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HomeMy WebLinkAboutagenda.aps.20100105 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, January 5, 2010 4:30 p.m. -Sister Cities Room CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public Ili. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. Proposed miscellaneous code amendments (continued from 12/15/09) VI. OTHER BUSINESS A. Appointment of Chair and Vice -Chair VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 1 P1 **For internal Staff use only. Not for publication. Dates subject to Change** CITY AGENDAS City Council-2~d and 4th Mon. @ 5:00 PM, (Work sessions for Council @ 5 on Mondays, 4 on Tuesdays) P/Z-1St and 3`d Tues. @ 4:30 PM, HPC-2"d & 4`~ Wed. @ 5:00 PM. BOA Thurs. @ 4 Week of December 28, 2009 1/5 P8~Z (a~4:30 Notice: 12/14 Misc. Code Amendments, PH - CB (continued from 12/15) 1/12 PB~Z (a~4:30 Special Meeting Joint P&Z AACP work session- JG 1/19 P&Z t~4:30 Notice: 12/28 Code Amendment, AH Credit, PH - JP 301 W. Hyman, AH/PUD, PH - BG 1126 P8~Z t~4:30 Special Meeting Joint P&Z AACP work session- JG 2/2 P&Z r~4:30 Notice:1/11 2171219 S. Third, Rezoning, PH - JP 301 W. Hyman, AH/PUD, PH - BG (continued from 1/19) 219 P&Z (a~4:30 Special Meeting Joint P&Z AACP work session- JG 2116 P&Z (a~4:30 Notice: 1/25 217/219 S. Third, Rezoning, PH - JP(continued from 2/2 if necessary) Baptist Church -Conditional Use -DA 2123 P8~Z (a~4:30 Special Meeting Joint P&Z AACP work session- JG 3/2 P8~Z (a~4:30 Notice: 2/8 Baptist Church -Conditional Use -DA(continued from 2/16 if necessary) 3/9 P&Z (c~4:30 Special Meeting Joint P&Z AACP work session- JG 3116 P8~Z (a~4:30 Notice: 2/22 3/23 PAZ (c~4:30 Special Meeting Joint PAZ AACP work session- JG P2 3/30 P&Z (a~4:30 Special Meeting Joint P&Z AACP work session- JG Future AACP Special Meetings: P&Z April 13 April 27 May 11 May 25 June 8 June 22 June 29 July 13 Judy 27 Upcoming land use case to schedule: AVH -Phase 2 During Christmas week (Dec. 26-31), interior construction work will be allowed within the Central Resort Area between 9 a.m. and 5 p.m. Outside of the Construction Resort Area, exterior and interior work will be allowed from 8 a.m, to 5 p.m. As always, construction work will not be permitted in the City on Christmas Day and New Year's Day. After January 1, normal construction hours (7 a.m. to 5 p.m. weekdays and 9 a.m. to 5 p.m. Saturdays) will resume. Have questions? Call 970-920-5080. Why include Francis Sc ZSt.~ THEC[TYOFASPEN W e Jude east side of 200 N Mona~~, ~entra~~tesort Area is sheded in the map beloro~- ~---~. ; ; f ~, ~, dfi rte. +'o k ., d-.- r - G .., . i a ~~~~`s. ~ •~~~~ .~/t~~~f Q n~ ~ ,r_ ~' ., t ~ k `mil t ~~•' `-L r!~ ~~~4R, __tir t 'rHEASPENTIMES.COM • POSTINDEPENDENT.COIvI P3 ItIE1<IORANllUM TO: Aspen Plamling and Zoning Commission FROM: Chris Bendon, Community Development Director Drew Alexander, Planner Tecluiician RE: Land Use Code Amendments -Resolution No. , Series 2009 -Public Hearin Temporary Outdoor Food Vending signage Public Amenity Space MEETING DATE: January 5, 2010 (Continued from December 15, 2009) SU!11M11ARY: "fhe 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 forward with three of the items -outdoor merchandising, temporary 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 year for outdoor merchandising and food vending. The noticeably large influx in temporary food vending permits and signage could have simply been trend or a direct result of the current economic recession. "I~his 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 dctennine which areas of signage, outdoor merchandising, and temporary 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 conununity 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 amendmcnts. P4 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 market fairness in the community between outdoor food vendors and those that pay interior rents. The changes to code include location, duration acid signage revisions. Location: The proposed code language allows for food vending carts to operate in new locations. The first of these areas 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 Square, 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 arcades must obtain property owner consent and horn 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 year, 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 yearlong pernlit, 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. Sigjarrge: "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 Sighs found within that Chapter. 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 (8) square feet. The sign shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards 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 Mercha~adising/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, sportswear, 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 P5 prohibits the installation of umbrellas, retractable canopies, or similar devices in conjunction with outdoor merchandising displays. 3.) Sigrrage: signage remains an area 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 board) signs are an area of the code that doesn't necessarily require language amendments, but rather an increase in enforement. The amount of portable signs in the city became overwhelming in some areas, 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 area of the sign code with proposed language is that regarding 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. 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. RECOMMEiVDATION: Staff recommends the Planning and Zoning Commission recommend approval of the City-initiated amendments to Temporary Food Vending, Public Amenity, Signage, as described in Resolution ,Series of 2010. P6 RECOMMENDED MOT10N: "I move to approve PL-Resolution ,Series of 2010 recommending approval of the amendments to Temporary Food Vending, Public Amenity Space, Main Street banners." ATTACHMENTS: Exhibit A.1 -Existing text for Outdoor Vending Exhibit A.2 -Track changes text for Outdoor Vending Exhibit B.1 -Existing text for Main Street banners F.,xhibit B.2 -Track changes text for Main Street banners Exhibit C.1 -Existing text for Pedestrian Amenity Exhibit C.2 -Track changes text for Pedestrian Amenity Resolution No. 2010, for Outdoor Merchandising, Outdoor Vending, and Main Street Banners P7 Temporary Outdoor Food Vending Revision of Land Use Code: (Existing Language) Exhibit A.1 7. Temporary outdoor food vending. A temporary use of outdoor food vending by a restaurant or retailer on private property, private open space or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone District shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a) The temporary operation shall be permitted for a specified period not to exceed six (6) months in 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) Tl~e outdoor food vending activities may occur year-round. An applicatio~i 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, P8 including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. P9 Temporary Outdoor Food Vending Revision of Land Use Code: Exhibit A.2 (Redline) 7. Temporary r_jood Winding. ,t ~~mrt ~~::r~. ; , ~~ ~d Vcndin_by a restaurant or retailer on private Deleted: uutaunr property, private open space or public property that is subject to a mall lease for food Deleted: E vending or outdoor restaurant seating in the_c_ it~n.it~la {'I.v;t. Commercial Core (CC)_ in~ Deletes: C~u~un~r.:i:rl Lt,d~~~ i('I i Zone District, shall be approved, approved with conditions or Deleted:A[emporaryuseofoutdoorEood denied by the Community Development Director based on the following criteria: eendins a1 Location: All food vendine shall be located in the Gondola Plar_.a. Commercial Core {CC) or Commercial Lode (CL) zone districts. The temporary operation shall under no circwnstance be located in or alone the public rieht-of-way in a manner that inhibits the movement of pedestrian or vehicular traffic. Temporary food vending may operate in interior arcades of buildins within the Commercial Core zone district only if the approval of the property owner and of all businesses that have access in the arcade has been eranted. Only (1) food vending cart shall be allowed in each interior arcade space. Other criteria that applications must he in compliance with: Multiple vendin, sites shall not be allowed for any sinele o~~mer 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 vending cart shall be placed in a location that does not interfere with emereency egress or pose a threat to public health. safety and welfare 4. 13cti~re a food vcndin~r cart can hc2in uperatinL~. it must receive approval tram the ropertv owner and all adjacent businesses period of one year, be ie nnina May 1 ~ and ending Mav 1-t. At the end of this period. the operation shall be subject to review by the Citv 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~Ietmit 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 vendine cart shall be the current fee listed in Land Use Code Sectii~n 26.10-t.07O, Land use application tees. d) ~ii~: 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. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Lek + Aligned at: 0.73" + Indent at: 0.98" Deleted: The [emporary operation shall be permined for a specified period not to exceed six (6) months m durations or as otherwise limited by a mall lease.¶ Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: I + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" P10 fj ~n 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) ;lllitr.lable fluu,in~~ 1t__~~rThe Community Development Director shall waive affordable housing mitigation fees associated with the temporary ne~v 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 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. 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 -imited 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 auociation with resraurant 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 ¶ ~•-- ~ Formatted: Indent: Left: 0.5", No bullets or numbering rieht-of-way shall be allowed one (l) sandwich board sign in accordance with the retulations found vvithin Section 26.E 10.130.D.e. P11 EXhibit B.1 Signs on 1•'Iain St. Light Posts Revision of Land Use Code: (Existing Language) 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 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 oti 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 fight 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 cun•ent fee schedule set forth at Chapter 2. ] 2, 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 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 26.510. l 10.B.4.a of local nonprofit organizations shall be P12 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 City within three (3) days. P13 Signs on Main St. Light Posts Revision of Land L'se Code: Exhibit B.2 (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 pern~itted 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. Eligibility. c. 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. Deleted: v~ Deleted: Banners hung from the Main sweet light posts shall be permitted for significant anniversaries beguming at the organization's tenth (loth) year of Ioca7 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 lazge segment of the community. The United States, Colorado, Aspen and foreign country Hags shall be permitted at the discretion of the City Mvtager, Mayor or City Counetl. Deleted; Only applications for significant anniversaries as defined in Suhparagraph 26 SIO.I 10.B.4 a of local nonprofit organizations shall he eligible for consideration pursuant to this ' Deleted:.All other requests from other d. Content. Banners shall only contain information identifying the event, the I nrgamzauons or for over types of events alien be date and time or a simple graphic/logo related to the event. Any commercial ! ronvarded to city council. 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. e. 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 are required to be de] ivered to the City Parks Department one (])week prior to the event. Banners shall he delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. 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- Formatted: 3rd pare indent t no ~ posts, the applicant shall provide to the City a number of replacement t1ags or banners to be determined by the City. These replacement flags or banners shall be used by the P14 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 City within _ three (3) daysti i Ue~eted: ¶ P15 Public Amenity Exhibit C.1 Revision of Land Use Code: (Existing Language) F. Design and operational standards for public ame~r~ry. 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 skX. 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 door 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. h~ 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 lan. Prior to issuance of a building permit, the Cornrnunity 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 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, P16 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. Por outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 10. Commercial restaurant use. The provisions above notwithstanding, required public amenity space may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. 11. 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) P17 Exhibit ~ ~. p~. Public Amenity Revision of Land Use Cade: (Redline) F. Design and operatio~ral 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 sue. 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. Temporazy 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 [`vo (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 (inks, 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 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 areas may be utilized for merchandisin~puruoses by those businesses located adjacent to and on the same parcel as the amenity space. This shall not Brant P18 [r;:n~i~~nt sales from peddlers +cho are nut associated with an adjacent commercial operation. In atlditipn, outdoor merchan_di>ine roust meet the following requirement: fl Merchandising in public amenity areas must be maintained orderly and located in front of or• wrtnatted: Numbered + Level: 1 + proximate to the storefront related to the sales. Numbering style: a, b, c, ... + start at: t + Alignment: Left + Aligned at: 0.5" + Indent at: g) The disphty of merchandise shall in no way inhibit the movement of pedestrian traffic along o.75" the public rieht-af--way, h) The size and amount of merchandise allowed is under the discretion of the proper owner. X10.Ouldu,~r IZe;taur,:nl Scalin. required public amenity space m restaurant use if adequate pedestrian and emergency vehicle access I I. Design Quideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, (Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2) Deleted: ;Jo 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-w•ay or is otherwise permitted by the City. For outdoor food vending in the Commercial Core Disvic[- also see Paraara0h ^_6.470.040.8.3, dOWO [1]: For outdoor food vending in The provisions above notwithstanding, i) Umbrellas retractable canopies and sitnilar devices are not permitted for outdoor merchandising See Section 26.304.070.F.2. P19 RESOLUTION N0. (SERIES OF 2010) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE FOLLOWING SECTIONS FO THE CITY OF ASPEN LAND USE CODE: 26.470.06D.7, 26.510.110.8.4, AND 26.575.030.E WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing arendments 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 t11e 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, at a duly noticed public hearing, the Planning and Zoning Commission continued the hearing to consider the proposed amendments as described herein to January 5, 2010. WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on January 5, 2010, 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: Planning and Zoning Commission Resolution No. ,Series of 2010 Page 1 P20 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 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 vehicular traffic. Temporary food vending may operate in interior arcades of building within the Commercial Core zone district only if the approval of the property owner and of all businesses that have access in the arcade has been granted. Only (1) food vending cart shall be allowed in each interior arcade 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 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 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 l5 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 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. 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 Planning and Zoning Commission Resolution No. , Series of 2010 Page 2 P21 percent (50%) of the surface area of the front of the cart, or eight (6) square feet. The sign shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation, Food carts in locations that have no visibility along the public right-of--way shall be allowed one (1) sandwich board 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 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) Affordable Housing Waiver: 'hhe 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 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. 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 lig]Iti~~g 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 Hags 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 Planning and Zoning Commission Resolution No. ,Series of 2010 Page 3 P22 celebrated and advertised through the use of banners or flags hung from the City- owned light posts on Main Street. b. Eligibility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (] 0`~') year and for events that are considered significant to a large seg-nent of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c. Size/number/material. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be hvo 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. d. 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. e. Cost/fees/procedures. The cost of installation is outlined in the cun-ent 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 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. 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 City within three (3) days. 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: Planning and Zoning Commission Resolution No. , Series of 2010 Page 4 P23 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 areas, included those operations that can occur within, to read as follows: F. Design acrd operation-al 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 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 tl~e 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 slial l 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. Landscauing 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 Planning and Zoning Commission Resolution No. ,Series of 2010 Page 5 P24 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 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 Merchandising. Public amenity areas 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. [n addition, outdoor merchandising must meet the following requirement: a) Merchandising in public amenity areas 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 similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e) No area of a building site designated as required public amenity space under this Section shall be used for overnight or long-teen 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 Seating. Required public amenity space may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar 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 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) 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 Planning and Zoning Commission Resolution No. ,Series of 2010 Page 6 P25 which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. FINAI/LY, adopted, passed and approved this day of , 2010. Attest: City Clerk Approved as to form: City Attorney LJ Erspamer, Chair Planning and "toning Commission Resolution No. ,Series of 2010 Page 7 P26 TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Community Development Deputy Director RE: Appointment of Chairperson and Vice-Chairperson MEETING DATE: January 5, 2010 At the first meeting of the year, the Planning and Zoning Commission is tasked with electing a Chair and Vice-Chair. The appointment is for one year and currently elected members can be re- elected. RECOMMENDED MOTION: The Planning and Zoning Commission may use this motion "I move to make a recommendation to appoint as chairperson and as vice-chairperson of the Planning and Zoning Commission for 2010.' P27 RESOLUTION NO. _ Series of 2010 WHEREAS, the Planning and Zoning Commission is required to elect a chairperson and vice- chairperson as outlined in Section 26.212.030, Membership-Appointment, removal, terms and vacancies of the land use code; and WHEREAS, the term of each position is for one (1) year; and WHEREAS, the commission voted to elect a chairperson and vice-chairperson at their first meeting of the year on January 5, 2010; and WHEREAS, was elected chairperson and was elected vice- chairperson; and WHEREAS, both positions shall expire on January 6, 201 1; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Aspen, Colorado, by this resolution that be appointed as chairperson and - be appointed as vice-chairperson. llATED: January 5, 2010 LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk