HomeMy WebLinkAboutresolution.apz.001-10RESOLUTION N0. 1
(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:
26.470.060.7, 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 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 7 - 0 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. 1, Series of 2010
Page 1
7. Temporary Food Vending. Temporary Food Vending on private property or public
property that is subject to a mall lease for food vending or outdoor restaurant seating
in the Gondola Plaza, Commercial Core (CC) or 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 upper and lower Gondola
Plaza, Commercial Core (CC) or 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 buildings
within the Commercial Core and Commercial Lodge zone districts only if the
approval of the property owner and of all businesses that have access in the arcade
has been granted. 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 in a consistent location as is practically reasonable
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 required emergency egress or pose a threat to public health, safety and
welfaze. A minimum of six (6) foot ingress/egress shall be maintained for
building entrances and exits.
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 yeaz, 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. 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) square
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 total amount of Signage shall be the lesser of
fify percent (50%) of the surface area of the front of the cart, or six (6) square
Planning and Zoning Commission
Resolution No. 1, Series of 2010
Page 2
feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or
signage on umbrellas or canopies counts towards this calculation. Food carts may
have a sandwich board sign in accordance with the regulations found within
Chapter 26.510.
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 recycling
bins and 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: 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 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 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.
Planning and Zoning Commission
Resolution No. 1, Series of 2010
Page 3
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 (10th) year and for events that are
considered relevant to a lazge segment 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
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.
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 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 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.
Planning and Zoning Commission
Resolution No. 1, Series of 2010
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 26.575.030.F, Public
Amenity -Design and Operational Standazds 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 and operational standards jor public amenity. Public amenity, on all privately
owned land in which public amenity is required, shall comply with the following provisions and
limitations:
1. Ooen 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. Landscapine 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.
Planning and Zoning Commission
Resolution No. 1, Series of 2010
Page 5
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 on Private Property. Private property may be utilized for
merchandising purposes by those businesses located adjacent to and on the same parcel as
the outdoor 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 requirements:
a) Merchandise 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. All merchandising shall be located on private
property. A minimum of six (6) foot ingress/egress shall be maintained for building
entrances and exits.
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) Merchandise shall be displayed for sale with the ability for pedestrians to view the
item(s). Outdoor areas shall not be used solely for storage.
The prohibition of storage shall be limited to merchandising on private property and
shall not apply to permitted commercial activity on an abutting right-of--way or
otherwise permitted by the City.
10. Outdoor Restaurant Seating on Private Property. Private Property 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)
Planning and Zoning Commission
Resolution No. 1, Series of 2010
Page 6
Section 4:
A public hearing on the Resolution was held on the 5`h day of January, 2010, 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 ,J~day of ~I ltfY ~ , 2010.
Attest:
~,n-~
/a . d. .'
City Clerk
i
Approved as to form:
1~-~--
City Attorney
Planning and Zoning Commission
Resolution No. 1, Series of 2010
Page 7