
D. City Council action on appeal or call-up. The City Council shall, at a public
meeting, consider the application ~ *"° r°^^r~' °~'°'~'~°"°~' "°~ "° `'~° u~r~,ae no~~o. The
City Council may at its discretion consider evidence included in the record established
by the Historic Preservation Commission or supplement the record with additional
PZ Resolution #
proposed de novo amendment
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evidence or testimony as necessary. The City Council shall conduct its review of the
application under the same process and requirements applicable to the reviewing body,
troy-Pa-°vc~ss-6 °circecQea-zco-Tari~crrE~6irA~~i~.nTrsC-f'@t~6i~-T e Clty
Council shall take such action as it_s deemsed necessary to-Feuer ~t~t~ion,
including, but not limited to:
1. Accepting the decision.
~ 2. Reversing or amending the decision.
~3. Altering the conditions of approval.
~4. Remanding the application to the HPC for rehearing. (Ord. No. 1-2002, § 7
[part]; Ord. No. 52-2003, § 10)
~. Continuing the meetin ~ t~quest additional evidence, analysis, or testimony as
necessary to conclude the call-up review.
Section 2: Section 26.412.040.8. -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council "call-up" of Commercial Design Review
decisions, shall be amended as follows:
26.412.040.8. Appeals, Notice to City Council, and Call-Up
1. Appeals. An applicant aggrieved by a determination made by the Community
Development Director, the Planning and Zoning Commission or the Historic Preservation
Commission, as applicable, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Chapter 26.316, Appeals.
2. Notice to City Council. Following the adoption of a resolution approving or
approving with conditions a development application for Ceonceptual Ddesign, the City
Council shall be promptly notified of the action to allow the City Council an opportunity
to avail itself of the call-up procedure set forth below. Notification shall consist of a
description in written and graphic form of the project with a copy of the approving
document. Also see appeal procedures, Section 26.412.090 below.
3. Call-up. Following the adoption of a resolution approving or approving with
conditions a development application for Commercial Design Review, the City Council
may order call-up of the action within thirty (30) days of the decision, action or
determination. Consequently, ~~plications for Final Desi~m shall not be accepted by the
City and no associated permits e-at~-shall be issued during the thirty-day call-up period. If
City Council exercises this call-up provision, no applications for Final Design shall be
accepted by the City and no associated perniits shall be issued until the City- Council
takes action as described in subsection 26.412.040.8.4. If the City Council does not call
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proposed de novo amendment
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up the action within the call-up period, the resolution shall be the final decision oii the
matter.
~. City Council action on call-up. The City Council shall. at a public meeting,
consider the application cle no~~o. en--the-reEe~l-e~~~l~ed~e€ere-tl~° D'°~-~~~R ~~~'
Z ~^,,,.,,;~r• u:~+^.a„ n..ese~~ien--Ee~x~is~ie~--asr~ap~p~ie~ble-The City
Council may at its discretion consider evidence included in the record established by the
Historic Preservation Commission or Planning and Zoning Commission, as applicable, or
supplement the record with additional evidence or testimony as necessary. The City
Council shall conduct its review of the application under the same process and
requirements applicable to the reviewin~7w. : i~'~1--an~~h~ee~e~~
cvrrarn~rtic3cr-mrlc~~ ~3efe-}'s-a~ii~~t-tliefe-«~s- c~~e~it~e~-~-tt° r *''°
~~re~eeed ,.;°~'~etierr-e~-abt~~ed-its ~i•se-~e~tre~r. -The City Council shall
take such action as i_ts deemsed necessary *^ ~°m°~'~~ °°~~' °~*~•°*~^~, including but not
limited to:
a. Accepting the decision.
ab. Reversing or amending the decision.
bc. Altering the conditions of approval.
ed. Remanding the application to the applicable Commission for rehearing. (Ord. No.
13, 2007, § 1)
e. Continuinu the meetine to request additional evidence.. analysis, or testimony as
necessary to conclude the call-up review
Section 3: Section 26.415.070.D.3 -Conceptual Development Plan Review, which
section describes the process for Review and approval of Conceptual Development Plans
by the Historic Preservation Commission, shall be amended as follows:
26.415.070.D.3. Conceptual Development Plan Review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements and predominant site
characteristics.
(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their
form, including their height, massing, scale, proportions and roof plan; and the
primary features of all elevations.
PZ Resolution #
proposed de novo amendment
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(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context
surrounding the designated historic property or historic district including at
least one (1) of the following: diagrams, maps, photographs, models or
streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential
design standards or a written request for a variance from any standard that is
not being met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and
a public hearing before the HPC shall be scheduled. Notice of the hearing
shall be provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
(4) A resolution of the HPC action shall be forwarded to the City Council in
accordance with Section 26.415.120 -Appeals, notice to City Council, and
action as described in said section.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval
of a major development project or permission to proceed with the
development. Such authorization shall only constitute authorization to
proceed with the preparation of an application for a final development plan.
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proposed de novo amendment
Page 5 of 7
(2) Approval of a conceptual development plan shall be binding upon HPC in
regards to the location and form of the envelope of the structure(s) and/or
addition(s) as depicted in the conceptual plan application including its height,
scale, massing and proportions. No changes will be made to this aspect of the
proposed development by the HPC as part of their review of the final
development plan unless agreed to by the applicant. If the applicant chooses
to makes substantial amendments to the conceptual design after it has been
approved, a new conceptual development plan approval shall be
requiredpursuant to Section 26.11 ~.070.D.3.-
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual
development plan. Failure to file such an application within this time period
shall render null and void the approval of the conceptual development plan.
The Community Development Director may C7rant an extension of this
applicant. The Historic Preservation Commission may, at its sole discretion
and for good cause shown, grant aone-time extension of the expiration date
for a conceptual development plan approval for up to six (6) months provided
a written request for extension is received no less than thirty (30) days prior to
the expiration date.
Section 4: Section 26.415.070.D.4 -Final Development Plan Review, which section
describes the process for Review and approval of Final Development Plans by the
Historic Preservation Commission, shall be amended as follows:
26.415.070.D.4. Final Development Plan Review.
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and/or addition(s) included as part
of the development at 1 /4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
PZ Resolution #
proposed de novo amendment
Page6of7
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided
pursuant to Paragraphs 26.304.060.E.3.a, band c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a
certificate of appropriateness and the Community Development Director shall
issue a development order.
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(mil) Before an application for a building permit can be submitted, a final set of
plans reflecting any or all required changes by the HPC or City Council must
be on file with the City. Any conditions of approval or outstanding issues
which must be addressed in the field or at a later time shall be noted on the
plans.
FINALLY, adopted, passed and approved this day of , 2008.
LJ Erspamer, Chairman
Attest:
Jackie, Lothian, City Clerk
Approved as to form:
James R. True, Special Counsel
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Exhibit A
Sec. 26.310.040. Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the Official
Zone District Map, the City Council and the Planning and Zoning Commission shall
consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this Title.
Staff Response: The proposed amendment is not in conflict with any applicable portions
of the Municipal Code. It will provide another layer of checks and balances to the
development review process by authorizing Council to call up and review applications de
novo.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Community Plan.
Staff Response: The proposed amendment provides Council with more flexibility
regarding future development applications and their compliance with review criteria and
community goals. However, Staff finds that the proposed amendment is not completely
consistent with all elements of the Aspen Area Community Plan which states that "we
must allow change without restrictive rules dictating a level of conformity that stifles
community creativity. The excessive body of regulations must not keep expanding and
many should be reconsidered." The AACP suggests that "rather than creating new rules
community members should creatively solve problems." Staff finds that the proposed
amendment may potentially introduce unpredictability for land use applicants, but it may
also provide the community with a more balanced application at the conclusion of the
entire process.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Response: n/a..
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Response: n/a..
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities and whether and the extent to which the
proposed amendment would exceed the capacity of such public facilities
including, but not limited to, transportation facilities, sewage facilities,
water supply, parks, drainage, schools and emergency medical facilities.
Staff Response: n/a.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Resnonse: n/a.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City.
Staff Response: n/a.
H Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Staff Resnonse: n/a.
I Whether the proposed amendment would be in conflict with the public
interest and whether it is in harmony with the purpose and intent of this
Title.
Staff: The purpose of the code amendment is to improve the checks and
balances system for new development by authorizing Council to call up and review a
project de novo. It will increase the probability that an application meets the review
criteria in the Code and complies with the goals of the community. On the other hand,
expanding Council's purview over projects that are approved by the HPC or P & Z may
create unpredictability within the review process, which may be in conflict with the
public interest.
HPC resolution with adopted changes
EXHIBIT B
RESOLUTION No. 13
(Series of 2009)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW: 26.415.120 -APPEALS, NOTICE TO
CITY COUNCIL AND CALL UP; 26.412.040.B -APPEALS, NOTICE TO CITY
COUNCIL AND CALL UP; 26.415.070.D.3 -CONCEPTUAL DEVELOPMENT
PLAN REVIEW; 26.415.070.D.4 -FINAL DEVELOPMENT PLAN REVIEW.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of
Aspen Land Use Code, the Director of the Community Development Department
initiated amendments to the Land Use Code related to the provisions for City Council
"call-up" review of Conceptual Review approvals granted by the Historic Preservation
Commission and the Planning and Zoning Commission; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended denial of
the proposed amendments to the City of Aspen Land Use Code Sections 26.415.120 -
Appeals, notice to City Council and call up; 26.412.040.B -Appeals, notice to City
Council and call up; 26.415.070.D.3 - Conceptual Development Plan Review;
26.415.070.D.4 -Final Development Plan Review, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen
Area Community Plan which, in part, calls to "retain and encourage an eclectic mix of
design styles and to maintain and enhance the special chazacter of our community"; and,
WHEREAS, during a duly noticed public hearing on April 8, 2009, the Historic
Preservation Commission recommended that City Council approve amendments to the
text of Sections 26.415.120 -Appeals, notice to City Council and call up; 26.412.040.B -
Appeals, notice to City Council and call up; 26.415.070.D.3 -Conceptual Development
Plan Review; 26.415.070.D.4 -Final Development Plan Review, as described herein, by
a 6 - 0 vote; and,
WHEREAS, the Aspen Historic Preservation Commission finds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan; and,
HPC resolution with adopted changes
Exhibit B
Page 1 of 8
HPC resolution with adopted changes
EXHIBIT B
WHEREAS, the Aspen Historic Preservation Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text unaffected is black and in standard print and looks like this.
red-u~--s~r;~lEet#ret~gh--arrd--leek-s~Fe-tl~~-Text hein~~ added to the code is red with
underline and looks like this.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
HISTORIC PRESERVATION COMMISSION as follows:
Section 1: Section 26.415.120 -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council "call-up" of Historic Preservation
Commission decisions, shall be amended as follows:
26.415.120. Appeals, Notice to City Council, and Call-Up.
A. Appeal. Any action by the HPC in approving, approving with conditions or
disapproving a development order and an associated certificate of appropriateness for
major development, demolition approval or relocation approval may be appealed to the
City Council by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notice to City Council. Following the adoption of a resolution approving,
approving with conditions or disapproving a Conceptual Ddevelopment Plan application
for a certificate of appropriateness for major development, demolition approval or
relocation approval of a designated property, the HPC shall promptly notify the City
Council of its action to allow the City Council an opportunity to avail itself of the call-up
procedure set forth in Subsection 26.415.120.0 and D. Notification shall consist of a
description in written and ~~raphic form of the proiect with a copy of the approving
document.
C. Call-up. The City Council may order call up of any action taken by the HPC as
described in Section 26.415.070 within thirty (30) days of the decision, action or
determination. Consequently, applications for Final Development Plan Review shall not
be accepted by the City and no associated permits c-a~-shall be issued during the thirty
(30) day call-up period. If City Council exercises this call-up provision, no applications
26.415.120.D. If the City Council does not call up the action within the call-up period,
the resolution of HPC shall be the final decision on the matter.
D. City Council action on appeal or call-up. The City Council shall. at a public
meetin~~, consider the application ^~ *'~° ~° ~ra °~*~'~'~~'~°'' ~°+~~° *~,° uDrde novo. The
City Council mav. at its discretion. consider evidence included in the record established
by the Historic Preservation Commission or supplement the record with additional
HPC resolution with adopted changes
Exhibit B
Page 2 of 8
HPC resolution with adopted changes
EXHIBIT B
evidence or testimony as necessary. The City Council shall conduct its review of the
application under the same process and requirements applicable to the reviewing body.
. The City
Council shall take such action as i_ts deemsed necessary-t~e-r-~ a~~ °~~a °~t~~°t°n~,
including, but not limited to:
1. Accepting the decision.
~ o „ too a~~ r ll
r ^ ~ *~ n Ai .1HTYA112L
G
~2. Remanding the application to the HPC for rehearing. (Ord. No. 1-2002, § 7
[part]; Ord. No. 52-2003, § 10)
Section 2: Section 26.412.040.B. -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council ``call-up" of Commercial Design Review
decisions, shall be amended as follows:
26.412.040.B. Appeals, Notice to City Council, and Call-Up.
1. Appeals. An applicant aggrieved by a determination made by the Community
Development Director, the Planning and Zoning Commission or the Historic Preservation
Commission, as applicable, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Chapter 26.316, Appeals.
2. Notice to City Council. Following the adoption of a resolution approving or
approving with conditions a development application for Csonceptual Ddesign, the City
Council shall be promptly notified of the action to allow the City Council an opportunity
to avail itself of the call-up procedure set forth below. Notification shall consist of a
description in written and graphic form of the project with a copy of the approving
document. Also see appeal procedures, Section 26.412.090 below.
3. Call-up. Following the adoption of a resolution approving or approving with
conditions a development application for Commercial Design Review, the City Council
may order call-up of the action within thirty (30) days of the decision, action or
determination. Consequently, applications for Final Design shall not be accepted by the
Cited no associated permits c-art-shall be issued during the thirty-day call-up period. If
City Council e~erciscs this call-u~provision no applications for Final Desi<~n shall be
accepted by the City and no associated~ermits shall he issued until the City Council
takes action as described in subsection 26.412.040.B.4. If the City Council does not call
HPC resolution with adopted changes
Exhibit B
Page 3 of 8
HPC resolution with adopted changes
EXHIBIT B
up the action within the call-up period, the resolution shall be the final decision on the
matter.
-l. City Council action on call-up. The City Council shall. at a public meeting,
consider the application ale noro. ~t-he--Tesc~~~t~isl~eEl-~e€eTe-~ A'°^~~~^ °^~'
-~ r u•~~„ Pr° ° .,t•^ C^ ~:^., ....~:.,~.~° The City
..,......~ ..,.. --------- ------ ~.. err-------__.
Council may at its discretion consider evidence included in the record established by the
Historic Preservation Commission or Planni~ and Zoning Commission, as applicable, or
supplement the record with additional evidence or testimony as necessary. The City
Council shall conduct its review of the application under the same process and
requirements applicable to the reviewing body. " " "~{'"" *'' =d~~-e€~#e
~ °a°a ~*~ ~ ~~~~°*~^^ ^r ~°a :*° a~°°-°*~^^. The City Council shall
take such action as its deemsed necessary *^ r ~°~'•r ~~:a ~;*~~°*~"^, including but not
limited to:
a. Accepting the decision.
II.
b.e.Remanding the application to the applicable Commission for rehearing. (Ord. No.
13, 2007, § 1)
c. Continuing the meeting to request additional evidence,- analysis, or testimony as
necessary to conclude the call-up review
Section 3: Section 26.415.070.D.3 -Conceptual Development Plan Review, which
section describes the process for Review and approval of Conceptual Development Plans
by the Historic Preservation Commission, shall be amended as follows:
26.415.070.D.3. Conceptual Development Plan Review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements and predominant site
characteristics.
(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their
form, including their height, massing, scale, proportions and roof plan; and the
primary features of all elevations.
HPC resolution with adopted changes
Exhibit B
Page4of8
HPC resolution with adopted changes
EXHIBIT B
(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context
surrounding the designated historic property or historic district including at
least one (1) of the following: diagrams, maps, photographs, models or
streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential
design standards or a written request for a variance from any standard that is
not being met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and
a public hearing before the HPC shall be scheduled. Notice of the hearing
shall be provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
(4) A resolution of the HPC action shall be forwarded to the City Council in
accordance with Section 26.415.120 -Appeals, notice to City Council, and
call-u~ No applications for Final Development Plan shall be accepted by the
City and no associated permits shall be issued until the City Council takes
action as described in said section.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval
of a major development project or permission to proceed with the
development. Such authorization shall only constitute authorization to
proceed with the preparation of an application for a final development plan.
HPC resolution with adopted changes
Exhibit B
Page 5 of 8
HPC resolution with adopted changes
EXHIBIT B
(2) Approval of a conceptual development plan shall be binding upon HPC in
regards to the location and form of the envelope of the structure(s) and/or
addition(s) as depicted in the conceptual plan application including its height,
scale, massing and proportions. No changes will be made to this aspect of the
proposed development by the HPC as part of their review of the final
development plan unless agreed to by the applicant. If the applicant chooses
to makes substantial amendments to the conceptual design after it has been
approved, a new conceptual development plan ~-~proval shall be
requiredpursuant to Section 26.41 ~.070.D.3.:
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual
development plan. Failure to file such an application within this time period
shall render null and void the approval of the conceptual development plan.
The Community Development Director may ;?rant an extension of this
limitation if the delay has been caused by the application. requiring additional
reviews or similar delays that could not hay e been reasonably predicted by the
applicant. The Historic Preservation Commission may, at its sole discretion
and for good cause shown, grant aone-time extension of the expiration date
for a conceptual development plan approval for up to six (6) months provided
a written request for extension is received no less than thirty (30) days prior to
the expiration date.
Section 4: Section 26.415.070.D.4 -Final Development Plan Review, which section
describes the process for Review and approval of Final Development Plans by the
Historic Preservation Commission, shall be amended as follows:
26.415.070.D.4. Final Development Plan Review.
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and/or addition(s) included as part
of the development at 1 /4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
HPC resolution with adopted changes
Exhibit B
Page 6 of 8
HPC resolution with adopted changes
EXHIBIT B
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided
pursuant to Paragraphs 26.304.060.E.3.a, band c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a
certificate of appropriateness and the Community Development Director shall
issue a development order.
~^\~i rC3v-~rcrtietrv-t~2f.~iP~ztEt~te~ 3vk"l~m--vim ~ •.•,••,,-rlo.7 r,. .4,o r:r~, !',.,,,,..;~
uEEArc`~itrnc~~ri`i*ci~vcct~26r~~-4r~.~-r~irE~:--r"r9-pE'rirri~`1"lzri--v° ~`I
n n
!'~.,,,.,..:1 1,.~~ o :rnli
(~4) Before an application for a building permit can be submitted, a final set of
plans reflecting any or all required changes by the HPC or City Council must
be on file with the City. Any conditions of approval or outstanding issues
which must be addressed in the field or at a later time shall be noted on the
plans.
Section 5:
A public hearing on the Resolution was held on the 8`" day of April, 2009, at 5:00
p.m. in the Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
FINALLY, adopted, passed and approved this 8th day of April, 2009.
Michael Hoffman, Chairman
HPC resolution with adopted changes
Exhibit B
Page 7 of 8
HPC resolution with adopted changes
EXHIBIT B
Attest:
Kathy Strickland City Clerk
Approved as to form:
James R. True, Special Counsel
HPC resolution with adopted changes
Exhibit B
Page 8 of 8
ASPEN HISTORIC PRESERVATION COMMISSION exn~n~c c
MINUTES OF APRIL 8 2009
Jay asked if CDOT wanted to make major changes would they come before
the HPC.
Jim True, Specia] Counsel said theoretically the state highway would be the
applicant and if they came before the HPC requesting median strips for a
safety issue and HPC said no we would have somewhat of a dilemma.
Chances aze they would have the power to go ahead and do it when it
involves a safety issue but in general the State would defer to local
governments.
Sara said in general HPC made two changes; to include alleys in the Main
Street Historic District and to add the term temporary structure to Section 3.
Chairperson, Michael Hoffman opened the public hearing. There were no
public comments. The public hearing section of the agenda item was closed.
MOTION.• Ann made the motion to accept the changes proposed by HPC as
Sara has documented; second by Brian. All in favor, motion carried.
De Novo Review by Council on Appeals of HPC Decision.
Sara said this code amendment has to deal with the call up procedures that
we currently have. Right now City Council can call up design decisions by
HPC or P&Z such as major development and commercial design review.
Right now when it is called up it is based on the record. They would be
looking for a finding as to whether the review board denied due process,
exceeded its jurisdiction or abused its discretion. Council directed staff to
propose a code amendment that would change the type of review that
council can use when they call up a design project. They want to change it
to be a content based review which we cal] a De Novo review. De Novo
means basically that you would start from the beginning; such as what is the
height, what type of windows etc. They would not be just looking at
whether or not the correct proceeding was followed in the hearing. Boulder
and Telluride use this system. On one hand it provides another layer of
checks and balances but on the other hand the Community Development
staff feels it creates just another level of uncertainty to applicants such as is
my project going to get called up and will I have to change all the work that
I did with HPC already. We are concerned how that conflicts with the goals
6
ASPEN HISTORIC PRESERVATION COMMISSION exn~b~~ c
MINUTES OF APRIL 8 2009
of the AACP to have a clear review process and the goals of the community.
Major Development and Commercial Design review would be effected.
Michael asked what is the problem that this language is solving.
Chris Bendon, Community Development Director: From time to time
projects get called up to City Council and it is usually because the owner
didn't like the decision of HPC or P&Z. Their review is strictly limited to
procedural review. An example would be Council looks at the project and
agrees that I-IPC made the wrong decision but HPC did not exceed its
jurisdiction. Council would have to say that HPC did their job incorrectly
and that is tough for Council to do. The opposite extreme would be the De
Novo review which means anything can go up to city council. Staff feels
there could be a lot more callups. My fear is that council becomes the
pseudo P&Z and [-IPC in addition to their normal council responsibilities.
We agree at some level but feel there should be discussion about the merits
of the board's decision at some level. This might be a little too strong of a
delegation. We do feel that the delegation ought to be something with an
oversite such that if there is a call up that their review would be a little less.
First they would review the merits of their decision. Instead of taking on the
decision authority they should remand it back to HPC with direction. This
might not be the most palatable thing council wants to hear but this is what
we are proposing to them.
Sarah said she is 100% in favor of Chris's recommendation. It is unfair of
Council to take on a review of a project without the background that we
have. It is also putting them in a precarious situation where it will allow
every vocal person in our community to be the direct line to them and the
pressure to call up every item. It should go back to the commission for
restudy based on certain criteria.
Michael said that is not the language we have now. Chris said we need to
eliminate certain sections in 26.412.040 B. There should be a venue to talk
about the merits of the decision and the remand.
Jay said he is concerned about the integrity of the HPC.
7
ASPEN HISTORIC PRESERVATION COMMISSION exn~m~ c
MINUTES OF APRIL 8 2009
Ann said it doesn't take away our integrity. We are appointed by council
and if they disagree with what we are doing we need to hear back from
them.
Brian said the Wheeler is a great example. If we make a decision that the
community is against the decision then can sit on the elected official's
shoulders.
Sarah explained that most projects do go to city council that are affecting
dimensional requirements and there is a process in place. What Chris
suggested is a good medium respecting city council.
Jay said by meeting them half way is a good recommendation.
MOTION.• Ann moved to support the changes suggested by Chris Bendon
with the deletion of b and c; second by Brian. Ann and Brian withdrew their
motion.
Amy said HPC should not underestimate their authority with a review
process of multiple layers.
Nora said with the code revision an applicant will says it doesn't matter what
HPC says we'll just go back to city council.
Jay said the code should say that HPC is final unless there is a procedural
issue.
Michael said as it stands right now the call up review is a review of the
record. If we make a mistake council will correct it. The new proposal is to
create a ping pong effect.
Amy said possibly the call back should be eliminated to commercial and
public projects rather than single family home projects.
Chris said if a project goes off its rails it will go to city council.
Michael said in reality projects get called up for political reasons such as the
Bidwell project.
ASPEN HISTORIC PRESERVATION COMMISSION exn~m~ c
MINUTES OF APRILS 2009
Chris said he is trying to avoid that the basis is a political reason to get
called up. I want the basis of the criticism to be a political basis and then
remand it back to the board that has the authority, respect and knowledge of
the history to take a second look at their decision. They need to be really
sure about their decision.
Jay said he will only support the way it is now. You can't keep sending
back things until HPC changes its vote. How many call ups can a project
have.
Nora said why wouldn't something come back to us to fix.
Michael said he can agree with the pink pong effect.
Sarah said this could open a can of worms and it sits in the hands of city
council. Brian said HPC is very thoughtful in the way they make their
decisions.
Chris said you might make a motion to not change the code at all and see
how that goes and then if the code is going to change which of these
suggestions does council prefer.
Jay said he would be open to the idea that a call up is a joint public meeting
with council and the appropriate board. HPC members agreed. Jay said that
way the sensitivity of historic preservation is at the meeting and our voice is
being heard.
Sarah asked if other cities have seen more call ups. Sara said Boulder has
not seen many.
Chris said if it was a joint meeting council would be in the appeal position
and that might not work procedurally.
Amy said you are also making them the decision makers which are what we
were trying to avoid making it remanded back to HPC.
Chris said he likes the remand.
Exhibit C
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF APRIL 8 2009
Sarah pointed out that council doesn't have to do the remand; they can stick
with an HPC decision.
Ann said her motion was to support what Chris Bendon discussed.
Chris said was written there are 5 options for city council. I am proposing
that we leave I, remove 2 and 3 and leave 4 and 5.
Sarah said for clarification we are removing 2 and 3 and b and c.
MOTION.• Ann made the motion to delete l and 3 of 26.412.0408 and leave
4 and S. Also delete b,c of section 2. Motion second by Sarah.
Sarah said if we say the language is OK the way it is and we like the review
process the way it is, does it matter and are we hurting ourselves.
Chris said this language and the ability to remand it is a more appealing
option and an easier out than what we have now.
Ann said she feels it appropriate that council work with the HPC and our
decisions and support our decisions.
Sarah said her concern is the cyclical burecratic cycle process that gets
expensive and time consuming. Is the change creating a new cycle?
Michael said that is his concern also.
Chris said there is no way to write a code that you get out of those things.
Every now and then there will be a project that gets under the citizens skin.
Sarah asked if there is a way to state that the remand needs to go with clear
direction to the appropriate board.
Chris said he thinks the board will get it one way or another.
Jim said if council remands with a direction then the board would have to
think about it.
to
Exhibit C
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF APRIL 8.2009
Amy said we used to have an annual work session with council and maybe
the boards should talk to council and determine everyone's concerns.
Jay said if changes are going to be made I would like to have a say in it and
be a part of the change. I would be in favor of getting rid of b, c.
Roll call vote on the motion: Brian, yes; Nora, yes; Ann, yes; Jay, yes;
Sarah, yes; Michael, yes.
Discussion of Ordinance #48 process
Amy said the parameters that we have now which is a demolition delay
process where at least we have the ability to say here are some important
properties and in the past we had no authority over them and now we can
either say they are important or not important, can we talk and figure out a
solution so we don't lose the historic resource.
Sara said a permit comes in for a property on the list and we review it and
determine if it is going to compromise or have an adverse impact on what
we think are the character defining features. If it does then it will go through
the negotiation process. If it is a re-roof with the same material they can go
forward with the permit. There wouldn't be anything to discuss.
Jim True said theoretically HPC would want the property preserved or not.
The decision of HPC goes to council.
Brian said the question of H PC is should we be looking at the incentives or
look at the resource with blinders on.
Amy said during the ordinance #48 process you have given up control. Ann
said that is why things are getting muddled because we are scared about
what council may give. We don't know how to give council the message
such as the property is important but not important enough to grant all of the
incentives the applicant is asking for.
Jim said you can say that in your motion.
Exhibit C
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF APRIL 8 2009
Chris Bendon said you need to give council as much guidance as you can. If
it feels there are too many requests of the applicant then break it up into
smaller pieces and rank them.
Amy said you can give all kind of detail in your motions to council. HPC
needs to be comfortable with your decision. The property is before you
because we may or may not lose the resource.
Jay said it is difficult when the applicant wants a lot.
Chris said if you identify each request and rate it that gives Council a lot to
go on and they know where HPC stands.
Michael said for example the request is fora 500 square foot bonus. The
problem is that we don't know how that bonus is going to be used.
Jim said under ordinance #48 you can rank the importance or analyze it by
detail. I feel council wants you to do more.
Michael said it would be helpful if staffgave us the range of benefits being
considered in a particular application.
Sarah said she doesn't feel comfortable and possibly we don't have a]] the
information. It is hard to rank a property whether it should be land marked
and we need to keep it as objective as possible. We need to say why it is a
particular rating.
Jay said I like the fact that we have the ability to make a decision.
Sara said for Modem Chalet we don't have a context paper but we have
criteria.
Amy said up until ordinance #48 we had no protection on these properties.
You are seeing the middle scoring properties coming before you not the
# 10's.
Jay said we as a board should determine whether or not the property is worth
talking about in a motion. Then out of the long list we can go through each
item.
]2
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF APRIL 8, 2009
Exhibit C
Nora said by the time the applicant gets their 16 things and we have
compromised, where is the integrity of what we started? How do we know
or not know that the 16 things will affect the integrity of the historic
property.
Ann said it is also the fear of picking and choosing and you don't know the
combination.
Chris said for example you can say you are unsure about the 500 square feet
unless you show us how you are going to add it because we don't know
where it is going.
MOTION: Jay moved to adjourn; second by Nora. All in favor, motion
carried.
Meeting adjourned at 8:35 p.m.
Kathlee J. Strickland, Chief Deputy Clerk
~~~~ ~~
13
MEMORANDUM ~~
TO: Aspen Planning and Zoning Commission /~
FROM: Chris Bendon, Community Development Director / 7A
Drew Alexander, Planner Technician ~./~ ~
RE: Land Use Code Amendments -Resolution No. _, Series 2009 -Public Hearin¢
Temporary Outdoor Food Vending
signage
Public Amenity Space
Expiration of Development Orders
MEETING
DATE: December 15, 2009
SUMMARY:
The City of Aspen Community Development Department has initiated amendments to the
Aspen Land Use Code in the areas of outdoor merchandising, temporary food vending,
signage, and the expiration of development orders.
Staff would like to move forwazd with three of the items -outdoor merchandising,
temporazy food vending, and development orders. Staff would like some general
feedback on signage, but does not have any specific text to review with the Commission.
2009 was a very active yeaz for outdoor merchandising and food vending. The noticeably
large influx in temporazy food vending permits and signage could have simply been trend
or a direct result of the current economic recession. This increase in activity made light
of several issues that were not corresponding with the expectations of the code. In
September, City Council held a work session with Community Development to determine
which azeas of signage, outdoor merchandising, and temporazy food vending needed
more flexibility or enforcement. The direction from the work session has assisted in the
creation of these proposed Land Use Code amendments.
Staff feels that the proposed resolution addresses the desires of the community and the
feedback given at the Council work session. The new language in the Land Use Code
regarding merchandising, signage and food vending offers a new direction with an
emphasis on fairness and increased vitality.
With respect to Development Orders, the current code requires issuance of a building
permit within the vesting period. Staff believes a landowner's requirement should be to
submit a complete permit application within the vesting period and that the timing for
reviewing and issuing a permit is outside a landowner's control.
Staff recommends the Commission recommend adoption of the proposed code
amendments.
MAIN ISSUES:
1.) Temporary Food Vending: City Council and Community Development staff were in
agreement that more flexibility and choices for individuals pursuing a food vending cart
permit would aid in adding vitality to the downtown. The proposed code language still
maintains mazket fairness in the community between outdoor food vendors and those that
pay interior rents. The changes to code include location, duration and signage revisions.
Location: The proposed code language allows for food vending carts to operate in new
locations. The first of these azeas is the Commercial Lodge (CL) zone district and
Gondola Plaza. These areas occupy a portion of the base of Aspen Mountain and include
properties such as Aspen Squaze, Residences at Little Nell, and the North of Nell.
The second proposed location includes the interior arcade malls within properties in the
Commercial Core (CC) and the Commercial Lodge (CL) zone districts. Vending carts
located in azcades must obtain property owner consent and from all businesses who have
access along the arcade.
The proposed location language additionally states that the operator is limited to one
location and the cart shall be installed and not intended to move on a day-to-day basis.
Duration: Currently, temporary food vending permits are allowed to operate on a six
month basis. The code does not specify whether or not this is within an annual yeaz, or if
the operator can stop vending for one day and then begin operating again for another six
months. The proposed code language allows for vendors to receive a yeazlong permit,
starting May 15 and ending May 14. When the year duration has expired, the operator is
subject to review and resubmittal of fees. If the vendor is deemed noncompliant with the
code the permit may be revoked.
signage: The proposed code language exempts food vending cart signage from those
requirements found within Land Use Code Section 26.510, Signs. This exemption does
not include the section on Prohibited Signs found within that Chapter. The size of the
sign shall be the lesser of fifty percent (50%) of the surface azea of the front of the cart, or
eight (8) Squaze feet. The sign shall be painted on or affixed to the cart. Any logos,
lettering, or signage on umbrellas or canopies counts towazds this calculation. Food carts
in locations that have no visibility along the public right-of--way shall be allowed one
sandwich board sign in accordance with the regulations found within Section
26.510.130.D.e.
2.) Outdoor Mercl:andising/Restaurant Seating in Public Amenity Space: The main
concern with outdoor merchandising is that the code prohibits it from occurring, yet it is
commonplace throughout town. Most of the activity includes clothing, sportsweaz,
bicycles, or artwork. City Council informed staff that they believed the current amount
of outdoor merchandising was acceptable, but that the code needed to have some control.
The proposed code language now allows for outdoor merchandising in public amenity
space or private space. Additionally, this language requires that outdoor merchandising
be in front of or proximate to the storefront it is associated with. The merchandising
must be associated with a commercial use on the same parcel. The code language also
prohibits the installation of umbrellas, retractable canopies, or similaz devices in
conjunction with outdoor merchandising displays.
3.) Signage: Signage remains an azea that needs additional discussion. At the Council work
session, the idea of having more flexibility and an easier system of enforcement was
favored. Staff has several ideas of how to achieve this, including adjusting the method of
allotting Signage to businesses. However, the Signage code is extremely interconnected,
and a change to one Section could possibly require a change to all.
Some of the main areas to discuss would be:
• Prohibited signs
• Sign measurement
• Aggregate allotment system
• Signs by use
Portable (or sandwich boazd) signs aze an azea of the code that doesn't necessazily require
language amendments, but rather an increase in enforcment. The amount of portable
signs in the city became overwhelming in some azeas, primarily due to the type of
businesses using this type of sign. The current code prohibits any use other than
restaurant or retail from utilizing a portable sign. Many office uses (real estate offices,
medical offices, etc.) were using portable signs, and City Council has recommended a
more strict enforcement on these signs in 2010.
The final azea of the sign code with proposed language is that regazding signs (banners
and flags) on Main Street light posts. The proposed language addresses some repetition
that existed between the Purpose and Eligibility portions of this Section. No
requirements or review standards have been altered.
4.) Development Orders and Building Permits. The proposed amendments for these two
sections address the "action" that is expected of a landowner within the period of
statutory vested rights. The code currently requires the application receive a building
permit. Given two issues -the time necessary to review permits and the phasing of
building permits, staff is proposing amendments. Staff believes it is fairer to require the
submission of a complete permit application. This is entirely within the control of the
applicant and does not rely on the City's timely processing.
Staff also has proposed revisions to the Building Permit section. This section details the
steps to obtain a permit and includes language inconsistent with the long-standing
process for reviewing and issuing permits.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
The Planning and Zoning Commission has not previously considered this Resolution.
Work sessions were held with CCLC and City Council in addition to a survey that was
distributed by ACRA to local retailers. The survey questioned retailers on their reaction
to the current environment of food vending, outdoor merchandising, sandwich board
signs, and outdoor restaurant seating. The works sessions and direction from the survey
resulted in staff direction to initiate these code amendments.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council to approve, approve with conditions, or deny the application.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission recommend approval of the
City-initiated amendments to Temporary Food Vending, Public Amenity, Signage, and
Expiration of Development Orders as described in Resolutions- and , Series of
2009.
RECOMMENDED MOTION:
"I move to approve PZ-Resolution _, Series of 2009 recommending approval of the
amendments to Temporary Food Vending, Public Amenity Space, Main Street banners."
"I move to approve PZ-Resolution _, Series of 2009 recommending approval of the
amendments to Expiration of Development Orders and Building Permits."
ATTACHMENTS:
Exhibit A.1 -Existing text for Development Orders
Exhibit A.2 -Track changes text for Development Orders
Resolution No. _, 2009, for Development Orders
Exhibit B.1-Existing text for Outdoor Vending
Exhibit B.2 -Track changes text for Outdoor Vending
Exhibit C.1 -Existing text for Main Street banners
Exhibit C.2 -Track changes text for Main Street banners
Exhibit D.1 -Existing text for Pedestrian Amenity
Exhibit D.2 -Track changes text for Pedestrian Amenity
Resolution No. 2009, for Outdoor Merchandising, Outdoor Vending, and Main
Street Banners
EXwh;t ~ • l
1. The property owner's name, mailing address and telephone number. >~~ /~~~
2. The street address and legal description of the parcel. ~r. _ ,1~ ~'~
~~ Q
3. A written description of the site specific plan.
4. Identification of the land use approvals received and the date of such approvals. A copy of the
ordinance(s) or resolution(s) shall be attached.
5. The effective date of the development order.
6. A notice disclosing to the applicant the expiration date of the development order and the
availability of a procedure for seeking an extension of the development order pursuant to
Section 26.308.010(C).
C. Effective date of the development order. The effective date of a development order including one
which authorizes allotments under the Growth Management Quota System pursuant to Chapter 26.470,
shall be the date of publication of the notice of the approval of the site specific development plan as set
forth at Section 26.304.070(A).
D. Expiration of development order. The development order shall not expire but shall be subject to
any amendments to the Land Use Code, that have been adopted since the development was approved,
after the period of vested rights has expired. Vested property rights, including allotments received
pursuant to Chapter 26.470, shall expire on the day after the third anniversary of the effective date of
the development order, unless a building permit is approved pursuant to Section 26.304.075, or unless
an exemption or extension of the approval is granted by the City Council pursuant to Section 26.308.
E. Revocation of development order. The approval of a site specific development plan and
subsequent issuance of a development order may be made with or without conditions. Failure to fully
abide by the terms of any of the conditions of approval may result in the revocation of the development
order and all associated vested property rights in accordance with Section 26.308.010(E).
F. Abandonment of application. If an applicant fails to pursue the approval of a site specific
development plan in a timely fashion after filing an application for same, the application shall be
considered abandoned. For purposes of this subsection, failure to pursue the approval of a site specific
development plan in a timely fashion shall mean a failure on the part of the applicant to take any action
with the Community Development Department in furtherance of the application for a period of at least
one year. An abandoned application shall render all previously issued land use approvals which do not
constitute the approval of a site specific development plan void unless the Community Development
Director determines that reinstatement of the application is in the best interests of the City. (Ord. No. 5-
2000 § 6)
City of Aspen Land Use Code. August, 2007
Part 300, Page 14
26.304.075 Building Permit.
A. Application. r
~ 1. Recordation. Prior to the submission of an application for a building permit, all documents
reflecting and memorializing final development approval for which a building permit is
a`~ requested shall be recorded in the Pitkin County Clerk and Recorder's Office. Proof of such
recording shall accompany the building permit application. Documents reflecting or
memorializing final development approval shall include, but not be limited to, a final plat, a
resolution or ordinance granting final development approval, a subdivision or other
improvements agreement, a development agreement, and/or deed restrictions which may be
required as a condition of development approval.
2. Contents. An application for a building permit shall be submitted to the Chief Building Official
on a form prescribed by the Community Development Director. Attached to the application
shall be a copy of the development order (if applicable), an improvements survey performed
within one (1) year of the date of application which the applicant shall certify represents current
site conditions, and a topographic survey for the property certified by a registered land
surveyor. The improvements survey shall include a site plan which conforms to the
requirements set forth at Section 13.20.020(b)(2) for a tree removal permit.
B. Processing. Upon receipt of a completed application, the Chief Building Official shall timely refer
copies of same to the Community Development Department and such other appropriate City staff
and/or departments and outside agencies for review and comments. The application shall be evaluated
to determine whether the proposed development:
1. Complies with the International Building Code and other applicable construction codes;
2. Complies with zoning requirements;
3. Requires, or has satisfied, environmental and utility permitting, including, but not limited to,
water, sewerage, and tree removal;
4. Satisfies all conditions of approval as set forth in the development order.
C. Certificate of development approval compliance. Upon the return and review of all referral
comments to the Chief Building Official, the building permit application and all supporting documents
shall be forwarded to the Community Development Director who shall determine whether the
application and proposed development complies with the commitments, representations and conditions
of any development approvals and/or order for the development, and with all other applicable
requirements of this Title. If the Community Development Director determines that the application is
not complete, does not comply with the requirements of this Title, or does not comply with the
development approval(s) or order for the development, written notice shall be timely provided to the
applicant specifying the deficiencies. No further action shall be taken on the application until all
deficiencies are remedied by the applicant. If and when the applicant cures all deficiencies, the
City of Aspen Land Use Code. August, 2007.
Part 300, Page 15
Community Development Director shall again determine compliance of the application and proposed
development with all applicable regulations and with any development approval(s) and/or order for the
development. If the Community Development Director finds compliance, then a certificate of
development approval compliance shall issue, which certificate shall become part of the building
permit application and be attached thereto.
D. Issuance of Building Permit. Upon the receipt by the Chief Building Official of a certificate of
development approval compliance, the Chief Building Official's determination that all applicatiofl
information is complete and satisfactory, and all outstanding fees are paid, a building permit shall issue.
City of Aspen Land Use Code. August, 2007
Part 300, Page 16
Ejcki'~1EF~2
D. Expiration of development order. The development order shall not expire but ~++p~~~ ~,~
shall be subject to any amendments to the Land Use Code, that have been ~ `""~~~~
adopted since the development was approved, after the period of vested rights has Wyp~
expired. Vested property rights, including allotments received pursuant to //'°' ~~
Chapter 26.470, shall expire on the day after the third (3`d) anniversary of the
effective date of the development order, unless a complete building permit _
application submittal is accepted by the Chief Building Utticial pursuant to ~ Dereted:apprnved
Section 26.304.075 below or unless an exemption or extension of the approval is
granted by the City Council pursuant to Section 26.308.
Sec. 26.304.075. Bu ilding permit.
A. Application.
Recordation and f-ees. Prior to the submission of an application for a building
permit, all documents reflecting and memorializing final development approval
for which a building permit is requested shall be reviewed and approved by the
City of Aspen and recorded in the county clerk and recorder's office. Proof of
such recording shall accompany the building permit application. Documents
reflecting or memorializing final development approval shall include, but not be
limited to, a final plat, a resolution or ordinance granting final development
approval, a subdivision or other improvements agreement, a development
agreement and/or deed restrictions which may be required as a condition of
development approval. Prior to the submission of an application for a huildin~r
hermit, all fees associated with a proiect's land use review shall be paid in full.
Unless otherwise; determined by the Communit~Development Director, the Chief
Building_Official shall not accept building permit applications for which all
documents and agreements have not been recorded or land use review fees have
not been paid.
2,Contents. An application for a building permit shall be submitted to the ~tief--,
E~lilding O ficiaL The application shall include scaled plans, drawing
depictions, studies. and reports sufficient to demonstrate compliance with ~':
applicable codes and regulations of the City of Aspen, codes and regulations of
outside agencies with jurisdiction, and the allowances and limitations of the
Development Order. The application shall be submitted in a form and manner as
prescribed by the Community Development Director, as tnay be amended from
time to time. The application shall be accompanied by the applicable permit
review fees, some or all of «hich may not be refundable upon denial or
withdrawal of the application. Attached to the application shall be a copy of the
development order (if applicable) and n improvements survey ~t~eetin~~ the
standards and regLirements of the City Gn<~inecr what has been prepared and
certified by a registered land surveyor. The improvements survey shall include a
site plan which conforms to the requirements set forth at Subsection 13.20.020(b)
Paragraph (2) for a tree removal permit.
I Deleted: z
Deleted: r --
{ Formatted: Bullets and Numbering
{Dented: b
j Deleted: o
~ Deleted: on a form prescribed by the
Community Development Director.
Deleted: .
Deleted: performed within one (1) yeaz
of the date of application which the
applicant shall certifq represents current
site conditions and a topographic survey
for the property
Deleted: Processing
Deleted: Department
Deleted: and comments
Deleted: ¶
~#>Cmnplies with zoning requirements:¶
Deleted: Requires or has satisfied,
environmental and utility permitting
including, but not limited to, water,
sewerage and tree removal;
Formatted: Bullets and Numberin~
Deleted: 4
Deleted: Satisfies all conditions of
approval as set forth in the deeelopmem
order.
proposed development:
1. Complies with the International Building Code and other applicable construction
codes;
~_.
Development Order and conditions thereon.
4 [s subject to review impact cash-in-lieu dedication permitting or other similar
development fees or taxes. The Chief Buildinf; Official shall provide to the applicant
a summary of such fees to be collected by the City upon issuance of the building
permit, orphases thereof. -~
~f ,the application does not comply with the above enumerated rec~irements, .written-'r
notice shall be timely provided to the applicant specifying the deficiencies. No further
action shall be taken on the application until all deficiencies are remedied by the
applicant. if the a~licant does not address the deficiencies within a reasonable
timeli•ame as determined by the Chief Building_Official, the application shall be denied. t+~
,U~ cured all deficiencies, the ~'hief Building Official shall again review the J`
application for compliance which may again include referring the application to ;'
appropriate City or outside a rend, vies. ~__ _ _______ __ ____________;'~
If the application does comply with the above enumerated reauirelnents, a buildine
permit shall issue upon payment of all applicable City fees and other fees collected by the
City on behalf of outside a eg ncies,
Deleted: Certificate of development
approval compliance. Upon the return
and review of all referral comments m the
chief building otlicial, the building
permit application and all supporting
documents shall be forwarded to the
Community Development Director who
shall determine whether the application
and proposed development complies with
the commitments. representations and
conditions of any deeelopmem approvals
andi'or order for the development and
with all other applicable requirements of
this Title.
Formatted: Bullets and Numbering
Deleted: the Community Development
Director detern»nes that
Deleted: is not complete.
Deleted: reyuirements of this Title or
does not comply with the development
approval{.1 or order for the development.
Deleted: If and when the applicant
Deleted: s
Deleted: Community Development
Director
Deleted: determine compliance of the
application and proposed deeelopmem
with all applicable regulations and with
any deeelopmem approval(s) antL'or order
for the development. If the Community
Development Director finds compliance,
then a certificate of development
approval compliance shall issue, which
certificate shall become part of the
building pcrnrit application and be
attached thereto.
Deleted: ~~'>Issuance of building
permit. Upon the receipt by the chief
building oRicial of a certificate of
development approval compliance, the
Chief Building Official's determination
that all application information is
complete and satisfactory and all
outstanding fires are paid. a building
permit shall issue. (Ord. No. I?, 2" ... I
agencies that have jurisdiction, and the allowances and limitations of the
Development Order Applications found incomplete shall be returned to the
RESOLUTION N0. _
(SERIES OF 2009)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE:
SECTION 26.304.070.D -EXPIRATION OF DEVELOPMENT ORDER AND
SECTION 26.304.075 -BUILDING PERMIT
WHEREAS, the Community Development Director of the City of Aspen. initiated
an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210;
and,
WHEREAS, the amendments requested relate to Section 26.304.070.D -
Expiration of Development Order and Section 26.304.075 -Building Permit, of the Land
Use Code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Director recommended approval of amendments to the above
listed Sections as further described herein; and,
WHEREAS, the Planning and Zoning Commission opened a duly noticed public
hearing to consider the proposed amendments as described herein on December 15, 2009,
took and considered public testimony and the recommendation of the Director and
recommended, by a ~-~ vote, City Council adopt the proposed
amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.304.070.D -Expiration
of Development Order, which section describes time limitations on a Development Order,
to read as follows:
D. Expiration of development order. The development order shall not expire but
shall be subject to any amendments to the Land Use Code, that have been
adopted since the development was approved, after the period of vested rights has
expired. Vested property rights, including allotments received pursuant to
P&Z Reso No. , Series of 2009
Page 1
Chapter 26.470, shall expire on the day after the third (3`d) anniversary of the
effective date of the development order, unless a complete building permit
application submittal is accepted by the Chief Building Official pursuant to
Section 26.304.075 below or unless an exemption or extension of the approval is
granted by the City Council pursuant to Section 26.308.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.304.075 -Building
permit, which section describes the process to obtain a building permit, to read as
follows:
26.304.075. Building Permit.
A. Application.
Recordation and fees. Prior to the submission of an application for a building
permit, all documents reflecting and memorializing final development approval
for which a building permit is requested shall be reviewed and approved by the
City of Aspen and recorded in the county clerk and recorder's office. Proof of
such recording shall accompany the building pennit application. Documents
reflecting or memorializing final development approval shall include, but not be
limited to, a final plat, a resolution or ordinance granting final development
approval, a subdivision or other improvements agreement, a development
agreement and/or deed restrictions which may be required as a condition of
development approval. Prior to the submission of an application for a building
permit, all fees associated with a project's land use review shall be paid in full.
Unless otherwise determined by the Community Development Director, the Chief
Building Official shall not accept building permit applications for which all
documents and agreements have not been recorded or land use review fees have
not been paid.
2. Contents. An application for a building permit shall be submitted to the Chief
Building Official. The application shall include scaled plans, drawings,
depictions, studies, and reports sufficient to demonstrate compliance with
applicable codes and regulations of the City of Aspen, codes and regulations of
outside agencies with jurisdiction, and the allowances and limitations of the
Development Order. The application shall be submitted in a form and manner as
prescribed by the Community Development Director, as may be amended from
time to time. The application shall be accompanied by the applicable permit
review fees, some or all of which may not be refundable upon denial or
withdrawal of the application. Attached to the application shall be a copy of the
development order (if applicable) and an improvements survey meeting the
standazds and requirements of the City Engineer what has been prepared and
P&Z Reso No. _, Series of 2009
Page 2
certified by a registered land surveyor. The improvements survey shall include a
site plan which conforms to the requirements set forth at Subsection 13.20.020(b)
Paragraph (2) for a tree removal permit.
3. Completion Review and Acceptance. The Chief Building Official shall review
the contents of the building permit application for completion in a timely manner.
Applications found complete shall be reviewed for compliance with applicable
codes and regulations of the City of Aspen, codes and regulations of outside
agencies that have jurisdiction, and the allowances and limitations of the
Development Order. Applications found incomplete shall be returned to the
applicant along with all review fees. Partial or incomplete applications shall not
be accepted. Acceptance of a complete application shall not imply compliance or
prohibit the Chief Building Official from requesting additional information or
amendments to the plans in order to determine or achieve compliance.
B. Compliance Review and Issuance. Upon receipt of a completed application, the
Chief Building Official shall timely refer copies of same to the Community Development
Director and such other appropriate City staff and/or departments and outside agencies for
compliance review. The application shall be evaluated to determine whether the
proposed development:
I. Complies with the International Building Code and other applicable construction
codes;
2. Complies with the adopted requirements, specifications, and regulations of the
City of Aspen and outside agencies with jurisdiction;
3. Complies with zoning requirements and the allowances and limitations of the
Development Order and conditions thereon.
4. Is subject to review, impact, cash-in-lieu, dedication, permitting or other similar
development fees or taxes. The Chief Building Official shall provide to the
applicant a summary of such fees to be collected by the City upon issuance of the
building permit, or phases thereof.
If the application does not comply with the above enumerated requirements, written
notice shall be timely provided to the applicant specifying the deficiencies. No further
action shall be taken on the application until all deficiencies are remedied by the
applicant. If the applicant does not address the deficiencies within a reasonable
timeframe, as determined by the Chief Building Official, the application shall be denied.
Upon cure of all deficiencies, the Chief Building Official shall again review the
application for compliance, which may again include referring the application to
appropriate City or outside agencies.
P&Z Reso No. , Series of 2009
Page 3
If the application does comply with the above enumerated requirements, a building permit
shall issue upon payment of all applicable City fees and other fees collected by the City
on behalf of outside agencies.
Section 3:
A public heazing on the Resolution was held on the 15"' day of December , 2009, at 4:30
p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
FINALLY, adopted, passed and approved this day of , 2009.
Attest:
City Clerk
LJ Erspamer, Chair
Approved as to form:
City Attorney
P&Z Reso No. , Series of 2009
Page 4
Exhibit B.1
Temporary Outdoor Food Vending
Revision of Land Use Code:
(Existing Language)
7. Temporary outdoor food vending. A temporazy 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 durations 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 Municipal Code Section 13.08.100, Restaurant Grills.
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 an 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 of the Colorado Revised Statutes or
Chapter 26.308 of this Title. Approvals granted in this subsection 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 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.
Exhibit tai t~
Temporary Outdoor Food Vending
Revision of Land Use Code:
(Redline)
criteria that apalications must be incompliance with:
Deleted: outdoor
Deleted: f
Deleted: ~
Deleted: A temporary use of outdoor food
Multiple vending sites shall not be allowed for an rLsinQle owner or entity. Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at: 1 +
2 The food cart shall be permanently installed and not intended to move on a daily Alignment: Lent + Aligned at: o.~s^ + Indent
at: 0.98"
basis throughout the duration of the permit.
3 The food vending cart shall be placed in a location that does not interfere with
emergency egress or pose a threat to public health, safety and welfare
4 Before a food vending_cart can be ig, n operating, it must receive approval from the
~roperty owner and all adjacent businessest
met then the operator may receive a permit renewal.
c) Fee• "[ he p~rlnit fee for a food vending cart shall be the current fee listed in Land Use
Code Section 26.104.070, Land use application fees.
d) tiire_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.
Deleted: The temporary operation shall be
permitled for a specified penod not to exceed
stx (6J months in durations or as otherwise
limited by a mall lease ¶
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Temporary,~pod Winding. ,I_rlnporary k'ood yend:n~ by a restaurant or rctauer on pnvate
property, private open space or public property that is subject to a mall lease for food
vending or outdoor restaurant seating in [he (iondula f'I.va. Commercial Core (CC) ur
('unuiicrcial I,odec (C'L) "Lone Districts shall be approved, approved with conditions or
denied by the Community Development Director based on the following criteria:
f) 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 Municipal Code Section 13.08.100, Restaurant Grills.
g) At7ur~iuble Ilttusinc 1Vai~rr: 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.
h) The outdoor food vending activities may occur year-round. An application for an 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 of the Colorado Revised Statutes or
Chapter ?6.308 of this Title. Approvals granted in this subsection are subject to
revocation by the City Manager or Community Development Director without requiring
prior notice.
i ~ An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by 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.
- - Deleted: °-'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 m
which the outdoor food vending is associated and
located adjacentto.¶
Formatted: Indent: Lek: 0.5", No bullets or
numbering
Exhibit C.1
Signs on Main St. Light Posts
Revision of Land Use Code:
(Existing Language)
Banners and flags on Main Street light posts.
a. Purpose. Banners and flags hung from light posts on Main Street have traditionally
been permitted to celebrate very special events of community interest. The purpose of these
policies and regulations is to clarify which events may be celebrated and advertised through
the use of banners or flags hung from the City-owned light posts on Main Street. Banners
hung from the Main Street light posts shall be permitted for significant anniversaries
beginning at the organization's tenth (10th) year of local nonprofit organizations and for
prominent local, regional, state or national events. Prominent local, regional, state or national
events shall include recurring annual events or events that are considered significant to a large
segment of the community, The United States, Colorado, Aspen and foreign country flags
shall be permitted at the discretion of the City Manager, Mayor or City Council.
b. Size/number/material. All proposed banners or flags should meet the City's
specifications for size, mounting and material. Banners shall be two feet wide and four feet
high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags
must be made of nylon, plastic or similar material. Paper is not allowed.
c. Content. Banners shall only contain information identifying the event, the date and
time or a simple graphic/logo related to the event. Any commercial advertising shall be
minimized so that any commercial content is not the most prominent information conveyed on
the banner or flag and shall be limited to no more than thirty percent (30%) of the area of the
sign. The City reserves the right to request changes to the design, color or content in order to
assist the applicant to comply with this requirement.
d. Cost/fees/procedures. The cost of installation is outlined in the current fee schedule
set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security
deposit as outlined in the current fee schedule shall be required to assure replacement of
damaged banners and retrieval of the banners from the City (see Section g below for
maintenance requirements). The applicant shall be required to submit an application [o the
City Manager's office showing the dimensions, design and colors of the proposed banners or
flags a[ least three (3) months prior to the event. Flags are required to be delivered to the City
Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility
Department on Fridays at least two (2) weeks prior to their installation.
e. Eligibility. Only applications for significant anniversaries as defined in Subparagraph
26.S10.110.B.4.a of local nonprofit organizations shall be eligible for consideration pursuant
to this policy. All other requests from other organizations or for other types of events shall be
forwarded to City Council.
f. Duration. The display of banners and flags on the Main Street light posts shall not
exceed fourteen (14) days or the duration of the event, whichever is less.
g. Maintenance. Prior to the placement of banners or flags on City street light posts, the
applicant shall provide to the City a number of replacement flags or banners to be determined
by the City. These replacement flags or banners shall be used by the City to replace banners
or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted
from the security deposit. Once banners have been removed, the applicant shall be required to
pick up the banners from the Ciry within three (3) days.
~x~ttQ ~°1` G~
Signs on Main St. Light Posts
Revision of Land Use Code:
(Redline)
4. Banners and flags on Main Street light posts
a. Purpose. Banners and flags hung from light posts on Main Street have _
traditionally been permitted to celebrate special events of community interest. The Deleted:
purpose of these policies and regulations is to clarify which events may be celebrated
and advertised through the use of banners or flags hung from the City-owned light
posts On Main Sireel. , Deleted: Banners hung from the Main Street light ~
posts shall be permitted for significant anniversaries
b. Size/number/material. All proposed banners or flags should meet the City's hegmnmg at the orgamzauon's tenth (10th) year of
specifications for size, mounting and material. Banners shall be two feet wide and local nonprofit organizations and for prominent
local, regional, ,rate or national events. Prominent
four feet high (2' x 4') to be compatible with mounting system on the I Ight posts. IocaL regional, state or national events shall include
Banners and flags must be made of nylon, pIaSUC Or Slml lar material. PapeC IS not recttmng annual events or events that are considered
significant to a large segment of the cnmmumry
allowed. '~ "Ihe United States. Colorado, Aspen and foreign
.country flags shall he permuted at the discretion of
c. Content. Banners shall only contain information identifying the event, the the City Manager. Mayor or City Cowi.:il
date and time or a simple graphic/logo related to the event. Any commercial
advertising shall be minimized so that any commercial content is not the most
prominent information conveyed on the banner or flag and shall be limited to no more
than thirty percent (30%) of the area of the sign. The City reserves the right to request
changes to the design, color or content in order to assist the applicant to comply with
this requirement.
d. Cosbfees/procedures. The cost of installation is outlined in the current fee
schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A
refundable security deposit as outlined in the current fee schedule shall be required to
assure replacement of damaged banners and retrieval of the banners from the City (see
Section g below for maintenance requirements). "I"he applicant shall be required to
submit an application to the City Manager's office showing the dimensions, design
and colors of the proposed banners or flags at least three (3) months prior to the event.
Flags are required to be delivered to the City Parks Department one (1) week prior to
the event. Banners shall be delivered to the Utility Department on Fridays at least two
(2) weeks prior to their installation.
e. Eligibility. Banners hung from the Main Street light posts shall he permitted for
sienificam anniversaries be ig nning at the organization's tenth (10th) year of local
nonprofit contribution and for prominent local, regional, state or national events.
Prominent local, reeional, state or national events shall include recurring annual
events or events that are considered sieniticant to a laree segment of the community.
The lJnited Stags. Colrn~ado. As~x:n fir Il~t~ien rtnnur~ flags shall Ix~~ermitted at the
-- - - --- -- -----
discretion of the Cite M:urt<zer. All other requests from other organizations or for Deleted: only applications for sismificant
other types of events shall be forwarded to City Council. anniversaries as aefinea m subparagraph
26.510 I IoB.4_a of local nonprofit organizations
f. Duration. The display of banners and flags on the Main Street light posts shall be eligible for consideration pursuant to this
p°l,cy
shall not exceed fourteen (14) days or the duration of the event, whichever is less
g. Maintenance. Prior to the placement of banners or flags on City street light- ,Formatted: srd para indent t no
posts, the applicant shall provide to the City a number of replacement flags or banners
to be determined by the City. `T'hese replacement flags or banners shall be used by the
City to replace harmers or flags that are stolen or damaged. The cost of replacing
banners or flags shall be deducted from the security deposit. Once banners have been
removed, the applicant shall be required to pick up the banners from the City within
three (3) days* Ue~eted: ^,
Exhibit D.l
Public Amenity
Revision of Land Use Code:
(Existing Language)
F. Design and operational standards for 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. Oaen 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 area 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 Landmark Sites and Structures or Development within an H, Historic Overlay District. Such
approved structures shall not be considered as floor area 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 areas shall not be used as storage areas, utility/trash service
areas, delivery areas or parking areas 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. Landscapin¢ clan. 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 landscaoine. Whenever the landscaping required herein is not maintained, the
Chief Building Official, after 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 26.470.040.6.3, 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.
1 I. Design guideline 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)
Public Amenity
Revision of Land Use Code:
(Redline)
F. Design and operational standards for public amenity. Public amenity, on all privately owned land
in which public amenity is required, shall comply with the following provisions and limitations:
1. Onen 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 area 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
E[istoric Landmark Sites and Structures or Development within an H. Historic Overlay District. Such
approved structures shall not be considered as floor area 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 areas shall not be used as storage areas, utility/trash service
areas, delivery areas or parking areas or contain structures of any type, except as specifically provided
t'or herein. Vacated rights-of-~vay shall be excluded from public amenity calculations.
5. Urade 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 landscaping. Whenever the landscaping required herein is not maintained, the
Chief Building Ofticial, after 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. Uutd~xx ~-lcrch_a_ndisine. Public amenity areas may be utilized for merchandising purposes by
those buinc~;~~ lucatcd_idjacent to and on the same parcel as the ameniri space. This shall not r~rant
Irgn~i~m sales from peddlers who are not associated with an adjacent commercial operation. In
;ui~iitityt. outdoor merchandising must meet the following_requirement
~) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along
the public right-of-way.
h) 'the size and amount of merchandise allowed is under the discretion of the property owner.
amenity space may be used for commercial
:y vehicle access is maintained. Unilyrclla~,
11. Design guideline compliance. •fhe design of the public amenity shall meet the parameters of the i
Commercial, Lodging and Historic District Design Objectives and Guidelines,
(Ord. No. ~5-2000, §IS; 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)
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Stag at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent at:
0.75"
(]elated: No area of a building sue designated as
requued public amenity space under this Section
shall be used for any commercial aclivny. 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 rs in conjunction
with permitted commercial activity on an ahutung
nght-of•way or rs otherwise permitted by the Cny
For outdoor food vending in the Commercial Core
MOVed down [1]: For outdoor food vending m
~.',~Deleted: Commercial restaurant use
~1~ eted: "rhe provisions above notwrthstandmg,
r
i} [;mhr~ll_:t;, re,_ci~lahl~_~.uinpies, and similar devices are not permitted for outdoor
merchandising. sec ~e~ti~m 26.304.070.F.2.
wth
RESOLUTION N0. _
(SERIES OF 2009)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE:
26.470.060.7, 26.510.110.B.4, AND 26.575.030.E
WHEREAS, the Community Development Director of the City of Aspen initiated
an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210;
and,
WHEREAS, the amendments requested relate to Section 26.470.060.7,
26.510.110.B.4, and 26.575.030.E of the Land Use Code of the Aspen Municipal Code;
and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public heazing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Director recommended approval of amendments to the above
listed Sections as further described herein; and,
WHEREAS, the Planning and Zoning Commission opened a duly noticed public
hearing to consider the proposed amendments as described herein on December 15, 2009,
took and considered public testimony and the recommendation of the Director and
recommended, by a -_ vote, City Council adopt the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.470.060.7, Temporary
Outdoor Food Vending, which section defines, describes, authorizes, and regulates the
process for establishing a food vending cart within the City of Aspen to read as follows:
7. Temporary Food Vending. Temporary 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 Gondola Plaza, Commercial
Core (CC), and Commercial Lodge (CL) Zone Districts shall be approved, approved
Planning and Zoning Commission
Resolution No. ,Series of 2009
Page 1
with conditions or denied by the Community Development Director based on the
following criteria:
a) Location: All food vending shall be located in the Commercial Core (CC) of
Commercial Lodge (CL) zone districts. The temporary operation shall under no
circumstance be located in or along the public right-of--way in a manner that
inhibits the movement of pedestrian or vehiculaz traffic. Temporary food vending
may operate in interior azcades of building within the Commercial Core zone
district only if the approval of the properly owner and of all businesses that have
access in the azcade has been granted. Only (1) food vending cart shall be allowed
in each interior azcade space. Other criteria that applications must be in
compliance with:
1. Multiple vending sites shall not be allowed for any single owner or entity.
2. The food cart shall be permanently installed and not intended to move on a
daily basis throughout the duration of the permit.
3. The food •rending cart shall be placed in a location that does not interfere
with emergency egress or pose a threat to public health, safety and welfaze
4. Before a food vending cart can begin operating, it must receive approval
from the property owner and all adjacent businesses.
b) Duration: The temporary food vending operation shall be permitted to operate for
a period of one year, beginning May 15 and ending May 14. At the end of this
period, the operation shall be subject to review by the City Clerk and the
Community Development Department in order to determine if it still meets the
criteria of this Chapter. If the operation is deemed noncompliant, their permit
may be revoked. If all criteria are still met then the operator may receive a permit
renewal.
c) Fee: The permit fee for a food vending cart shall be the current fee listed in Land
Use Code Section 26.104.070, Land use application fees.
d) Size: The azea of outdoor food vending activities does not exceed fifty (50) squaze
feet. The azea 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.
e) Signage: Signage for temporary food vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not
excluding Prohibited Signs). The size of the sign shall be the lesser of fifty
percent (50%) of the surface area of the front of the cart, or eight (6) squaze feet.
The sign shall be painted on or affixed to the cart. Any logos, lettering, or Signage
on umbrellas or canopies counts towazds this calculation. Food carts in locations
that have no visibility along the public right-of--way shall be allowed one (1)
Planning and Zoning Commission
Resolution No. ,Series of 2009
Page 2
sandwich boazd sign in accordance with the regulations found within Section
26.510.130.D.e.
f) 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 azea 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 aze not in operation. Additionally, no outdoor,
open-flame chaz-broiling shall be permitted pursuant to Municipal Code Section
13.08.100, Restaurant Grills.
g) Affordable Housing Waiver: The Community Development Director shall waive
affordable housing mitigation fees associated with the temporary new net leasable
squaze footage being created by outdoor food vending activities.
h) The outdoor food vending activities may occur year-round. An application for an
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 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this
subsection aze subject to revocation by the City Manager or Community
Development Director without requiring prior notice.
i) An application for temporary outdoor food vending activities shall not diminish
the general public health, safety or welfaze and shall abide by 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.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.510.110.B.4, Banners
and Flags on Main St. Light Posts, which section defines, describes, authorizes, and
regulates the availability to installed banners and flags on Main Street light posts, to read
as follows:
4. Banners and flags on Main Street light posts.
a. Purpose. Banners and flags hung from light posts on Main Street have
traditionally been permitted to celebrate special events of community interest.
The purpose of these policies and regulations is to clarify which events may be
celebrated and advertised through the use of banners or flags hung from the
City-owned light posts on Main Street.
b. Size/number/material. All proposed banners or flags should meet the City's
specifications for size, mounting and material. Banners shall be two feet wide
Planning and Zoning Commission
Resolution No. ,Series of 2009
Page 3
and four feet high (2' x 4') to be compatible with mounting system on the light
posts. Banners and flags must be made of nylon, plastic or similar material.
Paper is not allowed.
c. Content. Banners shall only contain information identifying the event, the
date and time or a simple graphic/logo related to the event. Any commercial
advertising shall be minimized so that any commercial content is not the most
prominent information conveyed on the banner or flag and shall be limited to
no more than thirty percent (30%) of the area of the sign. The City reserves
the right to request changes to the design, color or content in order to assist the
applicant to comply with this requirement.
d. Cost/fees/procedures. The cost of installation is outlined in the current fee
schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code.
A refundable security deposit as outlined in the current fee schedule shall be
required to assure replacement of damaged banners and retrieval of the
banners from the City (see Section g below for maintenance requirements).
The applicant shall be required to submit an application to the City Manager's
office showing the dimensions, design and colors of the proposed banners or
flags at least three (3) months prior to the event. Flags aze required to be
delivered to the City Pazks Department one (1) week prior to the event.
Banners shall be delivered to the Utility Department on Fridays at least two
(2) weeks prior to their installation.
e. Eligibility. Banners hung from the Main Street light posts shall be permitted
for significant anniversazies beginning at the organization's tenth (10th) yeaz
of local nonprofit contribution and for prominent local, regional, state or
national events. Prominent local, regional, state or national events shall
include recurring annual events or events that aze considered significant to a
large segment of the_community. The United States, Colorado, Aspen or
foreign country flags shall be permitted at the discretion of the City Manager.
All other requests from other organizations or for other types of events shall
be forwazded to City Council.
f. Duration. The display of banners and flags on the Main Street light posts shall
not exceed fourteen (14) days or the duration of the event, whichever is less.
g. Maintenance. Prior to the placement of banners or flags on City street light
posts, the applicant shall provide to the City a number of replacement flags or
banners to be determined by the City. These replacement flags or banners
shall be used by the City to replace banners or flags that aze stolen or
damaged. The cost of replacing banners or flags shall be deducted from the
security deposit. Once banners have been removed, the applicant shall be
required to pick up the banners from the City within three (3) days.
Planning and Zoning Commission
Resolution No. ,Series of 2009
Page 4
Section 3•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section ***, Name of Section,
which section * does the following*, to read as follows:
Section 4•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.575.030.F, Public
Amenity -Design and Operational Standards for Public Amenity, which section defines,
describes, authorizes, and regulates the City of Aspen's required public amenity azeas,
included those operations that can occur within, to read as follows:
F. Design and operational standards for 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 azeas 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 area 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 Landmark 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
pazcel.
3. No walls/enclosures. Public amenity azeas shall not be enclosed. Temporary
structures, tents, air exchange entries, plastic canopy walls and similar devices
designed to enclose the space aze 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 areas 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.
Planning and Zoning Commission
Resolution No. ,Series of 2009
Page 5
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. Landscaoing_plan. Prior to issuance of a building permit, the Community
Development Director shall require site plans and drawings of any required public
amenity azea, 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 landscapine. Whenever the landscaping required herein is not
maintained, the Chief Building Official, after 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. Outdoor Merchandisine. Public amenity azeas may be utilized for merchandising
purposes by those businesses located adjacent to and on the same parcel as the
amenity space. This shall not grant transient sales from peddlers who are not
associated with an adjacent commercial operation. In addition, outdoor
merchandising must meet the following requirement:
a) Merchandising in public amenity azeas must be maintained, orderly and
located in front of or proximate to the storefront related to the sales.
b) The display of merchandise shall in no way inhibit the movement of
pedestrian traffic along the public right-of--way.
c) The size and amount of merchandise allowed is under the discretion of the
property owner.
d) Umbrellas, retractable canopies, and similaz devices are not permitted for
outdoor merchandising. See Section 26.304.070.F.2.
e) No azea of a building site designated as required public amenity space under
this Section shall be used for overnight or long-term storage of merchandise;
provided however, that the prohibition of this Paragraph shall be limited to
merchandising on private property and 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.
10. Outdoor Restaurant Seatine. Required public amenity space may be used for
commercial restaurant use if adequate pedestrian and emergency vehicle access is
Planning and Zoning Commission
Resolution No. ,Series of 2009
Page 6
maintained. Umbrellas, retractable canopies, and similaz devices are permitted for
commercial restaurant uses. For outdoor food vending in the Commercial Core
District, also see Paragraph 26.470.040.B.3, Administrative growth management
review.
11. Design euideline 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)
Section 6•
A public hearing on the Resolution was held on the 15`h day of December, 2009, at 4:30
p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which heazing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
FINALLY, adopted, passed and approved this day of , 2009.
Attest:
City C-erk
LJ Erspamer, Chair
Approved as to form:
City Attorney
Planning and Zoning Commission
Resolution No. ,Series of 2009
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