HomeMy WebLinkAboutordinance.council.013-98Ordinance No. 13, Series of 1998
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ORDINANCE No. 13, SERIES OF 1998
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO
TO AMEND SECTIONS 15.04.350, 26.04.100, 26.28.140, 26.28.150, 26.28.160, AND
26.28.170 OF THE ASPEN MUNICIPAL CODE TO REVISE THE DEFINITION OF THE
TERM "FARMERS' MARKET" AND TO PERMIT FARMERS' MARKETS AS A
PERMITTED USE IN THE COMMERCIAL CORE (CC), CO1VIMERCIAL (C-I),
SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I), AND NEIGItBORItOOD
CO1VIMERCIAL (NC) ZONE DISTRICTS PROVIDED A VENDING AGREEMENT HAS
BEEN OBTAINED PURSUANT TO SECTION 15.04.350(B)
OF THE MUNICIPAL CODE
WHEREAS, Section 26.92.020 of the Municipal Code provides that amendments to
Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and recommended for
approval by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or disapproved by
the City Council at a public hearing; and
WHEREAS, the Community Development Department recommends that Section
15.04.350, Vending on Public Parks and Rights-of-Way Prohibited, be mended to allow the
possibility of holding a farmers' market in a public street and to create an appropriate review
and approval process; and
WHEREAS, the Community Development Department also recommends that Section
26.04.100, Definitions, of the Municipal Code be amended to refine the definition of "farmers'
markets," and that Sections 26.28.140, 26.28.150, 26.28.160, and 26.28.170 be amended to allow
farmers' markets to operate as permitted uses in the Commercial Core (CC), Commercial (C-1 ),
Service/Commercial/Industrial (S/C/I), and Neighborhood Commercial (NC) zone districts,
respectively, provided a vending agreement has been obtained pursuant to Section 15.04.350(B)
of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments
and did conduct a properly noticed public hearing thereon on May 5, 1998; and
VqHEHEAS, upon review and consideration of the text amendments, agency and public
comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal
Code, to wit, Division 92 (Text Amendments), the Planning and Zoning Commission has, by a
vote of 4-0, recommended approval of the text amendments recommended by the Community
Development Director pursuant to procedure as authorized by Section 26.92.030 of the
MunicipalCode; and
WHEREAS, the Aspen City Council has reviewed and considered the text amendments
under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered those recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at a properly noticed public hearing;
and
Ordinance No. 13, Series of 1998
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WHEREAS, the City Council finds that the text amendments contained herein meet or
exceed all applicable development standards and are consistent with the goals and elements of
the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
public health, safety and welfare; and
WHEREAS, the City Council finds that the proposed text amendments will allow
farmers' markets, as defined, to operate as permitted uses in the Commercial Core (CC),
Commercial (C-1 ), Service/Commercial/Industrial (S/C/I), and Neighborhood Commercial (NC)
zone districts, respectively, provided a vending agreement has been obtained pursuant to Section
15.04.350(B) of the Municipal Code, and will be consistent with the public welfare and the
purposes and intent of Chapter 26 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1: Pursuant to Section 26.92.020 (standards for Review) of the Municipal Code, the
City Council finds as follows. in regard to the text amendments:
1. The proposed text amendments are not in conflict with the provisions of Chapter 26 of
the Municipal Code or the Aspen Area Community Plan.
2. The proposed text amendments will promote the public interest and character of the City
of Aspen.
Section 2: Section 26.04.100, Definitions, of Chapter 26 of the Aspen Municipal Code is hereby
amended to revise the definition of "Farmers' Market," which amended text shall read as
follows:
Farmers' Market means a market established by an organization of
farmers/producers to provide the opportunity for direct sale (by farmers and/or
their representatives) of primarily Colorado-grown produce, with the potential
for accessory sales of other agriculturally~related products, to wholesale or
retail buyers at stalls or other similar structures of a temporary nature.
Section 3: Section 15.04.350, Vending on Public Parks and Rights-of-Way Prohibited,
of the Aspen Municipal Code is hereby amended as follows (items ~ signify
language to be removed from the existing text and items in bold signify the
new/amended text):
15.04.350 Vending on public parks and rights-of-way prohibited.
A. Vending Agreements.
1. (a) No person shall use or occupy any street, alley, mall, golf course, park or
parkway (whether in or on a vehicle, structure, building or otherwise) for the
storage, display, or sale of goods or services, wares, or merchandise, to solicit
the sale of a service, or to place or permit portable display signs on any street,
alley, mall, golf course, park or parkway within the City of Aspen; provided,
however, that the prohibition of this section shall not apply to any person who
~ has entered into a vending agreement with the city to provide any such
Ordinance No. 13, Series of 1998
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vending services and paid a processing fee equal to the special event fee for
minor events set forth at section 14.20.070 of this Code. The city manager or
her designee shall be authorized to execute and approve said vendlug agreements
on behalf of the city after considering:
(a) (I) The public need for such services;
(b) (2) The availability of existing services;
(c){~-) The availability of non-public property upon which to conduct the
requested activity;
(d) (/I) The costs of policing and administering the proposed vending
service;
(e) (5) The revenues which can be reasonably expected to accrue to the city
by virtue of the vending services proposed; and,
(f) (-6) Whether the vendor applying for such vendlug agreement will best
serve the public interest.
2. (b) Any applicant aggrieved of a decision by the city manager concerning the
denial or terms of a vending agreement may seek an appeal of same to the city
council. All appeals must be submitted in writing to the city manager within ten
(I0) days of the decision appealed from and set forth the grounds for the appeal.
The city manager shall promptly add the appeal to the next reasonably available
regular city council meeting agenda. City council shall conduct a hearing on the
appeal at which time the applicant shall be heard and a decision rendered. Such
decision need not be reduced to writing.
B. Vendlug Agreements for Farmers' Markets. Farmers' Markets are permitted
in any downtown street in the Commercial Core (CC), Commercial (C-l),
Neighborhood Commercial (NC), or Service/Commercial/Industrial (S/C/I)
zone districts provided a Vending Agreement is approved by the City Council.
Streets that form the border between the Commercial Core (CC) and Office
(O) zone districts, or the Commercial (C-l) and Office (O) zone districts, such
as S. Monarch and S. Spring, respectively, shall be eligible for consideration.
Streets alongside any area zoned Public (PUB) or Park (P) but within the
traditional downtown, such as S. Monarch between Durant and Flyman, shall
also be eligible for consideration.
1. Minimum Requirements. The Community Development Director shall
promulgate rules and regulations for the establishment and operation of
farmers' markets. The City Council shall incorporate such rules and
regulations which it deems appropriate in vendlug agreements.
2. Procedure. Pursuant to Section 26.52.020, the applicant shall conduct a pre-
application conference with staff of the Community Development Department.
As a result of the conference, the planner shall prepare a pre-application
summary providing the appropriate application packet including the
Submission Requirements and any other pertinent land use material,
enumerate the fees associated with the review(s), and explain the review process
in general.
After the pre-application conference summary is received by the applicant, said
applicant shall prepare an application for review and approval by staff and the
City Council, respectively. In order to proceed with additional reviews or
Ordinance No. 13, Series of 1998
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obtain a Development Order, the City Council shall, at a public hearing, find
the submitted land use application consistent with the provisions, requirements
and standards of this Section. Notice of the public hearing shall be in
accordance with the requirements of Section 26.52.060(E)(3)(a), as well as any
other form(s) of notice required by the Community Development Director. City
Council may approve, approve with conditions, or deny any application for a
farmers' market by Resolution. An ordinance is not required, and the signed
resolution shall serve as the Vending Agreement.
3. Application. An application for approval of new or modified farmers'
markets shall comply with the submittal requirements applicable to conditional
use reviews pursuant to Chapter 26.52, Common Development Review
Procedures, and Chapter 26.60, Conditional Uses, of the Aspen Municipal Code.
Also, farmers' market vending agreement applications shall contain any other
additional information identified in the pre-application conference summary.
4. Applicant. Applications for or from individual vendors will not be accepted.
Applications for Vending Agreements for Farmers' Markets must be submitted
on behalf of an organization encompassing all vendors that would participate in
the particular market. The organization will need to select one or two persons
to represent the market in dealings with the City. The applicant/organization
will be responsible for governance of the market and maintaining compliance
with the rules and regulations contained in this Section and in any conditions
assigned to the approval of a vending agreement.
Section 4: Section 26.28.140, Commercial Core (CC) zone district, of the Municipal Code is
hereby amended to provide clarity with regard to the ability to obtain a vending agreement for a
farmers' market in the CC zone district. The amendment results in the addition of a twentieth
(20th) permitted use in the CC zone district. Thus, the Permitted Uses portion (subsection B) of
Section 26.28.140 will hereafter read as follows, picking up with Permitted Use number 18
(items ~tricken out signify language to be removed from the existing text and items in bold
signify the new/amended text):
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18. Home occu ons;
19. Accessory buildings and uses:; and
20. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) of the Municipal Code.
Section 5; Section 26.28.150, Commercial (C;1) zone district, of the Municipal Code is hereby
amended to provide clarity with regard to the ability to obtain a rending agreement for a
farmers' market in the C-1 zone district. The amendment results in the addition of a fourteenth
(14th) permitted use in the C-1 zone district. Thus, the Permitted Uses portion (subsection B) of
Section 26.28.150 will hereafter read as follows, picking up with Permitted Use number 12
(items stricken out signify language to be removed from the existing text and items in bold
signify the new/amended text):
12. Accessory buildings and uses; and
13. Food market:; and
14. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04,350(B) of the Municipal Code.
Ordinance No. 13, Series of 1998
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Section 6: Section 26.28.160, Service/Commercial/Industrial (S/C/I) zone district, of the
Municipal Code is hereby amended to provide clarity with regard to the ability to obtain a
rending agreement for a farmers' market in the S/C/I zone district. The amendment results in
the addition of a fifth (5th) permitted use in the S/C/I zone district. Thus, the Permitted Uses
portion (subsection B) of Section 26.28.160 will hereafter read as follows, picking up with
Permitted Use number 3 (items ~ signify language to be removed from the existing
text and items in bold signify the new/amended text):
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3. Home occu ans; ~l~
4. Accessory buildings and uses; and
5. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) of the Municipal Code.
Section 7: Section 26.28.170, Neighborhood Commercial (NC) zone district, of the Municipal
Code is hereby amended to provide clarity with regard to the ability to obtain a vending
agreement for a farmers' market in the NC zone district. The amendment results in the addition
of a fourteenth (14th) permitted use in the NC zone district. Thus, the Permitted Uses portion
(subsection B) of Section 26.28.170 will hereafter read as follows, picking up with Permitted
Use number twelve (items s~cl:c~ cut signify language to be removed from the existing text and
items in bold signify the new/amended text):
12. Accessory residential dwellings restricted to affordable housing guidelines; amt
13. Accessory buildings and uses; and
14. Farmers' markets, provided a yencling agreement has been obtained pursuant to
Section 15.04.350(B) of the Municipal Code.
Section 8: This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as heroin provided, and the same shall be conducted and concluded under
such prior ordinances.
Section 9: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 10: A public hearing on the Ordinance was held on the 8th day of June, 1998 at 5:00
p.m. in the City 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.
INTRODUCED, READ AND ORDERED PUBLISItED as provided by law,
by the City Council of the City of Aspen on the 1 lth day of May, 1998.
John un~e~,Mayo/rd~~
Ordinance No. 13, Series of 1998
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APPROVED AS TO FORM:
ATTESTV
i:~i~)Clerflk~t~ ~
FINALLY, adopted, passed and approved this ~' day of~ ~ ,1998.
File Location: c:\homeXrnitchh\eouncil\farmord2.doc