HomeMy WebLinkAboutcoa.lu.ca.130 S Galena Food Vending.0057.20100057.2010.ASLU 130 S. GALENA
ORDINANCE APPROVED 26.470.060(7)
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Routing Status Fees ',Fee Summary FMahLns Attachments Routing History Valuation ArchJEng Custom Fields Sub Permits 4 1
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h Description ORDINANCE NO 98 -(SERIES OF 2010) CITY INITATED AMENDMENTS TO CHAPTERS Issued
26.470.0607, 26.510, AND 26,575.030 OF TITLE 26, CITY OF ASPEN LAND USE CODE
- FOR FOOD VENDING. Final
Submitted CITY OF ASPEN 0A Running Days FO I Expires 10M I2011
Submitted via
Owner
Last name CITY OF ;SPEPJ I First name CITY HALL 130 S GALENA
ASPEN CO 81611
Phone () Address
Applicant
0 Owner is applicant? 7 Contractor is applicant?
Last name CITY OF ASPEN First name CITY HALL 130 S GALENA
ASPEN CO 81611
Phone (,l Cust # 28789 Address
Lender
Last name I First name
Phone ( Address
AspenGold5 (server) angelas
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0057.2010.ASLU
NO PARCLE
130 S. GALENA ST
DREW ALEXANDER
ORDINANCE APPROVAL
CITY OF ASPEN
10.5.10
CLOSED BY ANGELA SCOREY ON: 10. 05.10
ORDINANCE NO.9S
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTION
FO THE CITY OF ASPEN LAND USE CODE: 26.470.060(7)
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),
Temporary Outdoor Food Vending, 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 on December 15, 2009, the
Planning and Zoning Commission continued a 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.
WHEREAS, during a duly noticed public hearing on May 24'h, the City Council
took public testimony, considered pertinent recommendations from the Community
Development Director, referral agencies, Planning and Zoning Commission, and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein; and,
WHEREAS, the public hearing was continued to June 7t', June 8 h, and again to
June 28h, 2010.
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
City of Aspen City Council
Ordinance No. 913, Series of 2010
Page I
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to 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 on private property or public
property that is subject to a mall lease for food vending or outdoor restaurant seating
in the 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 outdoor food vending shall be located in the Commercial Core (CC) zone
district. 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. The temporary operation shall under no circumstance be
located in the public right-of-way. The normal operation of the food cart,
including line queues, shall not inhibit the movement of pedestrian or vehicular
traffic along the public right-of-way. Other criteria that all 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
welfare. 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.
City of Aspen City Council
Ordinance No. 9B, Series of 2010
Page 2
b) Operation Plan:
The Applicant shall create an operation plan to include in all letters that seek
approval from the property owner or adjacent businesses. The operation plan
shall contain the following information, at a minimum:
1. Months of intended operation
2. Hours of operation
3. Location
4. Comprehensive list of all food and beverage being served.
If any element of the operation plan is altered after a Temporary Outdoor Food
Vending permit has been issued, the Community Development Director has the
ability to revoke the issued permit.
c) Duration:
The temporary food vending operation shall be permitted to operate for a period
of six (6) months. The six (6) month period shall begin on the same the date that
the Notice of Approval is signed by the Community Development Director. This
six (6) month period may not be separated into non-consecutive periods. Once the
six (6) month timeframe has expired, the operation shall be subject to an
additional review and permit process. The Community Development Director
shall consider a returning vendor's past performance in considering a permit
renewal. This shall include, but shall not be limited to, input from the
Environmental Health Department, Chief of Police, special event staff, and
feedback from adjacent businesses.
The Community Development Director may require a temporary cancelation of
operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food cart will
create a public safety issue or create an excessive burden on the event activities.
The Community Development Director may revoke the permit and cause removal
of the vending operation if the vendor fails to accommodate such a request.
d) 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.
e) 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.
City of Aspen City Council
Ordinance No. 913, Series of 2010
Page 3
f) Number:
The number of Temporary Outdoor Food Vending carts allowed within the City of
Aspen at any given time shall be limited to four (4). This number shall be based
upon valid Land Use Applications approved by the Community Development
Director. Food vending locations within interior arcades are exempt from this
limitation.
g) Ste:
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
fifty percent (50%) of the surface area of the front of the cart, or six (6) square
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.
h) Abandonment:
The City of Aspen may remove an abandoned food vending operation, or
components thereof, in order protect public health, safety, and welfare. Costs of
such remediation shall be the sole burden of the property owner.
i) Environmental Health:
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.
j) fordable 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.
k) Year-round Operation:
The outdoor food vending activities may occur year-round. An application for 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.
City of Aspen City Council
Ordinance No. 913, Series of 2010
Page 4
1) Maintenance and public sae :
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:
A public hearing on the Ordinance was held on the 24`h day of May, 2010, at 5:00 p.m. in
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.
Section 3:
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 herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
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.
(Signatures on following page)
City of Aspen City Council
Ordinance No. 9B, Series of 2010
Page 5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of April, 2010.
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this s;:2 ' i� day ofJ:st�.' 2010.
1.2010
Attest:
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Kathryn S. och, City Clerk Michael C. Ireland, I ayor
Approved as to form:
City of Aspen City Council
Ordinance No. 913, Series of 2010
Page 6
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STATE OF COLORADO, COUNTY OF PITKIN
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1, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN
in whole or in ° a= et
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pan and published in the County of Pitkin, State of Colorado, and has a U o
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consecutive insertions, and that the first publication of said notice was in the a �LLoe
issue of said newspaper dated 4/25/2010 and that the last publication of said a¢g�g NgL .a o
notice was in the issue of said newspaper dated 4/25/2010. o ���
In witness whereof, I have here unto set my ha s 2nd day of June, 2010.
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Subscribed and sworn to before me, a notary public in and for the County of cn �= o
Garfield, State of Colorado this 2nd day of June, 2010..
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My Commission expires: August 27,
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Regular Meeting Aspen City Council June 28, 2010
OUTSTANDING EMPLOYEE BONUS AWARD........................................................... 2
EPAAWARD..................................................................................................................... 2
CITIZEN PARTICIPATION.............................................................................................. 2
COUNCILMEMBER COMMENTS.................................................................................. 3
CONSENTCALENDAR................................................................................................... 5
• Minutes — May 24, June 1, 7, 8, 2010..................................................................... 5
• Resolution #45, 2010 — 2010 Street Improvement Contract Grand Valley ............ 5
• Resolution #46, 2010 — IGA Pitkin County East Aspen Trail ................................ 5
• Resolution #44, 2010 — Contract PCS Mobile/Mobile Computing ........................ 5
• Board Appointment ..................................... ................. 5
...........................................
• Resolution #47, 2010 — Given Institute.................................................................. 5
• Authorization to join Mountain Partnership........................................................... 5
ORDINANCE #14, SERIES OF 2010 — Silver Lining Ranch Conversion to Single
Family................................................................................................................................. 5
ORDINANCE #913, SERIES OF 2010 — Code Amendment Temporary Outdoor Food
Vending............................................................................................................................... 6
ORDINANCE #12, SERIES OF 2010 — Aspen Valley Hospital Master Plan Facilities
PhaseII................................................................................................................................ 8
RESOLUTION #42, SERIES OF 2010 — Burlingame Ranch Phase II Design ................ 15
Regular Meeting Aspen City Council June 28, 2010
Mayor Pro Tern Skadron called the meeting to order at 5:05 with Councilmembers Torre,
Romero and Mayor Ireland present.
OUTSTANDING EMPLOYEE BONUS AWARD
Mayor Pro Tern Skadron and Council presented an outstanding employee bonus award to
Ryan Terry, Aspen Police Department.
EPA AWARD
Ashley Cantrell and Lauren McDonell announced the city's ZGreen program had
received a Clean Air excellence award from the EPA. Mayor Ireland and Councilman
Torre went to Washington D.C. to receive the award.
CITIZEN PARTICIPATION
1. Toni Kronberg said there is a site visit tomorrow at 4 p.m. at the Galena Plaza.
Ms. Kronberg reminded everyone Sunday is the 41h of July. She is entering a float in the
parade having to do with the aerial connection. Ms. Kronberg told Council the recycle
center received administrative approval. Ms. Kronberg said she has filed an appeal on
the decision and is also going to undertake a referendum. Ms. Kronberg said she is
appealing proper notice and due process. Ms. Kronberg said she would like to see the
recycle center downsized and some of it returned to a park.
2. Ross Gribs told Council he has tried to get an opinion from the community
development department on being able to hang his photos in corridor space associated
with a building on Hyman. Gribs said he has not been able to get an explanation about
why he cannot do this. Chris Bendon, community development department, noted the
land use code requires businesses to operate within a net leasable space. Bendon told
Council Gribs can apply for a code interpretation which will come before Council.
Travers said he feels the rules should be loosened with some criteria to encourage
entrepreneurship.
Councilman Romero asked if Gribs has had a dialog with the landlord and is there
existing vacant space in the facility to meet his needs. Mayor Ireland suggested
community development department meet with the attorneys to identify the pertinent
sections of the code. Mayor Ireland said the city would need to see the lease as the city
should not approve something that may be common area or under someone else's control.
Bendon suggested Gribs contact the community development department about applying
for a code interpretation and also maybe schedule a topic with Council about small space
lease code amendments.
3. Emzy Veazy told Council they should negotiate and for a business improvement
district. Aspen needs BIDS for the benefit of the community. Veazy said merchants'
associations should also be formed.
2
Regular Meeting Aspen City Council June 28, 2010
4. Shirley Tipton told Council she was formerly on the board of Directors of the
Given Institute as well as the Colorado Department of Higher Education. Ms. Tipton said
funding for higher education in Colorado has become some of the worst in the United
States. Ms. Tipton told Council this solution was not CU medical school's first choice
and was the only choice the dean was given by the joint budget committee. High cost
programs have been dramatically slashed. Since July 2009, Colorado has cut higher
education funding by 60%. Ms. Tipton said the challenge is the state's inability to deal
with the economy and the burden of things like TABOR and the Gallagher amendment.
Ms. Tipton said the only plausible way to save the Given is to take the issue to the voters.
Ms. Tipton aid she feels a residence on an entire city block is not appropriate.
5. Glenn Beaton, 712 West Francis, told Council when the exits from Hallam and
Bleeker to Main street were closed, the traffic all moved to Francis. Beaton requested
Francis be treated like Hallam and Bleeker. Randy Ready, assistant city manager, told
Council the Stay on Main program started today; left turns off power plant road to
Cemetery lane will be prohibited. Ready requested Beaton give this program some time
to work and then come back to Council. Rick Schwartz told Council the police
department was at power plant road giving tickets to left turners.
6. Sarah Broughton, Jason Lasser, Jamie Brewster McCloud and Jay Maytin, HPC,
presented Council with a resolution urging them to take the Given Institute seriously.
Ms. Broughton said the Given is a revered institution in the community and the HPC
feels it is important to the inventory, to the history of Aspen and to the community. The
resolution states the City commits to immediate action and a dialogue with the University
of Colorado to see how the community can save the Given Institute. Jason Lasser noted a
letter from the National Trust talking about creating time and a win/win situation for
everyone. Demolition is scheduled for October I". Jay Maytin urged Council to watch
the presentation from local architect Harry Teague about work on the Given and about
the Given architect, Harry Weiss.
Mayor Ireland said he would like the HPC to analyze and to come to some conclusions
on the merits of the structure and the uses of the Given so that Council has a written
opinion behind a resolution. Ms. Broughton told Council HPC asked staff to process a
national landmark designation, which has been sent in. Ms. Broughton said HPC would
like everyone working on this and education is important. Ms. Broughton told Council
the University of Colorado is coming to HPC meeting July 14ch, and the public is
encouraged to attend.
Mayor Ireland moved to add Resolution #47, Series of 2010 to the consent calendar;
seconded by Councilman Romero. All in favor, motion carved.
COUNCILMEMBER COMMENTS
l . Councilman Romero welcomed the Mayor back. Councilman Romero noted last
week was Jazz Aspen festival; this week the Aspen Music Festival and School is
3
Regular Meeting Aspen City Council June 28, 2010
launching its summer season; ZGreen team is sponsoring a highway clean up June 30th; 4
Council had lunch with John Hickenlooper to hear about his campaign for governor.
2. Councilman Torre, too, welcomed Mick the Mayor back. Councilman Torre said
there was a great tennis tournament put on by the city recreation department.
Councilman Torre thanked Sherril Kerr, Rob and '.Muffin for their work on the tennis
tournament.
3. Mayor Pro Tem Skadron said everywhere he went, people asked him about Mick
znd Mick's health.
4. Mayor Pro Tern Skadron said he spent the weekend at the Harry Gates but taking
a first aid course.
5. Mayor Ireland said it is great to be back and it takes an entire community of
support from the people who drove him to the hospital, the AVH staff, and the
community who has sent so many good wishes. Mayor Ireland stated he is proud Aspen
is still a community. Mayor Ireland stated he is here because he was wearing a bike
helmet, which makes a big difference.
6. Mayor Ireland said it is not just the joint budget committee making difficult
financial decisions. Mayor Ireland stated it is time for the voters to accept responsibility
for the choices they have made, the votes that adopted TABOR, giving tax rebates to
themselves.
7. Mayor Ireland noted he was impressed with the Mayor of Denver who has
instituted job creation and balance with the environment.
8_ Steve Barwick, City Manager, requested support for an application for Aspen to
officially join the Mountain Partnership, a voluntary alliance dedicated to improving the
lives of mountain people and protecting mountain environments around the world be
added to the consent calendar.
9. Councilman Torre said RWAPA was postponed until July 21". The screening
and cleaning program has started at Ruedi and he will report back after the meeting.
10. Mayor Pro Tern Skadron told Council the CORE board met and made
recommendations for REMP funding. NW Colorado Council of Governments appointed
a new executive director who is starting July 15t
11. Mayor Pro Tern Skadron told Council he attended the CAST meeting in
Breckenridge. There were presentations on the ballot measures 60, 61 and 101 which
have financial implications for municipalities. Mayor Pro Tern Skadron told Council he
voted for CML board members from mountain towns who he thought would represent
Aspen's positions. Mayor Pro Tern Skadron said a movie has been made called "Bag It"
about the impact plastics have on society.
4
Regular Meeting Aspen City Council June 28, 2010
CONSENT CALENDAR
Councilman Romero asked when the overlay work on the streets will be done. Jerry Nye,
streets department, said not until after Labor Day.
Mayor Ireland moved to adopt the consent calendar as amended; seconded by
Councilman Romero. The consent calendar is:
• Minutes — May 24, June 1, 7, 8, 2010
• Resolution #45, 2010 — 2010 Street Improvement Contract Grand Valley
• Resolution #46, 2010 — IGA Pitkin County East Aspen Trail
• Resolution #44, 2010 — Contract PCS Mobile/Mobile Computing
• Board Appointment
• Resolution #47, 2010 — Given Institute
• Authorization to join Mountain Partnership
All in favor, motion carried.
ORDINANCE #14, SERIES OF 2010 — Silver Lining Ranch Conversion to Single
Family
Chris Bendon, community development department, told Council this is an application to
convert the Silver Lining Ranch to a single family house. This was a facility for kids
with terminal diseases. The property is zoned Academic and Conservation with an SPA
overlay, which specifies how the property may be used. The conversion requires an
amendment to the SPA. Bendon told Council staff and P&Z have two different
recommendations, which will be reviewed at the public hearing July 12`h. Bendon
entered into the record letters of support from John Corcoran, Aspen Alps; Andrew
Mundays, Forest Barnett, Suzanne Stride, Peter & Julie Gerson, and Chuck Bellack.
Councilman Romero said for second reading he would like to understand how the
purchaser envisions the process by which the foundation will have access for the
proposed 5 year timeframe. Councilman Romero said he would also like to know how
the 5 years was arrived at.
Mayor Ireland moved to read ordinance #14, Series of 2010; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE NO. 14
(SERIES OF 2010)
Regular Meeting Aspen City Council June 28, 2010
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE SPECIALLY PLANNED AREA APPROVALS AND
REZONING TO THE RURAL RESIDENTIAL ZONE DISTRICT THE PROPERTY
KNOWN AS THE SILVER LINING RANCH, LOCATED ON LOT 5 OF THE
STILLWATER RANCH SUBDIVISION, 1490 UTE AVENUE, CITY OF ASPEN,
COLORADO
Mayor Pro Tem Skadron said he would like staff to make sure the community is aware of
the public hearing. Mayor Pro Tem Skadron requested more information on the city's
position on legally created non -conforming structures. Mayor Ireland asked if this were a
vacant Sot and zoned single family, what the allowable FAR would be. Mayor Ireland
said if the code allows less FAR and Council rezones this as single family, does the use
of the building become a non -conforming use. Bendon said the use will be conforming
and the structure will be non -conforming. Mayor Ireland said he would like to know the
implications of a non -conforming structure. Mayor Ireland stated he is concerned about
the use of the zoning process to affect a step -wise process that could not be affected in
the absence of the steps. Mayor Ireland said he is concerned about the trend of using
non-profit use as a means to obtaining plenary zoning and then have a subsequent
conversion that would not have been allowed in the first place and the precedential
weight of that. Councilman Torre said he, too, in interested in the five year provision and
to whom is the benefit going and there may be a more effective utilization for the greater
community benefit.
Councilman Romero moved to adopt Ordinance #14, Series of 2010, on first reading;
seconded by Mayor Ireland. Roll call vote; Torre, yes; Romero, yes; Mayor Ireland, yes;
Mayor Pro Tem Skadron, yes. Motion carried.
ORDINANCE #9B, SERIES OF 2010 — Code Amendment Temporary Outdoor Food
Vending
Drew Alexander, community development department, reminded Council at their June 8t'
meeting, they separated this code amendment into 9A which addressed banners on Main
street flag poles and outdoor merchandising. This ordinance 9B addresses temporary
outdoor food vending. This amendment will limit the number of outdoor food carts to 4;
interior arcades are not limited. This is in the commercial core only, the CL zone and
gondola plaza have been removed from consideration. Alexander noted the ordinance
required an operations plan to include the months of operation, hours of operation, the
exact location of the cart and a list of food and beverages being served. The operation
Ilan has to be included in the notice to adjacent property owners. Alexander said
language on penalties and abandonment of cart has been added and the amendment
would require abandoned carts to be removed. Alexander noted the community
development department can require temporary abatement if the location of a cart
conflicts with a special event. Alexander said staff has created a hand out with the
requirements for outdoor food vending, the purpose and the penalties.
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Regular Meeting Aspen City Council June 28, 2010
Councilman Torre said the guidelines and requirement for operation plan solidifies the
information the city needs. Councilman Torre said he has an issue with 6 month license
that is usable at any time; food cart vendors would have the ability to pick the best
seasons and take business away from long standing businesses that serve the local
community in off seasons. Councilman Torre said he would like to have vendors during
special events rather than be in the same location impacting the same surrounding
businesses.
Mayor Pro Tern Skadron asked about making the temporary food cart vending permit 6
consecutive months. Alexander said the code amendment had a 12 month period; if there
is a time frame — May to November — with a renewal, that can be written into the
amendment. Councilman Romero said Council is trying to balance between an
environment of reliance for the existing businesses versus entrepreneurial endeavor and
new products. Councilman Romero said limiting the number of permits and limiting the
physical area as well as requiring an operation plan and 6 consecutive months will get
this to the balance. Councilman Romero said he would like to do this as a trial, getting
input and being mindful to both sides of the balance.
Mayor Pro Tern Skadron asked if there is a feedback mechanism in place and how will
staff hear from the vendors. Bendon said there is a feedback mechanism in that renewal
is required and staff will hear from the vendors what is working and what isn't.
Councilman Romero asked about tenure. Bendon said there is no concept of tenure;
these will renew every 6 months and staff will get input from the police, from
environmental health and from neighboring businesses. Alexander pointed out the code
amendment states if any element of the operational plan is altered; the community
development department has the ability to revoke that permit.
Mayor Ireland agreed it would be difficult to enforce carts that are in place for 2 weeks,
then not, then 4 weeks, then not, and if the vendor has not specified that dates and times,
staff will have difficult determining whether there has been abandonment or not. Mayor
Ireland said if the penalty is non -renewal or termination, the city should be more specific
about those grounds. Mayor Ireland needs to specify the items that if done or not done
will result in termination. Bendon said staff will amend the ordinance that this allows 6
month consecutive permit or two seasons, starting May 1 and November 1.
Councilman Romero moved to adopt Ordinance i#9b, Series of 2010, on second reading
amending it to allow 6 month consecutive permit and adding language regarding the
specifics on the revocation of the permit; seconded by Mayor Pro Tern Skadron.
Mayor Pro Tern Skadron opened the public hearing.
Toni Kronberg said she thinks outside vending is a good opportunities for families to
grab some quick and not expensive food. Ms. Kronberg said this amendment is in
beeping with the AACP as family oriented.
Mayor Pro Tern Skadron closed the public hearing.
Regular Meeting Aspen Citv Council June 28, 2010
Roll call vote; Romero, yes; Mayor Ireland, yes; Torre, no; Mayor Pro Tern Skadron, yes.
Motion carried.
ORDINANCE #12, SERIES OF 2010 — Aspen Valley Hospital Master Plan Facilities
Phase II
Council discussed having a presentation and public hearing without a full complement of
members. Staff said Councilman Johnson can read the packet and watch the meeting on
Granicus. Mayor Pro Tern Skadron said Council will hear the presentation; however, the
final vote will take place when Councilman Johnson returns.
Jennifer Phelan, community development department, noted this is a public hearing on
phase II of the hospital master plan for expansion and redevelopment. This plan includes
on site medical office space and affordable housing. The applicant received conceptual
approval in 2009 for a 4 phase development plan and this is final PUD for phase II which
includes expansion, construction of part of the medical office space, affordable housing,
and infrastructure improvements. At the last hearing, Council asked for information on
lighting, noise, medical office space, landscaping, Whitcomb terrace and continuing care.
Ms. Phelan pointed out the city only regulates outdoor lighting, not interior lighting, so
the proposals for regulating interior lighting is above and beyond the city's regulations.
The city has allowance for decibel of 60 decibels during the day and 55 decibels at night
in the residential zones. Staff recommends approval of this ordinance.
Dave Ressler, Aspen Valley Hospital, said there may be some confusion about the aim of
this expansion. Ressler stated the applicants do not intend to expand the scope of
services provided. Aspen Valley Hospital is a general acute care hospital, which they
will remain, and do what they do well. Ressler said they want to decompress the existing
facility to accommodate the existing services, adding square feet to the existing facility to
meet contemporary design standards and to facilitate operations, like having private
rooms not semi -private rooms, curtains between beds instead of walls, the absence of
waiting rooms.
Ressler stated AVH supports the regional role of Valley View and shares services with
them and refers people to their specialties. Ressler said the only part of the plan that does
not exist today is medical office space on the campus, which the applicant feels is a
critical need. Ressler said the applicants will address the amended affordable housing
which eliminates 4 units and 6 garages and reduces the nose of the building. Ressler said
they will erect story poles to illustrate the difference in height. This is still within the
conceptual approval. Ressler said the applicants will submit 360' views of the project
and the lighting plan.
Ressler said regarding noise, the applicants have spent considerable time and hired
consultants. Ressler said they will keep the noise levels within present levels and will
stay within the code requirements. Ressler said medical office space is drawing questions
and the applicant is firm this is necessary and appropriate. Ressler said the number I
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Regular Meeting Aspen City Council June 28, 2010
reason for this is to serve the patients. Ressler reminded Council this is only the second
phase which has 12,000 square feet of office space. This phase will focus on the most
critical physicians to have on site; trauma surgeons, obstetricians, orthopedic surgeons.
Ressler said there will probably be 6 to 7 doctors on site in 3 to 4 practices and this
includes their mid level practitioners.
The applicants will address any landscape questions beyond the material provided in the
packet. The sixth issue was parking, the TDM plan and traffic. Material has been
provided to Council and the consultant can answer any questions. The seventh issue was
continuing care/retirement community. Ressler said there is a letter from the
representative of the task force describing that a CCRC needs 10 to 12 acres. The
consultant does not feel the AVH property will accommodate a continuing care
community.
Russ Sedmak, architect, reminded Council they asked the applicant to look at the number
of employee units and look at the mass and height resulting from eliminating any units.
Sedmak said they looked at reducing the affordable housing from 22 to 18 units and to
eliminating 6 tuck under parking spaces. The plan will bring more units to garden level.
Sedmak showed the garden level plan for affordable housing, the ls` level and the 2"d
level which is limited to the central core of the structure. The reduction in the number of
units has the effect on the overall mass of the building. Sedmak showed elevations of the
cast side of affordable housing.
Sedmak showed comparison elevations illustrating the difference in height between the
two buildings. Sedmak had about a dozen views of the property from 360' around the
hospital. There were views from Castle Creek, from Meadowood drive, from the north
end of the meadow, from the closest neighbor, from Twin Ridge. The slides had the
existing hospital and phase II and affordable housing imposed; there were night time
simulations with all possible lights on and without screening and vegetation.
Councilman Romero noted at the last meeting Council went between the need to provide
housing versus the impacts on the view and lighting of the campus. Councilman Romero
said the conceptual approval had a range for affordable housing on site and Council was
concerned about mass and scale and prominence of some of the structures and
eliminating some units to help soften the impacts. Councilman Romero said the original
conceptual application did not contain on -site affordable housing. Councilman Romero
said Council discussed off site housing, like at the Beaumont and at Burlingame.
'.Mayor Ireland noted that hospital care is becoming more labor intensive. Mayor Ireland
said he feels this facility will eventually need every housing unit they can get. Mayor
Ireland said if 18 units is approved, he would like a commitment from the hospital for
participation for 4 units at Burlingame. Mayor Ireland noted demographics change and
the hospital may want family -oriented units. Mayor Ireland said the cost of participating
at Burlingame may be offset by building fewer units on site. Mayor Ireland said one of
the community's problems is trying to retrofit a solution.
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Regular Meeting Aspen City Council June 28, 2010
Councilman Romero stated he appreciates the responsiveness on the overall reduction in
square footage. Sedmak went over how the entries and living areas will work on each
level of affordable housing. Sedmak noted they can only meet the 50% open wall
requirement by utilizing the entry areas, where there will be a corner window with
additional light. The units above the tuck under garages will have views. They have
tried to share stairways. Sedmak said there will be vegetation placed along Castle Creek
to help screen the buildings.
Ressler told Council when they requested on site affordable housing units, they embraced
that. The hospital polled their employees to understand what percentage would live in
this housing, why type of units they would need. This is only one phase of the
development of their affordable housing and this housing is focused on seasonal or
people needing only 1 bedroom. Ressler said there are other places the hospital can
develop housing, like at the Beaumont or Burlingame.
Sedmak said at the last meeting, Council requested a list of major mechanical equipment
with the potential of generating noise. Sedmak said there are 6 air handling units on the
top of the building; 11 small exhaust fans giving off little noise; 1 pad -mounted chiller,
which may be the central culprit to noise and where they are working on improving the
rcoustics; and 1 pad -mounted emergency generator, which runs 30 minutes/month for
test purposes. The boilers are inside the building and only give off noise when the
pressure relief valve goes off. The hospital is looking at mufflers for this. Sedmak told
Council the applicants contemplate replacing two air handling units on the roof with
modern, efficient, quiet units. There is a second pad mounted chiller on the ground and
the plan is to re -build the acoustical separation between this equipment. Sedmak said the
applicants feel there will be significant improvement in the areas most difficult for the
neighbors to deal with. No new equipment is being added; they are replacing existing
equipment with more modern, efficient equipment.
Mayor Pro Tern Skadron opened the public hearing.
Bill Stirling said this project has mass and scale implications that need to be carefully
analyzed. Stirling said it is clear there are positive necessary components of the proposal.
Stirling said there are other major satellite medical centers being developed and the
economics of this should be considered, will there be enough patients to make all
facilities operative and successful. Stirling said one has to consider balance in moving all
the doctors to the AVH facility. Stirling noted having physicians downtown creates a
community, commercial core and is healthy. Stirling said the parking spaces needed
seems to be related to on -site physicians and seems to be massive. Stirling said he thinks
less housing should be on site and should be spread out throughout the community.
Jeannette Damauer, Twin Ridge adjacent to the hospital, said this area has a rural,
distinctive open space feel to it. Their street has no street lights or sidewalks. Ms.
Damauer said that will change if the massive hospital expansion is approved. Ms.
Damauer said there can be improvements the hospital needs without a huge increase in
the building, like medical office buildings, a 210 car parking garage, and 18 units of
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Regular Meeting Aspen City Council .tune 28, 2010
affordable housing on site. Ms. Darnauer asked where the economic need analysis for the
medical office building is, what is considered suitable office space, how many of the
parking spaces are due to the medical office spaces, how large to the hospital rooms need
to be. Ms. Darnauer said the beauty of Aspen need not be destroyed to get quality health
care and devastate the rural character of the area. Ms. Darnauer said they would like to
make sure light pollution does not destroy the neighborhood. Councilman Romero asked
about outreach to Twin Ridge. Ms. Damauer said some Twin Ridge board members
were never notified of meetings; there has been no personal outreach to the Board
members. Ms. Damauer said asked if all hospital standards for room sizes the same for a
city as for a rural area.
Frank Goldsmith complimented the AVH for the improvement to the employee housing;
it is an improvement on the massing. Goldsmith questioned the loop road going in front
of the affordable units. Dave Decody, Meadowood resident, said he is particularly
concerned about the mass and scope of the project, the parking structure, the medical
offices and the employee housing. Decody said the applicants noted this is not an
expansion of capacity, why is there need for housing on site. Decody said the hard needs
of patient care and emergency room should be accommodated. Decody said Council
should look at the real needs of the project.
Bill Rodman agreed with concerns about light pollution in the entire town, not just the
hospital. Rodman said as a trauma surgeon, he has no place for put medical carts or
needed equipment. Rodman said the parking structure can be used in a disaster. Rodman
said having physicians in one spot makes it easier to deal with medical issues, the
consultations are easier. Rodman said he has to fight the traffic to get to the hospital in
emergencies. On site medical offices have a lot of advantages.
Greg Balko, emergency room doctor, told Council the space at the hospital is woefully
inadequate; people are waiting in hallways, there are curtains between patients. Balko
noted a patient is a patient whether in a rural setting or in a city. Balko said access will
be better for physicians if their offices are on site. April, director of maternal care, said
there is a benefit for patient safety to have obstetricians on site and that could improve
patient outcomes in an emergency. Junee Kirk said this hospital is one of the finest rural
hospitals. Ms. Kirk said if Council approves phase 11, they should exclude medical office
space, which would be a change of use and will multiply private office patient visits
through the roundabout. Ms. Kirk said the revised health care plan might be preferable to
bigger. It may preclude those if the hospital site is built out and not building the 20,000
square feet for offices would leave space for future needs. Not as much housing or
parking spaces would be needed without the medical office space.
Marcia Goshorn said the hospital was put in this location to allow future growth needs
and room for expansion. Ms. Goshorn said eliminating affordable housing is an easy out
to lower impacts. Ms. Goshorn noted the AACP calls for having people live closer to
where they work. Ms. Goshorn said the hospital is an important component of this town.
Mindy Nagel, obstetrician, told Council as a doctor and as a board member she has been
involved in the process at many levels. Ms. Nagel said every bit of the process had a
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Regular Meeting Aspen ON Council June 28, 2010
needs assessment and has been looked at for over 10 years. Ms. Nagel said this plan is
about meeting the needs of this community. The outpatient services have increased, how
medicine is delivered has changed. There is only one other hospital in Colorado that is
not campus based and includes medical office space. Ms. Nagel said as an obstetrician
she feels she needs to be on campus and available to patients immediately. Ms. Nagel
noted part of medical reform will align hospital and doctors more closely to not duplicate
services, not do services in two places. This plan is about the future.
Chris Beck, anesthesiologist and president of medical staff, told Council the project has
support from all the medical staff who feel this is a need, not a want. Beck said having
employees live on site is also a patient care and patient safety issue. Beck said in an
emergency room triaging which case will go next can be based on which surgeon can
show up first. Sid Smock said Council should be critical of the medical knowledge being
offered. Smock said one cannot be all things to all people. Smock said Council has to
ask what this project will mean to the taxpayers.
Ann Smock, health planner, said every hospital has patient care as their primary interest.
Aspen Hospital serves this community well and has needs for improving patient care.
Ms. Smock said the country is in an economic downtown and a bond issue for this
facility may not pass. The community has to be very careful about over spending. Ms.
Smock said 18 units is not needed for house staff; people can live at Burlingame. Ms.
Smock noted if the entire site is tied up with a building envelope, there is no room for
future expansion.
Nancy Hall, Meadowood resident, asked about the nighttime with lighting view. Chuck
Frias, Meadowood resident and AVH board member, said the hospital analyzed the needs
very carefully. This hospital is 25 years old and was built to provide different type of
services. Frias said the application lists the outreach efforts to try and communication
with the neighbors. Frias said this is an essential public facility.
Kris Marsh, Aspen Valley Medical Foundation, said Council should think about the
greatest good for the greatest number of people in the community. When one needs to
enter the health care, one needs privacy and respect. The AVMF feels strongly about
privacy, about the affordable housing, about physicians and about financial feasibility.
This expansion is about creating excellent patient care by creating a healing environment
which includes privacy, something AVH lacks. Ms. Marsh said AVMF supports
continuing care and seniors. Ms. Marsh said the hospital will have to search for
physicians to replace those that are retiring and they will probably expect better office
space. Ms. March told Council the AVMF is willing to raise money to support this
expansion. Peggy Carlson, Meadowood, said she has not seen the story poles for the
medical office space. Ms. Carlson said AVH has been responsive to the community and
it is the neighbors' right to see what is happening. Ms. Carlson said she has not seen the
height of the building.
Mayor Pro Tem Skadron closed the public hearing.
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Regular Meeting Aspen City Council June 28 2010
Ms. Phelan entered into the record exhibit R with letters from Eva Sherman, William
Thomas, Greg Give, Junee Kirk, Jeannette Darnauer.
Mayor Ireland left the meeting.
Ressler told Council when the hospital started the project, they did in-depth needs
assessment over 5 years and the hospital is convinced everything they have recommended
is a necessity. Ressler said on community outreach, the hospital feels like they have done
everything they could, including communicating with homeowners' associations and
advertising in the newspapers. Ressler said the hospital knows what it is, what their
scope of services is, what they do well, and that is what they plan on continuing to do.
Ressler said AVH has relationships with other facilities on the western slope and partners
with their specialties.
Ressler said this project was designed to the standards for any patient, neither rural nor
metropolitan Ressler said the applicants recognize medical office space as a place to
reduce mass of the project. Ressler said medical office space is a critical component and
is a need, not a luxury. It affords safe and appropriate care. Ressler stated there is not
subsidization associated with the medical office space, which will be made available at
fair market value. Ressler reiterated that hospital and physician alignment is critical to
health reform. Ressler said there was a concern about using up all the space so there
could be no future expansion. Ressler said the hospital will keep control of the medical
office space so that it could be used for patient care expansion.
Councilman Romero asked about condominiumization of the medical office spaces. Ms.
Phelan said there is no prohibition about changing ownership of a structure. Ressler said
this is not a consideration. Councilman Romero asked the city's counsel regarding a
public entity condom iniumizing and selling the medical offices.
Ressler said the parking program requires an aggressive TDM plan as statistically there
will not be enough parking spaces. Councilman Romero asked if the applicants have
presented to Twin Ridge homeowners. Ressler said they did not request a specific
audience with them. Ressler said they will reach out to those homeowners. Councilman
Romero asked about the story poles. Ressler said they put story poles up where they
could be secured and will put them up for a Council site visit.
Councilman Romero asked about the analysis of putting 12,000 square feet out of 27,000
square feet of office space in phase II. Ressler said that was a design consideration of
what would fit within this expansion. Councilman Romero asked about the other 15,000
square feet. Sedmak showed phase II and the medical office spaces and phase III and
that medical office space. Sedmak said there is only one area that can support a second
floor, which is above the patient care unit. Councilman Torre asked how many office
27,000 square feet can break into. Sedmak said that depends on the specialties.
Councilman Romero asked about using some of this property for continuing care.
Ressler said they started working on continuing care at the same time as working on this
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Regular Meeting Aspen City Council June 28,_2010
plan. Ressler said the applicant feels CCR is best served by being adjacent to life style
opportunities, not a hospital. Ressler said if the community wants to develop a robust
retirement community that should be located where the resident can enjoy a more active
life style. This requires 10 to 12 acres of property. Ressler said if a CCR is located
somewhere else, the applicant could use Whitcomb terrace for affordable housing or for
medical offices. Councilman Romero asked what issues would the applicant be thinking
about with health care reform and if there were no master facilities plan. Ressler said
there are some key elements of health care reform; maintaining a more healthy
population, lower utilization of high cost facilities, which requires a community of
providers to work together. Ressler said in order to better manage a community, a more
integrated delivery system is needed, creating an incentive for physicians to manage the
overall health of a patient rather than being paid episodically. The system will have to be
cost effective and efficient and more communications between providers.
Councilman Torre said this project has been in the works for awhile. Councilman Torre
stated he has issues around parking number, medical offices, overall square footage and
he will work on these issues. Mayor Pro Tem Skadron questioned at what point does
AVH become closer to Valley View, a regional hospital. Ressler said when the facility
starts including specialty services, like urology, ENT, gastroenterology. Mayor Pro Tem
Skadron said his concern is that this facility be appropriate for this community and needs
to be comfortable that it is.
Mayor Pro Tem Skadron asked the current zoning. Ms. Phelan said this is zoned public
and it is through the PUD process that the dimensional requirements are set. Ms. Phelan
told Council the hospital was annexed into the city after it was developed and she will
research the history for Council's next meeting. Mayor Pro Tem Skadron asked if the
open space meets the standards. Ms. Phelan noted there is no ratio, it is set through the
PUD. Leslie Lamont, representing the AVH, told Council this property is roughly 18
acres and the open space is 11.6 acres. The open space includes trails and pervious
surfaces.
Mayor Pro Tem Skadron asked if the applicant is confident there will be enough patients
to keep this operation viable. Ressler said the hospital has enough patients today and is
not betting on an influx of patients from new services, nor a large growth in the
community. Ressler said the only demography they have taken into account is the aging
of the community, which asks for a greater demand of medical services. Mayor Pro Tem
Skadron noted that recently, the Council rezoned some space in town for Aspen Medical
Care practice that was losing their lease. Mayor Pro Tem Skadron said the decision was
based on the idea of community that needs physicians and doctors in town. Ressler said
that was a good decision and these are good up-to-date offices. Ressler told Council they
are not proposing to have every doctor that practices on the hospital campus. Ressler said
Aspen Medical Care is a family -type practice.
Mayor Pro Tem Skadron asked about site coverage and affordable housing and is a future
commitment for 4 units required. Ressler told Council the 18 units proposed on site
meets the mitigation for phase Il. Mayor Pro Tem Skadron asked if doctors really want
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Regular Meeting Aspen City Council .Tune 28, 2010
to live near the hospital. Ressler told Council they did poll their employees and there is a
range of answers. Ressler said a percentage does want to live at employee housing near
the hospital. The hospital will be developing more family -suitable housing in other
location.
Mayor Pro Tem Skadron asked about the switch to out patient services. Ressler
reiterated this facility was built as an inpatient hospital in 1977 when out patient surgery
did not exist. Most of surgery today, because of technology improvements, is done on an
out patient basis. Sedmak noted out patient procedures have more on site diagnostics
required to support those services, all of which takes up space and has complicated the art
of providing health care to patients. Out patient surgery is more labor intensive. This is
not unique in Aspen; it is a common theme in health care.
Gideon Kaufman, representing the applicant, asked what Council needs to bring this to a
vote at the next meeting. Mayor Pro Tem Skadron said staff will report back on
condominiumization, detailing the need for medical office space. Councilman Romero
stated he is sufficiently satisfied and would like to see the ordinance changed to reflect
the updated affordable housing plan. Staff will coordinate with the applicant to see story
poles, and will outline the history of the hospital, the annexation and the zoning.
Councilman Torre moved to continue Ordinance #12, Series of 2010 to July 12`h;
seconded by Councilman Romero. All in favor, motion carried.
RESOLUTION #42, SERIES OF 2010 — Burlingame Ranch Phase II Design
Chris Bendon, community development department, told Council the outreach efforts of
this design team have been outstanding. Bendon noted they recently held a public open
house attended by many citizens. Bendon said there is a resolution in the packet, which
resolution is non -binding and provides design direction for the team. Bendon pointed out
there are 6 questions to which the team would like answers for their design direction.
Scott Miller, asset manager, told Council the team has had two public meetings since the
last Council meeting; one at Burlingame with the HOA and one with the public at large at
the Galena plaza. Chris Everson, asset department, said the meeting with the Burlingame
HOA was the third with them as the city made a commitment to meet with them
extensively on future designs. June 17' there was a community meeting at the Galena
Plaza, outdoors, well attended. Everson told Council the design team heard from people
who they have not heard from previously. Everson said there was a lot of support for this
master plan. Everson said staff posted flyers about this community meeting on every
single door of every rental unit in town.
Miller requested Council approve the 2010 phase II concept master plan on density and
unit mix, building configuration, land utilization, parking and storage, relationship and
connection to phase I, and architectural massing height and scale. Miller reminded
Council staff spent most of 2009 negotiating with the Burlingame homeowners and
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Regular Meeting Aspen City Council June 28, 2010
crafted an agreement approved by 100% of the homeowners. This agreement allowed the
density increase from 236 to 258 units.
Richard Shaw showed the site plan for phase II accommodating 161 multi -family units
and 6 single family lots. The total number of units at the end of phases I and II will be
258 residential units. Shaw said the proposed density of 10 units/acre is about mid range
of affordable projects in Aspen. Shaw noted the current project is 40% three -bedroom;
30% two -bedroom and 30% one -bedroom units. Shaw told Council the site plan has
evolved through continuing the neighborhood, extending the circulation system.
Councilman Romero approved the density as presented by staff and as approved by the
Burlingame homeowners association. The unit mix has been redistributed to achieve a
better balance. Councilman Torre and Mayor Pro Tern Skadron approved the density and
mix of units.
Shaw noted the proposed site plan pushes the road system toward Deer Hill on the
outside of the site and allows a focus of the neighborhood around usable open space. The
buildings are two and three-story residences with 2 parking spaces/unit; 1 in carports
which includes additional outdoor storage. Shaw showed the usable open space and the
natural open space. Shaw said public parks will be included as part of the project.
Drainage will be handled on site with a series of detention ponds. Will, Oz architecture,
told Council the pods have been designed with efficiency, livability and flexibility in
mind. The efficiency comes from the standardization and stacking of the units, which
allows standardization of building details. The standardization is not to mitigate the
livability.
Will went over the different pods; over 2/3 of the pods are on sloping sites, which allows
stepped buildings and enhances the connection to nature and to the outdoor spaces. The
garden units allow a direct connection to the outdoors. Will showed on the site plan how
the buildings can adjust to the contours. The buildings are being design on a 16 or 12
foot module to allow the flexibility to go with modular; they can also be stick built. Will
showed the footprints on site and the efficiency, which has allowed the project to have
fewer buildings than previously planned in the original density agreement. This results in
more open space and a park to be integrated; it also allows more diversity of product.
Will said one of the largest concerns the team heard is parking; this design delivers 161
covered parking spaces as well as 161 non -covered parking spaces. The plan provides at
least 50 square feet of storage remote from the unit and at least 50 square feet within the
unit. The carport integrates storage, retaining walls and trash and recycle areas. Shaw
showed the relationship between phase I and I1 that the edges are soft and melted
together; there are paths between phases to integrate the pedestrian system.
Will pointed out the design has brought the edges down. Will presented elevations of the
various buildings, breaking down the mass and being aware of the pedestrian elements
and bringing down the sense of scale. Miller told Council the design team has discussed
phasing of the project. The design is not at the level of detail to decide which concept to
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Regular Meeting Aspen City Council June 28, 2010
use; there are different ways to phase the project. Everson said approval of this gives the
design team enough direction to move forward into detailed design and confidence they
will not have to do a lot of redesign, causing delays in the project.
Mayor Pro Tem Skadron opened the public hearing. There were no comments. Mayor
Pro Tem Skadron closed the public hearing.
Council agreed this should be voted on by the entire Council. Councilman Torre moved
to continue Resolution #42, Series of 2010, to July 12; seconded by Councilman Romero.
All in favor, motion carved.
Councilman Romero moved to continue the meeting to June 29`h at 5 p.m.; seconded by
Councilman Torre. All in favor, motion carried. Council left the meeting at 10:55 p.m.
Kat . och, City Clerk
17
MEMORANDUM iff C.)
TO: Mayor Ireland and Aspen City Council
FROM: Drew Alexander, Interim Zoning Officer
THRU: Chris Bendon, Community Development Director
RE: Land Use Code Amendments — Ordinance No. 913, Series 2010 — Second Reading
Temporary Outdoor Food Vending
MEETING
DATE: June 28, 2010
SUMMARY:
At the June 8"' City Council meeting, Staff received direction to make further changes to
the Code amendments regarding Temporary Outdoor Food Vending. Council suggested
the following changes:
1) Place a limit on the total number of carts allowed outdoors;
2) Create a clear process for Applicants that outlines all of their requirements;
3) Allow for food carts in interior arcade spaces in the Commercial Core (CC) and;
Commercial Lodge (CL) zone districts;
4) Allow for outdoor food carts only in the Commercial Core (CC) zone district;
5) Define what an Operation Plan should include and that it be incorporate in all
letters that the Applicant releases for property owner and adjacent business
approval; and
6) Define penalties for violating the Operation Plan.
The draft language ("Exhibit B") includes these Council recommendations. Staff feels
that this language offers a superior effort in controlling a potential proliferation of food
carts within the City. Also, this draft language has several provisions that address those
concerns that were voiced from established restaurant owners in the Aspen.
Staff recommends the Council adopt the proposed code amendments.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
Work sessions were held with CCLC and City Council in addition to a survey that was
distributed by ACRA to local retailers.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
•
•
RECOMMENDATION:
Staff recommends the City Council approve the City -initiated amendments to Temporary
Food Vending as described in Ordinance 9B, Series of 2010.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 913, Series of 2010."
ATTACHMENTS:
Ordinance No. 913, 2010, for Temporary Outdoor Food Vending
Exhibit A — Existing text for Outdoor Vending
Exhibit B — Proposed text for Outdoor Vending
Exhibit C — Temporary Food Vending Applicant Handout
Page 2 of 2
F--x ►t l r3 1 7- c.
Temporary Food Vending —Application Guidelines:
• Purpose
This document shall serve as a guide for potential temporary food cart operators. This
document should assist in the Land Use Application process, but is not an officially
recorded document. For the full list of rules and regulations, see Section 26.470.060(7)
of the City of Aspen's Land Use Code.
• Application Requirements
The following list of requirements must be satisfied by all food cart applicants:
❑ A complete business plan that describes the hours of operation, desired months
of operation, types of food and beverage being offered, and location.
❑ Letters of approval from the property owner and adjacent businesses. It should be
clear in the approval letters that all parties were aware of ALL aspects of the
business plan.
❑ A dimensioned drawing of the food cart or a photo
❑ A dimensioned site plan showing the location of the food cart
❑ A written explanation of how the proposal meets the applicable criteria in the
Land Use Code.
❑ Completed Land Use Application and payment of all necessary fees.
• General Comments and Penalties:
o The Community Development Director shall consider a returning vendor's past
performance in considering a permit renewal. This shall include but shall not be
limited to input from the Environmental Health Department, the Chief of Police,
special event staff, and feedback from adjacent businesses
o The Community Development Director may revoke the permit and cause removal
of the vending operation based on input from the Environmental Health
Department or the Chief of Police in order to protect public safety and welfare.
o The Community Development Director may require a temporary cancelation of
operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food cart will
create a public safety issue or create an excessive burden on the event's activities.
The Community Development Director may revoke the permit and cause removal
of the vending operation if the vendor fails to accommodate such a request.
o A substantial change in the business plan (i.e. hours of operation, food and
beverage being sold, location) may be cause for revocation of the permit.
r
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
0N D FI`i A,�O AA L 2(a. E S: ,0 rr� , 206 O
STATE OF COLORADO )
) SS. .
County of Pitkin )
I, _A' r—A -e—A G S C o g-nyl (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
✓ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing etj�
and was continuously visible from the _ day of , 200, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested; to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAN are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
44gnat
The foregoing "Affidavit of Notice" was acknowledged before me this 1 22 day
of 200 , by
PUhLIC NOTICE
RE:CITY INITIATED AMENDMENTS TO CHAP-
TERS 26.470.05C.7. 26.510, and 26.575.030 OF
TITLE 26, CRY OF ASPEN LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, April 26, 2010, at a meet-
ing to begin at 5:00 p.m. before the Aspen City
Council, Council Chambers, City Hall, 130 S. Gale-
na St., Aspen, to consider Community Develop-
ment Department initiated amendments to the
City's Land Use Code related to the provisions for
Temporary Outdoor Food Vending, Signage, and
Public Amenity Space; through amendments to
Chapters 26.470.060.7, 26.510, and 26.575.030
respectively. For further information, contact Drew
Alexander at the City of Aspen Community Devel-
opment Department, 130 S. Galena St., Aspen,
C O
drew. afexanderOCkaspen. o. s. 9 2 7 3 9
s/Michael C. Ireland, Chair
Aspen City Council
Published in the Aspen Times Weekly on Apnl 11.
2010 [48688611
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: .
VV4��
Notary Public
ATTACHMENTS AS APPLICABLE:
IE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGA9
• LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY,
A,
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin )
I, 2C SC,4 (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
(/ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in ,
r t. Said notice was posted at least fifteen (15) days prior to the public hearing
�'VW..rvas continuously visible from the _ day of , 200_, to
IV, AaI1� n- ng the date and time of the public hearing. A photograph of the posted
? note a igrt) is attached hereto.
s
Mailing of notice. By the mailing of a notice obtained from the Community
r `i, �ewlooment Department, which contains the information described in Section
>0¢�3b .060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
- lic hearing, notice was hand delivered or mailed by first class postage
Prepaid -OTAmail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
SignaAffe
The foregoing "Affidavit of Notice" was acknowledged efore me this N day
of ��,�jV�(,U� , 20JO by C
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
*Cartnrda M ExPiM$09VP6JZ013
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
'UBLIC NOTICE
RE:CITY !NITIATED AMENDMENTS TO CHAP-
TERS'6.510, 26-104.100, 26.710.160, AND
26.575 OF THE LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday February 16, 2010, at a
meeting to begin at 4:30 p.m. before the Aspen
Planningg and Zoning Commission, Sister Cities
Room, C'dy Hall, 130 S. Galena St., Aspen, to con-
sider Community Development Department initiat-
ed amendments to the City's Land Use Code relat-
ed to the provisions for Signs, Definitions, S/C/I
Zone District, and Miscellaneous Regulations:
through amendments to Chapter 26.510,
26.104.100, 26.710.160. and 26.575 respectively.
For further information, contact Drew Alexander at
the City of Aspen Community Development De-
partment. 130 S. Galena St., Aspen. CO, (970)
429.2739, drew.alexander®ci.aspen.co.us.
s/Stan Gibbs
Aspen Planning and Zoning Commission
Published in the As en Times Weekly on January
31.2010 [4578556J
City Planning`& Zoning Meeting- Minutes - January 05, 2010
COMMENTS...........................................................................2
MINUTES...............................................................................3
CONFLICTS OF INTEREST......................................................3
CODE AMENDMENTS...............................................................................n3
SIGN
CODE AMENDMENTS......................................................8
ELECTION OF CHAIR & VICE CHAIR........................................9
• •
City Planning_& Zoning Meeting — Minutes — January 05, 2010
LJ Erspamer opened the regular meeting in Sister Cities Meeting Room at 4:30pm.
Commissioners present were Jasmine Tygre, Michael Wampler, Cliff Weiss, Bert
Myrin, Brian Speck, Stan Gibbs, LJ Erspamer and Jim DeFrancia. Staff present
were Jim True, Special Counsel; Chris Bendon and Drew Alexander, Community
Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Bert Myrin distributed the holiday construction hours from the Aspen Times; he
said that it seemed to him that the construction hours were supposed to be for the
resort area and the north rooms of the Hotel Jerome were adjacent to an area that
was exempted. Myrin asked if there was a way to include the space adjacent to the
hotel which also happens to be the neighborhood that he lives in. Cliff Weiss
asked who put this in action in the first place. Chris Bendon replied City
Engineering. Myrin wanted to know why was there a carve out for this area and if
it was just an oversight was there a way to change it. Bendon encouraged Myrin to
speak with engineering.
Myrin asked about the blanks in future calendars. Chris Bendon said that April 6`h
was not on the schedule but it should be a regular meeting.
Brian Speck asked where the ethical handbook came from. Jackie Lothian replied
that was from the attorney. Bert Myrin asked if there were examples that were not
in there that the attorneys had difficult times making decisions on. Jim True
replied that questions often come up about the P&Z Commissioner residing within
300 feet of an applicant; you have to leave the room. LJ Erspamer asked if you
could hire an attorney. Jim True said that you could have someone representing
you; it depends on the nature of the issue; you are allowed if you redevelop your
house, you can have people represent on your behalf and you may even do it
yourself; if it's your personal house. Myrin said there were certain gifts that were
appropriate in the city as home rule that are not appropriate in the state; the state
has more stringent requirements. True said that the gifts issue was a tough one, an
example that we use is that Council does accept entrance into food and wine,
which is a theoretically a valuable gift but it is felt that it serves a significant
purpose to the City to have its elected officials participating in an event of that
nature. True said that if someone is providing a gift out of the ordinary you should
be very cautious.
Stan Gibbs asked if P&Z judges an issue and we want to testify before Council if
that was allowed. True replied that he actually thinks that it is allowed; it has
happened before and someone will show up and Council will inquire as to the
position or position as a whole; he didn't think that there was a problem with that.
V
• •
Citv Planning & Zoning Meeting— Minutes — January 05. 2010
Bendon said that they usually ask commissioners to clarify whether they are
commenting on behalf of the entire commission or if just as a neighbor and not on
behalf of the commission.
MINI TTF C
MOTION: Bert Myrin moved to approve the minutes from December 15, 2009,
seconded by Brian Speck; all in favor, APPROVED
CONFLICTS OF INTEREST
None stated.
CONTINUED PUBLIC HEARING (12/15/09):
CODE AMENDMENTS — TEMPORARY OUTDOOR FOOD VENDING,
SIGNAGE, PUBLIC AMENITY SPACE
LJ Erspamer opened the continued public on the Code Amendments. Chris
Bendon said the Main Street Sign and Banner was back on for tonight, then the
Outdoor Merchandising and lastly to start drafting amendments to the sign code.
Brian Speck said that there was neon on the whole top deck of the Dancing Bear.
Drew Alexander said the changed language was on page 13. Alexander reiterated
that Kathryn Koch has had this on her agenda for quite a while. Alexander said it
was a pretty simple change; the current purpose statement repeats what is in the
eligibility section and there was some strange language that they cleaned up as
well. Alexander said that they clarified between meetings with Jim True and there
was a recurring statement on page 11 that mentioned "recurring annual events"
was taken out and replaced with local non-profit organizations but kept the element
of "significant interest of the community". Jim True said that there was concern
for making sure that the events that use banners are important for a large segment
of the local community as opposed to various national events that may or may not
be appropriate for this community. True said it had "content neutral" to apply with
freedom of speech issues; it's as simple as if it's a local political event then you
can have a banner. Cliff Weiss said that the edibility reads that you have to be
non-profit and local; he didn't think that the X-Games were local. True said that if
it was considered significant to a large segment of the community, it applied.
Erspamer said that's what he would like to see defined. True responded that it was
hard to define and would be hard to argue that the community doesn't support the
X-Games or the Broncos but there might be other things the community might not
support and puts us in a close area addressing content but they were trying to do it
where it was constitutional but what we believe the community wants. Weiss said
it was at the discretion of the City Manager, which was interesting. True replied
K,
• •
City Planning & Zoning Meeting — Minutes — January 05, 2010
that was for flags. Erspamer asked if something does happen and then there was a
national event that discredits that group; can the City Manager take those flags
down and refund their money at his discretion. True said there was a difference
between flags and banners; the discretion of the City Manager is for the flags
(country flags). Bendon said the flags were on public property and the sign code
addressed everything on private property. Stan Gibbs asked if it would make sense
to change the "significant to a large segment" to "just events that are considered
relevant to the community". Gibbs said that relevance was easier to define. True
said that he had no objection to the word "relevant". Weiss said that he liked
"relevant". Jim DeFrancia said that the language can't be drafted in a manner that
is so perfect but if we have a reasonable guideline that's what we are trying to do.
Myrin said the old code had significant years or anniversaries; so was the tenth and
every year after that; so if a non-profit was significant for the first 10 years then
they could put up banners up every year after but if they were not they could not;
he asked what the intent was. True replied the intent is that if you made your l Oth
anniversary you can apply for your 11 th also. True said it was written that you
could only have banners on significant anniversaries and a year or so ago there was
a request for the 59th anniversary because it wasn't really their 60th but they were
starting their 60th early. Myrin stated that it was very nice that Kathryn Koch has
been doing this for all these years and understands the problem. Weiss said
increments of 5 years after 10 years; otherwise there were a lot of non -profits that
were 10 years old. True responded that was what it was before and some
anniversaries may not be on the 5th or l Oth for whatever reason someone was doing
something significant for it and that's why that was changed. Bendon said that
Kathryn has been taking all of the odd year issues to City Council and Council
asked why they were looking at these again; so this language will fix the issue of
odd years.
Drew Alexander explained that Outdoor Merchandising was incorporated with
Public Amenity; page 15 #9. "Commercial Activity. No area of a building site
designated as a 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.B3, Administrative growth management review."
Alexander said this was a direct conflict with what the town was doing in response
to the code because there was plenty of outdoor merchandising going on in public
amenity space in 2009 so the direction received from Council was to make this
M
• •
City Planninp, & Zoning Meeting— Minutes — January 05, 2010
flexible and create language that does allow it and on page 17 there was some
revised code language that adapts to that direction. "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. In
addition, outdoor merchandising must meet the following requirements".
Alexander said there were 5 requirements under this section: it shall be maintained,
orderly and located in front of or approximate to the storefront (20 feet back from
the right-of-way); the display of merchandise shall in no way inhibit the movement
of pedestrian traffic along the public right-of-way; the size and amount of
merchandise allowed is at the discretion of the property owner (the landlord is the
one granting the size of the close rack); umbrellas, canopies and similar devices are
not allowed for outdoor merchandising; no area of a building site is designated as
required public amenity space under section shall be used for the overnight or long
term storage of merchandise this includes an exception of the Farmer's Market.
Alexander said the final change was for outdoor restaurant seating and deleted a
large clause.
Cliff Weiss said that public amenity area may be utilized. Chris Bendon responded
that was private property but it was called public amenity space and it was not
rights -of -way such as sidewalks or streets, which were public property. Bendon
said they also may introduce a width requirement for the entrance to a building;
engineering uses 5 or 6 feet sidewalk clear space. Stan Gibbs said that egress must
be maintained through the public amenity space. Gibbs asked to what extent
outdoor merchandising was permitted on any public property. Bendon replied that
the Farmer's Market and through special event licenses; outdoor restaurant seating
in the malls in the summer was issued by CCLC. Bendon said that also through
vending licenses which go through City Council or the City Manager. Bert Myrin
asked if the bicycles outside of the HUB was on private property, public amenity
space and the bronze statues on Cooper; did they have to come in at night and he
liked the idea of things coming in at night. U Erspamer asked Bert if the statutes
livened up the mall area.
Drew Alexander said the definition of storage was storage for merchandise; you
can't put out merchandise in public amenity space without the ability to be able to
purchase the merchandise. Bendon said the outdoor merchandising has to be
active merchandising. Alexander summarized that under "g" merchandise needs to
be cleaned up to "no merchandise in the public right-of-way and egress for front
entrances and exits must be maintained. The commission asked what the Fire
Marshall thought about the egress.
5
• 0
City Planning & Zoning Meeting — Minutes — January 05, 2010
Chris Bendon asked if the commission wanted to see this language again. Bendon
said that they would revise the language in the form of a resolution and email it out
to everyone. Bendon said if there are questions they will bring them back.
Drew Alexander distributed a photo from the gondola. The third code Amendment
was for temporary outdoor food vending found in the Growth Management Section
of the Land Use Code. Alexander said that in 2009 there was a lot of interest in
this (page 7 of the memo) but just a handful of people establish their carts and
operated their businesses mainly because the rules and regulations are a little strict
and staff presented Council with the current language and staff was given
direction. The primary changes were the duration of the permit; the locations that
a food vending cart could be set up and some minor things like signage
requirements and fees. Alexander said that you were able to receive a 6 month
permit but there wasn't any discussion; you take a day off and have another 6
month permit. The locations have been expanded to include the Commercial Core
but also the Commercial Lodge and Gondola Plaza. The Commercial Lodge was a
pretty small zone district in the city within arcades at the North of Nell, Aspen
Square and the Residences. Weiss said that Gondola Plaza would not work in the
winter because skiers were coming down. Bendon said the Ski Company would
have the say if they were interested in doing this as well as adjacent businesses
approval. Gibbs said that the cart should be operated from a fixed location.
Michael Wampler asked what was keeping the retailer from charging rent; he
objected to this because these 6 month vendors could skip payment of not only rent
but also taxes. Bendon said that this had to be on private property so you have to
talk to that property owner; it's just not setting up in front another coffee shop; you
have to also obtain the approvals of the adjacent businesses. LJ Erspamer asked
what is adjacent. Bendon said on all three sides. Erspamer said "immediately
adjacent".
Weiss said under #3 there was one run-on sentence and asked if temporary use of
outdoor food vending was only by a restaurants or retailers. Alexander responded
that section was not changed in the existing language it read that just restaurants
and retailers. Weiss asked about the snow cone shop by Radio the snowboard shop
and if they were related. Alexander replied no. Weiss said that staff wanted to
limit it to a restaurant or some kind of concession of a restaurant where a retailer is
already paying for bricks and mortar and you have to be one of those 2 things or
you are not going to get a food vending license. Bendon said that when this was
done 7 or 8 years ago that was the desire and no massage chairs or something else.
Gibbs said that as a retailer you could have someone on your property that you felt
IZ
• s
City Planning & Zoning Meeting — Minutes — January 05, 2010
attracted them to you and so it might be good for the retailer. Michael Wampler
replied that it would be great if the landlords felt that way. Bendon said the reason
they put that the landlords and adjacent businesses (tenants) had to approve was
because it would be between businesses and businesses and staff. The
commissioners agreed to letting the arcades allow the number of carts. Myrin
asked to include Obermeyer in the district. Jasmine Tygre said that you can't just
include part of the SCI Zone and not another part; if you open SCI again the same
issues will come up as they have over the last 15-20 years or more.
Gibbs and the commission agreed to striking by "a restaurant or retailer" just on
private property on page 9.
Alexander said that the 6 months language was taken out and created a beginning
date and an ending date and created a requirement that at the end of this period the
operation shall be subject to review by the City Clerk and Community
Development to make sure that it meets the criteria.
Alexander said that in the fee section it was made clear that the operator shall be
assessed the current fees listed in the land use code. The area includes the cart and
the area for the operator to stand.
Alexander said the size of the sign that can be installed shall be the lesser of 50%
of the surface area of the front of the cart or 6 square feet. Alexander said that
food carts in locations with no visibility along the public right-of-way shall be
allowed on sandwich board sign; so if in an arcade you could put out a sandwich
board sign. Erspamer said as long as it doesn't impede pedestrian traffic in the
right-of-way. Bendon said that they will have a discussion about the sign code in
general; independent of what we do with the sign code on sandwich boards do you
want these vending carts the ability to have sandwich boards; this will take place in
the sign code revisions.
Erspamer said if they were going to have a trash can then they should have some
form of recycling.
Myrin asked if someone wanted to create food vending on the parking lot behind
Boogie's would there be affordable housing requirements. Myrin asked if the Ute
City Restaurant put a food cart in front of their 2 new restaurants would there be
any affordable housing mitigation required. Bendon answered no to both as long
as they were in compliance within 50 square feet. Myrin said the Popcorn Wagon
should have the same rules apply as any other business because it is not on wheels,
%/
• •
City Planning & Zoning Meeting — Minutes — January 05, 2010
there were tables, chair and a fire pit and it is a permanent business; should it not
have the same requirements as someone else who has that permanent business.
Public Comments:
1. David Schoenberger, public, said that what Bert was talking about gets into
little a dangerous area when you ask someone to provide employee housing
with only a 6 month permit.
Bendon said that there were a lot of corrections to this resolution; is the
commission okay with staff making these amendments and just do a review by
email.
MOTION: Jim DeFrancia moved to approve Resolution #001-10; seconded by
Michael Wampler. Roll call vote: Weiss, yes; Speck, yes; Wampler, yes; Gibbs,
yes; Myrin, yes; DeFrancia, yes; Erspamer, yes; APPROVED 7-0.
Chris Bendon said that staff would like to hear if there was anything that the
commissioners would like to amend in the sign code. Bendon said that the sign
code was very inordinately complicated and a point of frustration for staff was
when a business comes in and there are existing businesses with signs; there is an
aggregate sign area so the size of the new business sign depends on the size of
everyone else's sign so the new business has to go and measure the sign area.
Bendon said that staff would look at this sign code as simplified as possible.
Weiss said that the City had some pretty stringent sign code rules; no neon was
allowed. Weiss said that the City was trying to downplay garish and to some
degree some things have relaxed since the 70's when there were little signs. Myrin
said that McStorlie's sign and each letter was large and ran a 20 foot length and to
somehow address that large of a sign. Erspamer said that it would not be the width
of each letter but the length by the width of the entire sign. Alexander said that
they do draw a line around the entire sign. Bendon noted there was a difference
between window signs and store signs. Gibbs said that his question was the
difference between signs that are on the bricks and the signs in the windows.
Gibbs asked what was a window display and what was a sign. Bendon said there
was a different provision for window displays. Bendon asked the commission if
they wanted staff to look at more conservative window displays. The
commissioners except for Bert agreed with more conservative windows displays.
Myrin said that the national vendors plan those displays for the whole country and
probably plan them to meet sign codes for as many cities as they can. Gibbs said
that if they want to do business here they have to come up with a new sign here.
Weiss said it was the way McDonald's blended into this community; they had to
• 0
City Planning & Zoning Meeting- Minutes — January 05, 2010
do something unique for Aspen. Bendon asked the commissioners to look around
at window displays between now and the next sign code hearing; some are very
nice.
MOTION: Jim DeFrancia moved the public hearing on the sign code to March 2,
2010, seconded by Cliff Weiss. All in favor, APPROVED.
OTHER BUSINESS — ELECTION OF OFFICERS —
MOTION: Jim DeFrancia moved to continue with the same officers, seconded by
Bert Myrin.
MOTION: Cliff Weiss moved to nominate Stan Gibbs as chair, Bert Myrin
seconded. Secret ballot vote: Stan Gibbs, 4; LJ Erspamer 3. Stan Gibbs is the
new chair.
MOTION: Michael Wampler moved to nominate LJErspamer as vice -chair,
seconded by Bert Myrin. Jim DeFrancia nominated Cliff Weiss for vice -chair,
seconded by Bert Myrin seconded. Secret ballot vote: LJErspamer, 4; Cliff Weiss
3. LJ Erspamer elected as vice -chair.
Adjourned at 6:50 pm.
Jackie Lothian, Deputy City Clerk
G!'
MEMORANDUM viki
TO: Mayor Ireland and Aspen City Council
THRU: Drew Alexander, Interim Zoning Officer P.P<'
FROM: Chris Bendon, Community Development Director
3ivv,
RE: Land Use Code Amendments — Ordinance No. 9, Series 2010 — Second Readin
Temporary Outdoor Food Vending
Signage
Public Amenity Space
MEETING
DATE: May 24, 2010
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,
and signage in response to a work session held with City Council in September of 2009.
The work session referenced above was held in order to gain Council's opinion on
existing conditions related to the market environment in and around the Commercial
Core. More specifically, this discussion involved outdoor merchandising, temporary
outdoor food vending regulations, sandwich board signs, and outdoor dining. Staff
researched the code and drafted an implementation strategy for language changes. The
following Land Use Code Sections were grouped together for the initial text amendment
review:
• 26.470.060.7, Temporary outdoor food vending,
• 26.510.110.13.4, Signs on public right-of-way, and
* 26.575.030.F, Public Amenity (outdoor merchandising)
These amendments have been reviewed by the P&Z on December 15th, 2009 and January
5t', 2010 where a recommendation of approval was granted under Resolution No. 1,
Series of 2010
A comprehensive Sign Code rewrite that includes changes to sandwich board signs
recently received a recommendation by the Planning and Zoning Commission on May 4
under Resolution No. 10, Series of 2010. Staff will be presenting this draft to City
Council at a future date.
Staff recommends the Council adopt the proposed code amendments.
MAIN ISSUES:
1.) Temporary Food Vending on Private Property: City Council and Community
Development Staff were in agreement that more flexibility and choices for individuals
• 0
pursuing a food vending cart permit would aid in adding vitality to the downtown. The
proposed changes add to the existing program and maintain market 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 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 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 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 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 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 Merchandising. 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
needs to match existing conditions and to have some level of control.
The proposed code language now allows for outdoor merchandising in public amenity
space or private property. 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 similar
devices in conjunction with outdoor merchandising displays.
0
C�
3.) Signage: This code language change to the sign code refers to 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. This revision would
give the City Clerk more confidence in granting sign approvals, and would also greatly
reduce the number of banner or flag sign proposals being presented to the City Council.
No requirements or review standards have been altered. Staff would like to create a
separate Land Use Code chapter for Signs on Public Property. A more comprehensive
re -write of the Sign Code will be presented to Council at a later date.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
Work sessions were held with CCLC and City Council in addition to a survey that was
distributed by ACRA to local retailers.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
RECOMMENDATION:
Staff recommends the City Council approve the City -initiated amendments to Temporary
Food Vending, Public Amenity, Signage, as described in Ordinance 9, Series of 2010.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 9, Series of 2010."
ATTACHMENTS:
Ordinance No. 9, 2010, for Outdoor Merchandising, Outdoor Vending, and Main Street
Banners
Exhibit A.1 — Existing text for Outdoor Vending
Exhibit A.2 — Redlined text for Outdoor Vending
Exhibit B.1 — Existing text for Main Street banners
Exhibit B.2 — Redlined text for Main Street banners
Exhibit C.1 — Existing text for Pedestrian Amenity
Exhibit C.2 — Redlined text for Pedestrian Amenity
Exhibit D — Planning and Zoning Minutes
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Chris Bendon, Community Development Director
Drew Alexander, Interim Zoning Officer -I>,4
RE: Land Use Code Amendments — Ordinance No.1, Series 2010 — First Reading
Temporary Outdoor Food Vending
Signage
Public Amenity Space
MEETING
DATE: April 12, 2010
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,
and signage in response to a work session held with City Council in September of 2009.
The work session referenced above was held in order to gain Council's opinion on
existing conditions related to the market environment in and around the Commercial
Core. More specifically, this discussion involved outdoor merchandising, temporary
outdoor food vending regulations, sandwich board signs, and outdoor dining. Staff
researched the code and drafted an implementation strategy for language changes. The
following Land Use Code Sections were grouped together for the initial text amendment
review:
• 26.470.060.7, Temporary outdoor food vending,
• 26.510.110.13.4, Signs on public right-of-way, and
• 26.575.030.F, Public Amenity (outdoor merchandising)
A comprehensive Sign Code rewrite is still under review by the Planning and Zoning
Commission and has been scheduled for a separate and independent review.
The amendments have been reviewed by the P&Z on December 151h, 2009 and January
5`h, 2010 where a recommendation of approval was granted under Resolution No. 1,
Series of 2010.
Staff recommends the Council adopt the proposed code amendments.
MAIN ISSUES:
1.) Temporary Food Vending on Private Property: 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 changes add to the existing program and maintain market fairness in the
• .1k
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 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 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 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 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 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 Merchandising: 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
needs to match existing conditions and to have some level of 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 similar devices in
conjunction with outdoor merchandising displays.
•
3.) Signage: This code language change to the sign codb refers to 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. This revision would
give the City Clerk more confidence in granting sign approvals, and would also greatly
reduce the number of banner or flag sign proposals being presented to the City Council.
No requirements or review standards have been altered. Staff would like to create a
separate Land Use Code chapter for Signs on Public Property. A more comprehensive
re -write of the Sign Code will be presented to Council at a later date.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
Work sessions were held with CCLC and City Council in addition to a survey that was
distributed by ACRA to local retailers.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
RECOMMENDATION:
Staff recommends the City Council approve the City -initiated amendments to Temporary
Food Vending, Public Amenity, Signage, as described in Ordinance �, Series of 2010.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. -9-1
Series of 2010 on first reading."
ATTACHMENTS:
Exhibit A.1 — Existing text for Outdoor Vending
Exhibit A.2 — Redlined text for Outdoor Vending
Exhibit B.1— Existing text for Main Street banners
Exhibit B.2 — Redlined text for Main Street banners
Exhibit C.1— Existing text for Pedestrian Amenity
Exhibit C.2 — Redlined text for Pedestrian Amenity
Ordinance No. a, 2010, for Outdoor Merchandising, Outdoor Vending, and Main
Street Banners
• 0
Exhibit A.1
Temporary Outdoor Food Vending
Revision of Land Use Code:
(Existing Language)
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) 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.
Temporary Outdoor Food Vending
Revision of Land Use Code:
(Revised Redline)
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
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 emergencye egress or pose a threat to public health, safety and welfare. 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 operationshall 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. 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_ Si tg_iage 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 signa)e shall be the lesser of fifty percent (50%)
of the surface area of the front of the cart, or six (6) square 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
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.
Exhibit B.1
Signs on Main 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 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 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 26.510.110.B.4.a of local nonprofit organizations shall be
0
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.
0
Signs on Main St. Light Posts
Revision of Land Use Code:
(Revised 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 purpose of
these policies and regulations is to clarify which events may be celebrated and
advertised through the use of banners or flags huns7 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
(1 Oth) year and for events that are considered relevant to a large 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.
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 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.
0
•
Public Amenity
Revision of Land Use Code:
(Existing Language)
Exhibit C.1
F. Design and operational standards for public amenity. Public amenity, on all privately owned land
in \\ hich 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 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. 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. 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,
0
display and merchandising of goods and services; provided, however, that the prohibition of this
Paragraph shall not apply when such use is in conjunction with permitted commercial activity on an
abutting right-of-way or is otherwise permitted by the City. For outdoor food vending in the
Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management
review.
10. Commercial restaurant use. The provisions above notwithstanding, required public amenity
space may be used for commercial restaurant use if adequate pedestrian and emergency vehicle
access is maintained.
11. 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:
(Revised 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. 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 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. Landscaping_, lean. 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 Merchandising on Private Property. Private propeM may be utilized for merchandising
purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This
0
shall not grant transient sales from peddlers who are not associated with an adjacent commercial
operation. In addition, outdoor merchandising must meet the followin�,,, 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 ingyress/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 26.304.0701?.
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)
CITY COUNCIL AGENDA
April 12, 2010
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Red Dust on Snow
b) Proclamation — Colorado Architecture Month
c) Proclamation — National Exercise is Medicine Month
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #25, 2010 — 2010 Concrete Replacement Contract
b) Resolution #26, 2010 - Jennie Adair Water Supply Contract
c) Resolution #27, 2010 — Contract Western Colorado Preschool Cooperative
d) Resolution #28, 2010 - Agreement with Aspen Consolidated Sanitation District
e) Resolution #29, 2010 — Renewal of ARC Concessionaire Contract
f) Resolution #30, 2010 — Wheeler Box Office Website Redesign
g) Resolution #32, 2010 — EOTC 2010 '/2 cent Sales & Use Tax Budget
h) Minutes — March 22, 31, 2010
VII. First Reading of Ordinances
a) Ordinance #9, 2010 — Miscellaneous Code Amendments P.H. 5/10
b) Ordinance #10, 2010 — Supplemental Appropriation P.H. 4/26
Vill. Public Hearings
a) Resolution #31, 2010 — Expansion of Saturday Market Hyman
b) Ordinance #7, 2010 — 301 W. Hyman Affordable Housing PUD
c) Ordinance #8, 2010 — Code Amendment Exemption to Real Estate Transfer Tax
IX. Information Items
a) Mo-Mod-Mod
X. Adjournment
Next Regular Meeting April 26, 2010
COUNCIL'S ADOPTED GUIDELINES
✓ Stick to top priorities
✓ Foster a safe, supportive, innovative work environment that encourages creativity and acceptable
risk -taking
✓ Create structure and allow adequate time & resources for citizen processes
ORDINANCE NO. _I
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING 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.F
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,
26.5 10.11 O.B.4, and 26.575.030.F 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 on December 15, 2009, the
Planning and Zoning Commission continued a 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.
WHEREAS, during a duly noticed public hearing on May 10`h, the City Council
took public testimony, considered pertinent recommendations from the Community
Development Director, referral agencies, Planning and Zoning Commission, and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is 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
the promotion of public health, safety, and welfare.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 1
C
C
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to 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 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
welfare. 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 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. If all criteria are still met then the
operator may receive a permit renewal.
City of Aspen City Council
Ordinance No. _, Series of 2010
Page 2
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 total amount of signage shall be the lesser of
fifty percent (50%) of the surface area of the front of the cart, or six (6) square
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
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 City of Aspen City Council hereby
approves the amendments to Section 26.5 10.11 O.B.4, Banners and Flags on Main St.
City of Aspen City Council
Ordinance No. _, Series of 2010
Page 3
0
•
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. 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 large 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 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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 4
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 City of Aspen City Council hereby
approves the amendments to Section 26.575.0301, 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 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 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.
City of Aspen City Council
Ordinance No. Series of 2010
Page 5
0 •
5. Grade limitations. Required public amenity shall not be more than four (4) feet above or
two (2) feet below the existing grade of the street or sidewalk which abuts the public space,
unless the public amenity space shall follow undisturbed natural grade, in which case there
shall be no limit on the extent to which it is above or below the existing grade of the street,
or if a second level public amenity space is approved by the Commission.
6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating
mid -block pedestrian links, any required public space must, if the City shall so elect, be
applied and dedicated for such use.
7. Landscaping plan. Prior to issuance of a building permit, the Community Development
Director shall require site plans and drawings of any required public amenity area, including
a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with
any public amenity requirements under this Title.
8. Maintenance of 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 Prop. 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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 6
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 4•
A public hearing on the Ordinance was held on the 10`h day of May, 2010, at 5:00 p.m. in
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.
Section 5•
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 herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6•
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 1 Oth day of May, 2010.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
City of Aspen City Council
Ordinance No. , Series of 2010
Page 7
Michael C. Ireland, Mayor
, 2010.
RESOLUTION NO. 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.F
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,
26.510.11O.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
welfare. 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 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. 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 total amount of signage shall be the lesser of
fifty 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 large 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 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.
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 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 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 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. 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.
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
0
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
Attest:
t
4tCh
i
Approved as to form:
City Attorney
Planning and Zoning Commission
Resolution No. 1, Series of 2010
Page 7
54�\day of � UA � , 2010.
LJ pamer, C air
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
III. 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
L�
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
Drew Alexander, Planner Technician
RE: Land Use Code Amendments — Resolution No. _, Series 2009 — Public Hearing
Temporary Outdoor Food Vending
Signage
Public Amenity Space
MEETING
DATE: January 5, 2010 (Continued from 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 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. 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 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 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.
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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 and 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 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 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 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 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 Merchandising/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
0 0
prohibits the installation of umbrellas, retractable canopies, or similar devices in
conjunction with outdoor merchandising displays.
3.) Signage: 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 enforcment. 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.
RECOMMENDATION:
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.
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RECOMMENDED MOTION:
"I move to approve PZ-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
Exhibit 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
•
•
ORDINANCE NO. —L308
Series of 2009
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TELLURIDE,
COLORADO AMENDING THE TELLURIDE MUNICIPAL CODE CHAPTER 6,
ARTICLE 4 AT § 6-4-20, "DEFINITIONS" TO MODIFY THE DEFINITION TO INCLUDE
THE USE OF "CLEAN ENERGY," AT § 6-4-40(b)(4) "VENDING ON PUBLIC
PROPERTY, MOBILE VENDING" TO AUTHORIZE AN ADDITIONAL MOBILE
VENDOR AND TO MAKE ADDITIONAL CLARIFYING CHANGES.
WHEREAS, the Town Council, from time to time, wishes to make changes to
longstanding programs within the Town; and
WHEREAS, the Town Council wishes to amend Chapter 6, Article 4 "Vending" to
implement such changes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TELLURIDE, COLORADO as follows:
Section 1.
The Telluride Municipal Code Chapter 6, Article 4 is amended to read as set forth in
Exhibit A hereto incorporated herein by this reference.
Section 2.
This Ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinance
repealed or amended as herein provided and the same shall be construed and
concluded under such prior ordinances.
Section 3.
The provisions of this ordinance are severable and the invalidity of any section, phase,
clause or portion of the ordinance as determined by a court of competent jurisdiction
shall not affect the validity or effectiveness of the remainder of the ordinance.
Section 4.
This ordinance shall become effective upon the date of publication of notice of its
passage in a newspaper of general circulation within the Town of Telluride.
Section 5.
A public hearing on the ordinance shall be held on the 12th day of May 2009, in the
Town Council Chambers, Rebekah Hall, 113 E. Columbia, Telluride, Colorado.
INTRODUCED, READ AND REFERRED at a public hearing before the Town Council of
the Town of Telluride, Colorado on the 121h day of May, 2009.
TOWN OF TELLURIDE ATTEST
Stuart Fraser
Town Clerk
Mayor
HEARD AND FINALLY ADOPTED by the Town Council of the Town of Telluride,
Colorado this 12 day of MAY, 2009.
TOWN OF TELLURIDE
By:
Stuart Fraser
Mayor
ATTEST
L '
lgcy/�� Town Clerk
APPROVED AS TO FORM:
Kevi J. Geig r
Town Attorney
•
ARTICLE 4
Vending
Sec.6-4-10. Purpose.
(a) All public rights -of --way within the
Town's corporate limits are the property of the
Town. They are administered for and utilized
primarily for the benefit of the traveling public
and franchised municipal utilities, and secondarily
for commercial activities along the rights -of -way.
The purpose of this Chapter is to regulate the
location, time, manner and amount of vending
activities on public and private property in such a
manner as to protect the rights of the public, pub-
lic property and the rights of private property
owners to peace and tranquility in their resi-
dences.
(b) The intent of this Article is to allow
limited commercial activity from small, nonper-
manent, display apparatus which are compatible
with the existing neighborhood. (Prior code
5.12.010; Ord. 1252 § 1, 2006)
See.6-4-20. Definitions.
As used in this Chapter, the following terms
have the following meanings:
Display apparatus means a nonpermanent
structure, table, wagon, tray or cart for the dis-
play and vending of goods, merchandise, food,
wares or services.
Extraordinary circumstances means occa-
sions that are not usual, expected, regular or of
a customary nature.
Farmer's market means an event selling
primarily agricultural -based products coordi-
nated by a nonprofit organization and author-
ized by the Town in compliance with the Land
Use Code. Farmer's market does not mean
any vending activity allowed on the Spruce
Street Mall by this Chapter.
Long-term vending means vending on pri-
vate property for a term longer than that
defined as short-term vending.
Major festival event shall be defined as in
Section 11-4-10 of this Code.
Mobile vendor means a person engaged in
vending activity using a nonmotorized device,
a device Rowered by a quiet electric motor or
similar clean power source, or a tray, wagon or
basket.
Nonprofit organizations means those
groups which have been granted a Section
501(C)3 or 503 tax exempt status by the Inter-
nal Revenue Service.
Public property means all real property
owned, leased or managed by the Town,
including but not limited to public rights -of -
way, streets, sidewalks, parks and parking
areas.
Sale or sell means the exchange of goods or
services for money or other consideration,
including the offering of goods or services for
donation except when offered to express reli-
gious, social or political belief.
Short-term vending means vending on pri-
vate property which occurs no earlier than the
Thursday preceding a major festival event and
ends the Monday following a major festival
event.
Vending activity means the act of selling or
offering for sale wares, goods, merchandise,
food or services with or without a display
apparatus, from a location outside of a build-
ing, and which activity is not an accessory use
as defined by the Land Use Code.
Vending Committee, Staff means the Town
Clerk and the Planning Director.
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0
Vending history will be determined by
reviewing the names on Town -approved appli-
cations.
Vending Subcommittee, Council means two
(2) Town Councilpersons assigned by the
Town Council, and the Town Clerk.
Yard sale means the sale of personal goods
occurring on public or private property. (Prior
code 5.12.020; Ord. 1252 §1, 2006; Ord. 1288
§ 1, 2007)
Sec. 6-4-30. Activities allowed without a
permit.
The following activities are allowed without a
permit, provided that the activity or use does not
constitute a hazard to public health, safety, wel-
fare and/or property or violate any other law of
the Town. Nothing herein shall prohibit occa-
sional ticket sales or fundraising without the use
of a display apparatus by a nonprofit organization
or any activity allowed under Chapter 11, Article
5 of this Code:
(1) Entertainment for which no fee is
charged and which is not subject to regulation
under Chapter 11, Article 5 of this Code.
(2) Free distribution of information, flyers,
pamphlets, brochures or petitions.
(3) Display of advertising on a carved
sandwich board.
(4) Individual or group yard sales at any
one (1) location not exceeding three (3) con-
secutive days in duration and totaling not more
than eight (8) days per year.
(5) Sales by children under the age of
fourteen (14) years of age with items for sale at
a cost of a maximum of three dollars ($3.00)
an item.
(6) Use of the permanent table next to the
kiosk on the corner of Colorado and Pine by
nonprofit organizations.
(7) Farmer's market activity on public or
private property authorized by the Town.
(Prior code 5.12.030; Ord. 1252 § 1, 2006)
Sec. 6-4-40. Vending on public property.
(a) Rules.
(1) Permit required. It shall be unlawful
for any person to engage in vending activity on
public property without a permit or without
compliance with the provisions of this Article.
(2) Application required. An application
for a vending permit, including a drawing of
the proposed display apparatus and proposed
signage, shall be submitted to the Town Clerk
by published deadlines. Deadlines will be not
less than two (2) months preceding the next
season. The application shall be in a form pre-
scribed by the Town Clerk and shall be for a
specific vending site. Application for multiple
sites is allowed but is only granted at the dis-
cretion of the Vending Subcommittee. Any
application for multiple sites should prioritize
the wishes of the applicant. The Town Clerk
shall forward applications to the Vending Sub-
committee in a timely manner, after deter-
mining that the application, including fees and
evidence of insurance, is complete. The
Vending Subcommittee shall approve or dis-
approve all applications prior to the com-
mencement of vending activity.
(3) Indemnification and liability insurance
required. As a permit condition, persons
engaging in vending activity shall agree to
indemnify and hold harmless the Town, its
officers, employees and agents against any and
all claims for damage to persons or property
arising out of or resulting from the permittee's
actions or omissions in the permitted use.
Vendors shall also maintain comprehensive
general public liability and property damage
•
•
insurance in amounts no less than one million
dollars ($1,000,000.00) per person and two
million dollars ($2,000,000.00) per incident.
Insurance policies shall name the Town, its
officers, employees and agents as additional
insureds and shall provide that the insurance is
primary and that no other insurance maintained
by the Town will be called upon to contribute
to a loss covered by the policy. The policy
shall further provide written notice to the
Town prior to cancellation or material change.
Evidence of such insurance is required prior to
permit issuance.
(4) Other licenses required.
a. Applicants shall obtain all required
permits or licenses from all applicable gov-
ernmental entities before a vending permit
is issued, including but not limited to a
Colorado sales tax license, a Town business
license and, if the vending activity includes
any food product, written approval from the
San Miguel County Environmental Health
Department. Vendors must be current with
the Colorado sales tax and Town excise tax
prior to the issuance of a permit. Thereaf-
ter, timely payment of taxes is required to
maintain a permit.
b. The vendor shall prominently display
all required permits and licenses on the
vending apparatus or, if no such apparatus
is used, shall make such permits available
upon reasonable request by any member of
the public or official of the Town.
(5) Nontransferable. The vending permit
is not transferable or assignable.
(6) Noninterference. No person engaged
in vending activity shall make any unnecessary
sounds or noise, obstruct any sidewalk or other
public property, disturb or impede other per-
sons or otherwise author any public nuisance.
The use of radios, stereos and tape decks in
connection with any vending activity is pro-
hibited.
(7) Display apparatus.
a. Display apparatus, if used, must be
no larger than three (3) feet in width, five
(5) feet in length and seven (7) feet in
height, excluding umbrellas and other
similar devices. The use of tents is prohib-
ited. All accoutrements must be contained
in a 5' x 8' area. Accoutrements must be
necessary to the business.
b. All display apparatus shall be
removed from public property at the end of
each working day except in extraordinary
circumstances and with prior written notifi-
cation to the Town. Dogs may not be
hitched to the display apparatus.
c. Signage shall be painted on or
attached to the display apparatus, and a
drawing to scale of the proposed signage
shall be included in the application. Signs
on display apparatus shall not exceed cov-
erage of fifty percent (50%) of the front of
the apparatus and fifty percent (50%) of
each side of the apparatus and shall not
appear on umbrellas or other similar
devices that extend above the display appa-
ratus,
d. The use of generators is prohibited.
(8) Area maintenance.
a. A vendor shall maintain both the per-
mitted area, the immediate area surrounding
the permitted area and the display apparatus
in a neat, clean and hazard -free condition.
Applicants must provide a written plan for
disposal of trash generated by the business
or pay, in advance, a Town trash fee of
forty dollars ($40.00) per month for pick-up
of trash from nearby public containers.
b. Oak Street Mall vendors may not set
a display apparatus on the grassy area.
Public picnic tables may not be used as dis-
play apparatus. Farmer's market vendors
•
•
must protect the North Spruce Street Mall
grass by daily changing the siting of prod-
ucts, placing carpet under personnel sta-
tions and rerouting pedestrian traffic before
the grass becomes impaired. Spruce Street
vendors are allowed to use an 8' x 8' "EZ
UP" type awning to protect produce from
the sun.
(9) Fees. The required application fee
shall be submitted with the application. All
permit fees shall be paid before commence-
ment of the vending activity.
(10) Choice of vendors. Sites will be
approved and assigned by the Vending Sub-
committee. The Vending Subcommittee shall
consider the following factors when deciding
which applicant shall be issued a permit.
Points will be allocated as shown below:
a. Diversity (in Town and by vendors)
of offered food, goods, wares, merchandise
or services — up to three (3) points;
b. The number of years the applicant
has lawfully vended on public property in
the Town — one and one-half (1.5) points
per season;
c. Appearance, quality, safety and
attractiveness of the display apparatus — up
to three (3) points;
d. Compliance report review — points
taken away for infractions; and
e. Years that applications are submitted
but not granted -- one-half ('/z) point each
application.
(11) Abandon/surrender.
a. Upon determination of abandonment
of a permit, past vending history points will
return to zero.
b. During Summer Season (May 15 to
October 14), a vendor who does not partici-
pate in a vending activity for four (4) out of
seven (7) days (Sunday to Saturday),
weather permitting, without prior written
notification to the Town Clerk of extraordi-
nary circumstances, will be considered to
have surrendered and abandoned his or her
permit, except that vendors are allowed
fourteen (14) vacation days to be taken at
the vendor's discretion.
c. From December 20 to the day
following official closure of the ski area, a
vendor who does not participate in vending
activity for two (2) out of seven (7) days
(Sunday to Saturday), weather permitting,
without prior written notification to the
Town Clerk of extraordinary circum-
stances, will be considered to have surren-
dered and abandoned his or her permit,
except that vendors are allowed fourteen
(14) vacation days to be taken at the ven-
dor's discretion.
d. From October 15 to December 19
and from the day following official closure
of the ski area to May 14, vendors have no
minimum days of mandatory activity.
e. A vendor, after receiving a permit,
may begin to vend earlier than the season
start time if a site is vacant.
f. When a space has been abandoned,
the Town shall have the right to reassign
vacated spaces to another applicant. The
Town Clerk reserves the right not to
authorize an absence where extraordinary
circumstances have not been demonstrated.
(12) Modifications. The Town Clerk may
approve insubstantial modifications to this
Section as long as the intent of this Article is
met. The Town Clerk may adopt additional
rules and regulations for administering all
permits, and all applicants shall comply with
said requirements. Vendors will be notified in
writing of changes to rules and regulations
prior to implementation.
(b) Vending areas, allowed uses, application
fees and permit fees.
(1) Oak Street Mall area (North Oak
Street/Elks Park):
a. Permits allowed: four (4).
b. Application fee: ten dollars
($10.00), nonrefundable.
c. Allowed use: sale of wares, goods,
merchandise or food from a display appa-
ratus.
d. Location: assigned sites (four [4]) on
Colorado Avenue at Oak Street.
e. Permit fees:
1. Summer season, May 15 through
October 14: five hundred dollars
($500.00).
2. Winter season, October 15
through May 14: two hundred fifty
dollars ($250.00).
(2) Oak Street/San Juan/Gondola area:
a. Permits allowed: one (1).
b. Application fee: ten dollars
($10.00), nonrefundable.
c. Allowed use: sale of wares, goods,
services, merchandise or food from a dis-
play apparatus.
d. Location: assigned site on Town
property.
e. Permit fees:
1. Summer season, May 15 through
October 14: five hundred dollars
($500.00).
2. Winter season, October 15
through May 14: two hundred fifty
($250.00)
(3) Spruce Street Mall area:
a. Permits allowed: two (2). There
shall be no simultaneous vending by ven-
dors. Each vendor is limited to operating
two (2) days per week. Criteria for assign-
ment of days shall be by seniority and a
lack of negative reports.
b. Application fee: ten dollars
($10.00), nonrefundable.
c. Allowed use: sale of fruits, vegeta-
bles, nonalcoholic beverages and flowers.
d. Location: North Spruce Street Mall.
e. Permit fees: June 15 through Octo-
ber 31, two hundred dollars ($200.00).
(4) Mobile vending:
a. Permits allowed: one two
b. Application fee: ten dollars
($10.00), nonrefundable.
c. Allowed use: sale of food and
nonalcoholic beverages from a nonmotor-
ized device a device Rowered by a quiet
electric motor or similar clean power
source or a wagon, cart, tray or basket.
d. Location: public rights -of -way.
e. Permit fees:
1. Summer season, May 15 through
October 14: five hundred dollars
($500.00).
C�
2. Winter season, October 15
through May 14: two hundred fifty
dollars ($250.00).
(5) Town Park area: No vending activity
shall occur in the Town Park except during a
major or minor festival event as defined by
Chapter 11, Article 5 of this Code in accor-
dance with any such festival event permit, or
except as may be permitted by the Recreation
Director.
(6) Payment rates for all areas may be
changed by resolution of the Town Council.
(Prior code 5.12.040; Ord. 1252 § 1, 2006; Ord.
1288 §1, 2007)
Sec. 6-4-50. Vending on private property.
(a) Permit and owner authorization required.
It is unlawful for any person to engage in vending
activity on private property without a permit and
the written permission of the legal owner of the
property-
(b) Permit review and approval.
(1) An application for a vending permit,
including a drawing of the proposed display
apparatus and proposed signage, shall be sub-
mitted to the Town Clerk for approval or dis-
approval prior to commencing vending activ-
ity. The application shall be in a form pre-
scribed by the Town Clerk.
(2) The Town Clerk may approve the
application only after determining that:
a. The application, including fees and
insurance evidence, is complete;
b. The written permission of the legal
owner of the proposed vending site has
been obtained;
c. The proposed vending activity is
consistent with the purposes and require-
ments of this Article;
d. The vending activity is consistent
with the permitted uses in the zone district
regulations of the Town;
e. The applicant has the ability to com-
ply with the requirements of this Article
and any necessary permit conditions;
f. Applicable rules and regulations for
permit administration have been met; and
g. The Vending Subcommittee has
approved the display apparatus.
The Town Clerk may adopt additional rules
and regulations for accepting, reviewing and
administering all permits, and all applicants
shall comply with said requirements.
(c) Indemnification and liability insurance
required. As a permit condition, persons engaging
in vending activity shall agree to indemnify and
hold harmless the Town, its officers, employees
and agents against any and all claims for damage
to persons or property arising out of or resulting
from the permittee's actions or omissions in the
permitted, use. Vendors shall maintain compre-
hensive general public liability and property dam-
age insurance. General vendors shall provide
coverage limits not less one million dollars
($1,000,000.00) per person and two million dol-
lars ($2,000,000.00) per incident. Insurance poli-
cies shall name the Town, its officers, employees
and agents as insureds; and shall provide that the
insurance is primary and that no other insurance
maintained by the Town will be called upon to
contribute to a loss covered by the policy. The
policy shall further provide written notice to the
Town prior to cancellation or material change.
Evidence of such insurance is required prior to
permit issuance.
(d) Other licenses required.
(1) All applicants shall obtain required
building or other permits or licenses from all
applicable governmental entities before a per-
mit is issued, including but not limited to a
•
Colorado sales tax license, a Town business
license and, if the vending activity includes
any food product, written approval from the
San Miguel County Environmental Health
Department. Vendors must be current with
Colorado sales tax and Town excise taxes prior
to the issuance of a permit. Thereafter, timely
payment is required to maintain a permit.
(2) The vendor shall prominently display
all required permits and licenses on the vend-
ing apparatus or, if no such apparatus is used,
shall make such permits available upon rea-
sonable request by any official of the Town.
(e) Nontransferable. The vending permit is
not transferable or assignable.
(f) Noninterference. No person engaged in
vending activity shall make any unnecessary
sounds or noises, obstruct any sidewalk or other
public property, disturb or impede other persons
or otherwise author any public nuisance.
(g) Signage. Signage shall be painted on or
attached to the display apparatus, and a drawing to
scale of the proposed signage must be included in
the application. Signs shall not exceed a total of
eight (8) square feet. Signs shall not be lit.
(h) Rest rooms accessible. Those vending
activities that include food service and provisions
for seating of patrons shall provide accessible rest
rooms within the immediate area that meet the
specifications of the San Miguel County Envi-
ronmental Health Department.
(i) Area maintenance. A vendor shall main-
tain both the permitted area, the immediate area
surrounding the permitted area and the display
apparatus in a neat, clean and hazard -free condi-
tion. Applicants must show proof of their ability
to provide for disposal of trash generated by their
business or, at the discretion of the Town Clerk,
pay a Town trash fee of forty dollars ($40.00) per
month for pick-up of trash from nearby public
containers.
6) Review. Permits issued for vending on
private property will be reviewed every six (6)
months for compliance with permit requirements.
(k) Fees. There is a ten -dollar application
fee.
(1) The Town Clerk may approve insubstan-
tial modifications to this Section if the intent of
the Article is met.
(m) The use of generators is prohibited.
(n) Long-term and short-term vending. Ven-
dors on private property shall be either short-term
or long-term vendors as defined in Section 6-4-20
above. All vendors shall comply with applicable
rules and regulations.
(o) Long-term vending.
(1) Display apparatus. Display apparatus
on private property must be no larger than
seven (7) feet in width, sixteen (16) feet in
length and nine (9) feet in height.
(2) Staff Vending Committee. The Town
Clerk and the Planning Director, shall review
proposed display apparatus and its site for
appropriateness with respect to the character of
the neighborhood. Display apparatus shall be
reviewed for appropriateness based on the
following criteria:
a. Compatibility with the character of
the surrounding area.
b. Orientation and siting with respect to
impact on adjacent properties and public
ways.
c. Landscaping, including but not lim-
ited to surface materials, plants, benches,
tables and trash receptacles.
d. Compatibility of apparatus materials,
finishes and colors with surrounding area.
0
e. Design, size and placement of sign -
age.
f. Appropriateness of lighting
g. Size and placement of flags, awnings
and banners.
(3) Public notice. The applicant shall post
the property with signage provided by the
Town Clerk, at least ten (10) days prior to any
permit being issued.
(4) Location. Long-term vending on pri-
vate property is allowed on Colorado Avenue
between Willow and Aspen Streets.
(p) Short-term vending.
(1) Display apparatus. Display apparatus
on private property must be no larger than
seven (7) feet in width, sixteen (16) feet in
length and nine (9) feet in height. The maxi-
mum size includes flags, awnings, banners and
signage.
(2) Tents. Use of a tent as a display appa-
ratus is permitted for short-term vending use.
Tents shall be no larger than ten (10) feet in
width, ten (10) feet in length and fifteen (15)
feet in height. No vendor, agent, affiliate, par-
ent or subsidiary thereof shall erect more than
one (1) tent per event or one (1) tent per lot or
contiguous lots.
(3) Location. Short-term vending is
allowed in areas where conunercial uses are
allowed by zoning. (Prior code 5.12.050; Ord.
1252 § 1, 2006; Ord. 1288 § 1, 2007)
Sec. 6-4-60. Nonprofit waivers.
Any person or organization with proof of non-
profit status may apply to the Town Clerk for
approval of a waiver of vending permit fees or
specific sections of this Article if doing so does
not violate the intent of this Code. (Prior code
5.12.060; Ord. 1252 §1, 2006)
Sec.6-4-70. Penalties.
(a) Violation of any of the provisions of this
Article shall be a misdemeanor, punishable as set
forth in Paragraph 1-4-10(a)(1) of this Code.
(b) Violations or noncompliance with any
permit condition or provision of this Article may
also result in immediate suspension or revocation
of any vending permit by the Town Clerk, subject
to the right of hearing within'three (3) business
days after any such suspension upon request of the
permit holder. (Prior code 5.12.070; Ord. 1252
§ 1, 2006)
Sec.6-4-80. Appeals.
All appeals of this Article shall be directed to
the Town Council. Any appeal of a decision or
final action by the Town Clerk may be made by
filing with the Town Clerk a written notice of
appeal within fourteen (14) days of the date of the
decision or final action appealed. The Town
Council will hear such appeal within thirty (30)
days of filing of the appeal. (Prior code 5.12.080;
Ord. 1252 § 1, 2006)
ARTICLE II. SOLICITORS AND PEDDLERSS*
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5T'EA.&A 8OA-r
5-r,et .0 -s
ARTICLE If. SOLICITORS AND PEDDLERS*
*State law references: Authority to license, tax and regulate peddlers, C.R.S. § 31-15-501(1)(g).
DIVISION 1. GENERALLY
Sec.12-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Peddler means any person who travels from place to place by any type of
conveyance, carrying his wares with him, offering and exposing the wares for sale or
making sales and delivering articles to purchasers, or any person who, without
traveling from place to place, sells or offers the same for sale from any type of
vehicle or conveyance. A peddler generally offers for sale, consummates the sale
and delivers the goods at one and the same time to the ultimate consumer. Any
person who solicits orders and, as a separate transaction, makes deliveries to
purchasers as part of a scheme or design to evade the provisions of this definition
shall be deemed peddling and shall be subject to the provisions of this article. The
word "peddler" does not include any person who goes upon private property for the
purpose of peddling, having been invited to do so by the owner or occupant of such
property.
(2) Solicitor or canvasser means any person who travels from place to place by
any type of conveyance taking or attempting to take orders for the sale at retail of
goods, wares and merchandise or personal property of any nature whatsoever for
future delivery, whether or not such person has, carries or exposes for sale a sample
of the subject of such sale, or whether or not he is collecting advance payments on
such sales. The word "solicitor" or "canvasser" does not include any person who
goes upon private property to solicit or canvass, having been invited to do so by the
owner or occupant of such property.
(3) Transient selling means any person, either as principal or agent, who engages
in a temporary business of selling and delivering goods, wares and merchandise
from a fixed location within the city and who, in furtherance of such purpose, hires,
leases, uses or occupies any building, structure, room, apartment, lot, parking lot,
street or other place, whether public or private, within the city, for the exhibition and
sale of such goods, wares and merchandise, either privately or at an auction. Any
person who engages in transient selling shall not be relieved from complying with the
provisions of this article by reason of associating himself with any established local
dealer, trader, merchant or auctioneer, or by conducting transient selling in
connection with, as part of or in the name of any established local dealer, trader,
merchant or auctioneer. If the conduct of any person falls within the definitions of
both peddler and transient selling as contained in this section, he shall be deemed to
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be transient selling for the purposes of this article.
(Code 1975, § 5.14.020)
Cross references: Definitions and rules of construction generally, §§ 1-31, 1-32.
Sec. 12-27. Exemptions from article.
(a) All religious, nonprofit and charitable organizations shall be exempt from the
requirements of section 12-43(f) pertaining to issuance of a development permit, and
section 12-42(3) pertaining to payment of license fees, but shall otherwise be required to
comply with the provisions of this article.
(b) Any fair, show or exhibition of arts, crafts or similar handiwork, or citywide celebrations,
observances or special events such as an annual sidewalk or parking lot sale, which include
more than five (5) exhibitors or merchants, shall be exempt from this article; provided,
however, that the sponsors shall apply to the city manager for a special events license. The
application shall include the name and local address of the sponsor, proposed duration,
number of exhibitions or merchants taking part in the fair, purpose of the event and a
description of the goods and types of goods to be sold. The refusal of the city manager to
issue a special events license may be appealed to the city council.
(1) At the time of filing the application, a fee of fifty dollars ($50.00) shall be paid to
the city clerk to cover the cost of investigating the facts stated in the application. No
fee shall be charged to religious, nonprofit or charitable organizations.
(2) The city manager may impose conditions on the approval of the special events
license, including required sanitation and cleanup measures, security measures, and
bond to guarantee performance of the conditions or to secure the payment of the
sales tax due to the city.
(c) Yard and garage sales shall be exempt from the provisions of this article.
(d) The sale of household goods or food products made or raised by the salesperson on
his premises shall be exempt from this article, provided that such sales take place on the
premises of the salesperson.
(e) The sale of fresh produce shall be exempt from section 12-43(f) pertaining to issuance
of a development permit, but shall otherwise be subject to the provisions of this article.
(f) Vendors, merchants, exhibitors and salesmen who exhibit, demonstrate or solicit orders
for goods or merchandise in conjunction with and as part of an organized program of
conventions, professional meetings, trade association meetings, seminars or other similar
meetings held at hotels, motels or public or private meeting areas within the city shall be
exempt from the provisions of this article.
(Code 1975, § 5.14.100; Ord. No. 1396, § 3, 7-5-94)
Sec. 12-28. Peddling or soliciting at residences restricted during certain hours.
It is unlawful for any person, regardless of age, to peddle, solicit or canvass at any
residence house, apartment building or any other dwelling or abode between the hours of 8:00 p.m.
and 8:00 a.m. each day unless such person has, between the hours of 8:00 a.m. and 8:00 p.m. of
each day, obtained the advance consent from a person residing at such residence, apartment or
any other dwelling or abode.
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(Code 1975, § 5.14.030)
Sec. 12-29. Conduct of business on street or other public place.
(a) No peddler, solicitor, canvasser or transient seller shall:
(1) Carry on his business upon any street, alley, sidewalk, park or any other public
place unless his license specifies that peddling, soliciting, canvassing or transient
selling in such public place is permitted thereunder, and in no case shall such
provisions be made without approval of a development permit by the city council
following recommendation of the planning commission. The city manager or his
authorized representative shall have the authority to revoke or suspend the permit
upon misconduct by the permittee;
(2) Sell from any established or permanent location upon any street, alley, sidewalk,
park or other public place without approval of a development permit; or
(3) Park or stand his wagon, automobile or other vehicle upon any sidewalk or
sidewalk area, or upon any street, alley, highway or public thoroughfare so as to
obstruct the free travel thereon.
(b) The city council, may approve an application for a development permit to use a public
place; however the city manager may, determine that the peddling, soliciting, canvassing or
transient selling constitutes an obstruction of the public way or place, constitutes a health
hazard or other hazardous condition upon the public way or place, is not in compliance with
the laws of the city, or is not compatible with the intended use or traffic upon the public way
or place, and may revoke the license or add reasonable conditions.
(Code 1975, § 5.14.090; Ord. No. 1396, § 3, 7-5-94)
Secs. 12-30--12-40. Reserved.
DIVISION 2. LICENSE
Sec.12-41. Required.
It is unlawful for any person over sixteen (16) years of age to peddle, solicit, canvass or
engage in transient selling within the corporate limits of the city without first obtaining a license as
provided in this division.
(Code 1975, § 5.14.010)
Sec. 12-42. Application; term; fee; deposit.
Every person transacting any business or other activity requiring a license under this division
shall first procure from the city clerk a license permitting him to engage in any of such selling or
soliciting activities. This license shall be referred to as a transient dealer's license. A transient
dealer's license shall be issued in accordance with the following procedures:
(1) Transient dealer's licenses issued to peddlers, solicitors and canvassers shall
be issued for a period of one year and shall be renewable for successive periods of
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one year upon the payment of the annual license fee. Licenses issued for transient
selling shall be issued for periods of fourteen (14) days and may not be renewed.
(2) Applicants for a license shall file with the city clerk, at least three (3) days prior
to the date upon which the applicant desires to begin his business, a sworn
application, in writing, on a form to be furnished by the clerk, which shall give the
following information:
a. The name, physical description, age, social security number and driver's
license number of the applicant;
b. The permanent home address and full local address of the applicant;
c. A brief description of the nature of the business and goods shown for
sale or for future delivery, including the manufacturer, producer and supplier
of the goods;
d. If employed, the name, address and phone number of the employer,
together with credentials establishing the exact relationship between the
employer and employee;
e. The length of time for which the right to do business is desired;
f. The exact location in which the applicant intends to do business. If the
location is to change during the license period, the applicant must so state on
the application;
g. If any one or more vehicles are to be used, a description of the vehicles,
together with the license number and other means of identification; and
h. The particular manner and means by which the applicant intends to sell
his goods or take his orders.
(3) At the time of filing the application, a license fee shall be paid to the city clerk to
cover the cost of investigating the facts stated in the application and administrative
costs. The license fee shall be twenty-five dollars ($25.00) for peddlers, solicitors
and canvassers, and fifty dollars ($50.00) for transient sellers.
(4) At the time of filing the application, the applicant shall provide the city clerk with
an estimate of his anticipated sales taxable in accordance with chapter 22, article II
and shall deposit a sum equal to four (4) percent of the amount with the city
treasurer; provided, however, that the deposit shall not be less than one hundred
dollars ($100.00). Upon verification by the city that the licensee has paid the sales
tax due the city, the deposit shall be returned to him. If the licensee fails to pay the
city's sales taxes within ninety (90) days from the expiration of the license, the city
council may declarg the deposit forfeited and notify the licensee at his local address
shown on the license.
(Code 1975, § 5.14.040)
Sec. 12-43. Investigation of applicant; issuance.
(a) Upon receipt of the application for a license under this division, an investigation shall be
conducted at the direction of the city manager to determine the applicant's business and
moral character.
(b) If, as a result of such investigation, the applicant's character and business responsibility
are found to be unsatisfactory by the city manager, the city clerk shall so endorse upon the
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application and set forth the reasons therefor, and shall then notify the applicant of the
disapproval of such application and that no license shall be issued.
(c) If, as a result of such investigation, the applicant's character and business responsibility
are found satisfactory, the city manager shall approve the application, and the city clerk shall
endorse the approval on the application, and, upon receipt of the necessary fees as set
forth in this division, shall execute and deliver to the applicant a license and permit to carry
on such business within the city limits.
(d) The license issued to a successful applicant shall contain the signature of the city clerk,
the type of license issued, the kind of goods to be sold thereunder, the date of issuance and
the expiration date.
(e) If the city manager refuses to issue a transient dealer's license, the applicant may
appeal the refusal to the city council.
(f) In no event shall a license be issued for transient selling which is to be located on lands
within the city designated as commercial (C), commercial highway (CH) or commercial
transitional (CT) zoning districts on the official zoning map for the city, unless a
development permit for such transient selling has first been applied for and approved by the
city council, following planning commission review, as set forth in chapter 26.
(Code 1975, § 5.14.050; Ord. No. 1396, § 3, 7-5-94)
Sec. 12-44. Separate license required for each person engaging in business.
No more than one individual person shall engage in business or operate under the same
transient dealer's license, whether as principal or agent, or as an assistant to any principal or agent.
(Code 1975, § 5.14.080)
Sec.12-45. Revocation.
(a) A license issued under this division may be revoked by the city council after notice to
the licensee and a hearing at which the licensee may be heard, for any of the following
causes:
(1) Fraud, misrepresentation or any false statement contained in the application for
the license;
(2) Fraud, misrepresentation or any false statement made in the course of carrying
on the licensee's business as a transient dealer;
(3) Any violation of this article;
(4) Conviction of any crime or misdemeanor involving moral turpitude; or
(5) Conducting business in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to public health, safety or general
welfare.
(b) Notice of the hearing for revocation of a license shall be given in writing, setting forth
specifically the grounds of complaint and the time and place of hearing. Such notice shall be
personally served, or may be mailed, postage prepaid, to the licensee at his local address
as set forth on the application, at least three (3) days prior to the date set for the hearing.
(Code 1975, § 5.14.070)
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Sec. 12-46. Record of licenses.
The city clerk shall maintain a record of all licenses issued pursuant to the provisions of this
division and all license fees collected, which fees shall be paid into the general fund for the city.
(Code 1975, § 5.14.060)
Secs. 12-47--12-49. Reserved.
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jAt-)CcA—tvC-
CITY OF SAUGATUCK
P.O. BOX 86 102 BUTLER STREET SAUGATUCK, MI 49453
PHONE (269) 857-2603 FAX (269) 857-4406
APPLICATION FOR HAWKER/PEDDLER LICENSE
,200 . 200 LICENSE #
Application Date Approval Date Fee Date Pd.
($900 + $25 each additional day)
ALL APPLICANTS WILL BE PROVIDED A COPY OF CITYOF SAUGATUCK CODE OF
ORDINANCES, CHAPTER 113: HAWKERS AND PEDDLERS WITH THIS APPLICATION.
Name of Manager, Owner, Supervisor
Home Address
Local Business Address
If the applicant is not the owner, give relationship to the owner
If the applicant is an employee, list home address
Description of Vehicle/License #
(Note: Proof of insurance and registration is required.)
Length of time license is requested and hours of operation
Describe the nature of the business
Describe all items/merchandise to be sold (include price range)
Items/merchandise to be sold is from (check one): stock, sample, direct sale,
taking orders.
If items/merchandise are farm or orchard products, were they produced or grown by the
applicant? ❑ Yes ❑ No If no, then provide name of farm or orchard obtained from.
•
Location of items/merchandise at time of application
Federal Identification #
Michigan Employer ID #
Michigan Sales Tax License #,
Food Vendors:
Allegan County Health Department Certificate #.
(A copy must be provided to the City Clerk)
Performance Bond (Copy provided to the City Clerk) o Yes ❑ No
Certificate of Liability Insurance (Copy provided to the City Clerk) o Yes ❑ No
Have you or a member of the business management ever been convicted of a crime, and if so,
state the offense, location, and date of said conviction. o Yes o No
I hereby certify that the foregoing information is true and complete. Knowingly falsifying this
information shall be basis for denial of license.
Signature of Applicant Date
Signature of Applicant Date
ALL REQUIREMENTS OF CHAPTER 113: HAWKERS AND PEDDLERS MUST BE MET
PRIOR TO ISSUANCE OF LICENSE.
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0
CHAPTER 113: HAWKERS AND PEDDLERS
Section
113.01 Purpose
113.02 Defi tition
113.03 License required; application; fees
113.04 Investigation of applicants; denial or issuance of license
113.05 Use of public areas
113.06 Exhibition of license
113.07 Loud noises and speaking devices
113.08 Duties of police
113.09 Records
113.10 Exempt activities
113.99 Penalty
§ 113.01 PURPOSE.
(A) The purpose of this chapter is to establish standards of operation for peddlers and hawkers
in the city which promotes the public health, safety, and welfare. The city is a tourist -based economy
and, as such, experiences tremendous increases in population throughout the year. Congestion of
streets, sidewalks, parks, and other public areas presents risks to safe traffic flow, delivery of
emergency services, and pedestrian movement. Therefore public streets, sidewalks, parks, and other
public areas shall be maintained and operated in a manner that promotes and encourages safe, efficient
utilization for vehicular, pedestrian and emergency vehicle traffic at all times of the year.
(B) Peddlers which operate on public rights -of -way inhibit the public safety aspects desired to'be
promoted and encouraged for use of all public rights -of -way and places in the city. The city has
determined that it is in the best interest of the public to keep all public property free from usage by
any and all peddlers and hawkers. The city will however allow this activity on private property under
provisions outlined in this chapter.
(`87 Code, § 7.24) (Ord. passed 5-9-94)
27
Is
• •
§ 113.02 Saugatuck - Business Regulations 28
§ 113.02 DEFINITION.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
PEDDLER. Any natural person, whether a resident of the city or not, or any firm, partnership,
corporation or other business entity, traveling by foot, wagon, automotive vehicle, or any other type
of conveyance, from place to place, from house to house, or from street to street carrying, conveying
or transporting goods, wares, merchandise, magazines, meats, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the same for sale or rent or making sales or rentals
and delivering articles to purchasers or renters, or who without traveling from place to place shall sell
or rent or offer the same for sale or rent or offer the same for sale or rent from a wagon, automotive
vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders
as a separate transaction, makes deliveries to purchasers or renters as a part of a scheme or design to
evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter.
The term shall include the words "hawker" and "huckster."
(`87 Code, § 7.25) (Ord. passed 5-9-94)
§ 113.03 LICENSE REQUIRED; APPLICATION; FEES.
(A) License required. Every person who shall engage in the business of hawking or peddling in
the city shall, before engaging in such business, procure from the City Clerk a license to do so.
(`87 Code, § 7.26)
(B) Application. Applicants for a license under this chapter must file with the City Clerk a sworn
application in writing (in duplicate) on a form to be furnished by the City Clerk, which form shall
contain the following information. In addition to the form, the applicant shall provide additional
information as required by the City Clerk.
(1) The name and description of the applicant.
(2) The applicants local address and legal or home address.
(3) A brief description of the nature of the business and the goods to be sold and, in the case
of products of farm or orchard, whether produced or grown by the applicant.
(4) If the applicant is an employee, the name and address of the employer, together with
credentials establishing the exact relationship.
(5) The length of time for which the right to do business is desired, including specific hours
of operation;
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29 Hawkers and Peddlers § 113.04
(6) If a vehicle is to be used, a description of the same, together with the license number,
current registration and proof of insurance.
(7) A photograph of the applicant, taken within 60 days immediately prior to the date of filing
of the application, which picture shall be two inches by two inches showing the head and shoulders
of the applicant in a clear and distinguished manner.
(8) The fingerprints of the applicant and the names of at least two reliable property owners
of the county who will certify as to the applicant's good character and business responsibility or, in
lieu of the names of references, any other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to properly evaluate such character and
business responsibility.
(9) A statement as to whether or not the applicant has been convicted of any crime and, if
so, the nature of the offense, date of conviction and punishment or penalty assessed therefor.
(10) The applicant shall at the time of application submit a bond to the City Clerk in an
amount set forth in the city's schedule of fees. The bond shall be held by the City Clerk for the
applicant's faithful performance of all contracts and fulfillment of all warranties made by him or her
in connection with the business or acts for which the license is sought. The bond shall be drawn on
a company licensed to do business in this state and shall be approved by the City Attorney prior to the
issuance of a license.
(11) The applicant at the time of application shall submit to the City Clerk a certificate of
insurance with coverages as specified in the city's schedule of fees. The insurance policy shall be
written in a manner which clearly names the city as an additional insured. The policy shall be in force
for the entire time the applicant intends to conduct business in the city. The policy shall contain a
provision for notification of the city prior to cancellation. Such notice shall be a minimum of 15
working days prior to the date of cancellation.
(12) At the time of application, the applicant shall submit as part of the application package
a valid Michigan Sales Tax License to the City Clerk.
('87 Code, § 7.27)
(C) Fees. The license fee which shall be charged by the City Clerk for the license shall be as
prescribed in the city's schedule of fees.
('87 Code, § 7.29) (Ord. passed 5-9-94) Penalty, see § 113.99
§ 113.04 INVESTIGATION OF APPLICANTS; DENIAL OR ISSUANCE OF LICENSE.
(A) Upon receipt of the application, the original shall be referred to the Chief of Police, or his
or her designee, who shall cause such investigation of the applicant's business and moral character to
be made as he or she deems necessary for the protection of the public good.
•
§ 113.04 Saugatuck - Business Regulations 30
(B) If, as a result of such investigation, the applicant's character or business responsibility is
found to be unsatisfactory, the Chief of Police shall endorse on such application his or her disapproval
and his or her reasons for the same and return the application to the City Clerk, who shall notify the
applicant that his or her application is disapproved and that no license will be issued.
(C) If, as a result of such investigation, the character and business responsibility of the applicant
are found to be satisfactory, the Chief of Police or his or her designee shall endorse on the application
his or her approval and return such application to the City Clerk, who shall, upon payment of the
prescribed license fee, issue a license. Such license shall contain the seal of the city and signature of
the issuing officer and shall show the name, address and photograph of the licensee, the term of the
license, and the kind of goods to be sold thereunder, the amount of fee paid, date of issuance, and
identification of vehicle to be used, if applicable. The City Clerk shall keep a permanent record of
all licenses issued.
('87 Code, § 7.27) (Ord. passed 5-9-94)
§ 113.05 USE OF PUBLIC AREAS.
(A) Streets, sidewalks, parks, and rights -of -way. No person licensed under this chapter, nor any
person on his or her behalf, shall have any exclusive right to any location in the public streets, rights -
of -way, sidewalks or parks. No license shall be permitted to a stationary location within a congested
area if such location operates to impede or inconvenience the public use and enjoyment of city streets,
sidewalks, rights -of -way or parks. In furtherance therefor, the City Council shall prescribe, as a
condition of the licensed granted, specific setback areas from the city sidewalk, street, right-of-way
or park to assure the unimpeded flow of pedestrian movement in the vicinity of the applicant's sales
exhibit.
(B) Parking lots and driveways. No sales activity or exhibit, whether mobile or stationary, shall
be conducted upon or so near the entrance to public parking lots or driveways as to obstruct or impede
the free ingress and egress of vehicular traffic herewith. Partial use of space within parking lots which
may face public streets or sidewalks may be granted with prior permission of the Police Department
and Public Works Department.
(C) Exercise of police powers. For the purpose of this chapter, the judgement of the Police
Department, exercised in good faith, shall be deemed conclusive as to whether an area is congested
or impeded or inconvenienced. In the processing of applications, the City Clerk shall have the power
to withhold and refuse to grant further permits if, in his or her judgment, overcrowding of
thoroughfares would result should additional licenses be granted.
('87 Code, § 7.28) (Ord. passed 5-9-94) Penalty, see § 113.99
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31 Hawkers and Peddlers § 113.09
§ 113.06 EXHIBITION OF LICENSE.
Peddlers are hereby required to prominently display their license at all times during which they
are conducting business in the city. The license shall be displayed in such a manner that it is visible
at all times during the course of the licensee operation. Failure to display the license shall constitute
a violation of this chapter.
('87 Code, § 7.31) (Ord. passed 5-9-94) Penalty, see § 113.99
§ 113.07 LOUD NOISES AND SPEAKING DEVICES.
No peddler or other person in his or her behalf shall shout, make any outcry, blow a horn, ring
a bell or use any sound device, including any loudspeaker, radio or sound amplifying system upon any
of the streets, alleys, sidewalks, parks or other public places of the city or upon any private premises
in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being
plainly heard upon the streets, avenues, alleys, sidewalks, parks or other public places, for the purpose
of attracting attention to any goods, wares or merchandise which such licensee proposes to sell,
without the express consent and permission "of the City Council.
('87 Code, § 7.30) (Ord. passed 5-9-94) Penalty, see § 113.99
§ 113.08 DUTIES OF POLICE.
Police officers of the city shall require any person seen peddling and who is not known by such
officer to be duly licensed to produce his or her peddler's license and shall enforce this chapter against
any person found to be violating any of the provisions of this chapter.
('87 Code, § 7.32) (Ord. passed 5-9-94) Penalty, see § 113.99
§ 113.09 RECORDS.
The Chief of Police, or his or her designee, shall report to the City Clerk all convictions for
violations of any of the provisions of this chapter and the City Clerk shall maintain a record for each
license issued and record the reports of violations in such record.
('87 Code, § 7.33) (Ord. passed 5-9-94)
§ 113.10 Saugatuck - Business Regulations . 32
§ 113.10 EXEMPT ACTP TTIES.
The licensing provisions of this chapter shall not apply to sales of goods, wares and merchandise
for religious or nonprofit charitable purposes; vendors approved by the City Council or operating with
the consent of individuals or organizations sponsoring events approved by the City Council;
commercial travelers employed by wholesale houses and selling staple articles of merchandise to city
merchants to be retailed by such merchants; persons selling milk; delivery of goods sold by city
businesses; or permanently employed and bonded route salespersons who solicit orders from, and
distribute goods to, regular customers on established routes. Such vendors or sponsors of City Council
approved events must provide general liability insurance with such limitations as the City Attorney
approves. Proof of insurance showing that such insurance is in force shall be filed with the City
Manager prior to the approved event. Termination or alteration of the insurance policy without
approval of the City Attorney shall constitute grounds for cancellation of the event by the City Council.
('87 Code, § 7.34) (Ord. passed 5-9-94)
§ 113.99 PENALTY.
A person who violates this chapter is guilty of a misdemeanor, punishable as provided by § 10.99,
forfeiture of the property impounded pursuant to this section up to a value of $500, or both.
('87 Code, § 7.35) (Ord. passed 5-9-94)
servers of alcohol. Those registered managers obtaining a certificate of completion may file a copy of the
certificate of completion with the Authority with an application of renewal of a liquor license. (Ord. 4 § 1,
2009)
ARTICLE 4
Vending Licenses and Special Events
Sec.6-4-10. Definitions.
For purposes of this Article, the following definitions shall apply:
Farmers' market vendor means a vendor of food products or produce who vends exclusively on the
public property area established for the farmers' market.
Food cart means a handcart from which food such as hot dogs, tacos, ice cream, candy,
nonalcoholic beverages and other traditional, hand -carried ready -to -eat food and drink are sold. A
food cart vendor is one who sells food and drink using a food cart and who meets the definition of
vendor found in this Article. Food cart vending is the act of selling food and drink using a food cart
by one who meets the definition of vendor found in this Article.
Food supplier vendor means a person who vends food products strictly to private places of
business, does not vend on public property and does not use a handcart.
Handcart means a structure with at least two (2) operational wheels, that is mobile and is used for
vending food or merchandise and that is no larger than three (3) feet in width, five (5) feet in length
and seven (7) feet in height, excluding umbrellas and other similar devices.
Merchandise cart means a handcart from which merchandise, other than food, is sold. A
merchandise cart vendor is one who sells merchandise using a merchandise cart and who meets the
definition of vendor found in this Article. Merchandise cart vending is the act of selling merchandise
using a merchandise cart by one who meets the definition of vendor found in this Article.
Peddler means one who sells merchandise or services or solicits orders for the sale and future
delivery of merchandise or services on a door-to-door basis in or upon private residences in the Town,
without prior invitation to do so by the owner or occupant of such private residence.
Special event means any performance, activity, parade, festival, athletic event or other public
gathering held on Town property and sponsored by a nonprofit enterprise or for -profit organization.
Street entertainer or musician means a person engaged in free and public temporary, short-term
musical performances, or other sorts of free, personalized entertainment.
Vendor means a business not having a fixed, physical location for its operation within the Town at
any time during the calendar year, but which otherwise does business within the Town. (Prior code 5-
5-1, 5-7-1; Ord. 27 § 1, 1990; Ord. 7 §§2-8, 2003; Ord. 21 §4, 2007; Ord. 4 § 1, 2009)
6-15
Sec. 6-4-20. License required.
It is unlawful for a vendor to do business or a street entertainer or musician to engage in entertainment
without a business occupation license and an outdoor vending license, or to otherwise engage in activity
in noncompliance with the provisions of this Chapter. (Prior code 5-7-2; Ord. 7 §9, 2003; Ord. 4 §1,
2009)
Sec. 6-4-30. Outdoor vending license requirements.
All outdoor vending activities shall occur from a handcart, unless otherwise specified in this Section.
Outdoor vending activities shall be subject to each of the regulations set forth herein.
(1) Each applicant for a license shall obtain all required health, sales tax or other required permits
or licenses from all applicable government departments. The vendor shall publicly display all such
permits including, without limitation, a Town business occupation license.
(2) License applications shall be made on the form provided by the Town Manager for the license
sought, and shall contain all the information required by the form, including any required attachments
or exhibits. The Town Manager may reject incomplete applications.
(3) The holder of a license which authorizes the licensee to go upon public property shall
indemnify and hold harmless the Town, its officers, employees and agents against any and all claims
arising from any occurrence occasioned by the licensed use, and shall maintain, during the period of
the license, comprehensive general public liability and property damage insurance, naming the Town,
its officers, employees and agents as insureds; providing that the insurance is primary insurance, and
no other insurance maintained by the Town will be called upon to contribute a loss covered by the
Town; and providing for thirty (30) days' notice of cancellation or material change to the Town.
(4) A license issued under the provisions of this Section may be transferred or assigned as part of
the sale of the assets of the business to which the license has been issued. Such license shall be
subject to all other rules and regulations regarding licenses.
(5) A license is valid for a one-year period, beginning January 1 and ending December 31. A
license is automatically renewable unless the license is revoked. A licensee who wishes to continue
operating after the expiration of the license shall follow the application procedures required of a new
applicant.
(6) Licenses shall be issued on a first -come, first -served basis. 11' applications are received
simultaneously, the Town Manager shall determine priority by lot.
(7) A vendor shall vend no less than eighty (80) days per license year. In the event that a vendor
vends less than eighty (80) days per license year, his or her license shall not be renewed for the
following year.
(8) No more than a single vending license may be held by any person or by any one (1) entity or
association. (Prior code 5-7-3; Ord 7 § 10, 2003; Ord. 4 § 1, 2009)
6-16
Sec. 6-4-40. Peddling prohibited.
It is unlawful for solicitors, peddlers, hawkers or itinerant merchants to peddle in or upon private
residences in the Town without prior invitation to do so by the owner or occupant of such residence. This
prohibition shall not be applicable to persons representing charitable, religious or civic enterprises, who
possess proof of such status. Peddling is prohibited as a nuisance pursuant to Section 7-2-190 of this
Code. (Prior code 5-7-4; Ord. 7 § 11, 2003)
Sec. 6-4-50. Maintaining cart vending areas.
A cart vendor is responsible for maintaining the area within and in proximity to the cart, display
apparatus or permitted vending location area in a neat, clean and hazard -free condition, including, without
limitation, the disposal of all trash and the storage of all carts and display apparatus off public rights -of -
way when not in operation. Vendors shall provide for the disposal of trash by customers. (Prior code 5-
7-4; Ord. 7 § 11, 2003; Ord. 4 § 1, 2009)
Sec. 6-4-60. Food cart regulations.
Food carts, food cart vendors and food cart vending are subject to each of the following regulations:
(1) Food cart vendors may only operate at the farmers' market, the Town parking lot at I st Street
and Elk Avenue, or other areas as the Town Manager may designate.
(2) Food cart vendors are permitted at Town -owned recreational facilities during Town -sponsored
or Town -managed activities.
(3) Any food cart operating on public property or private property may be required to move at the
request of Town officials for health, sanitation and safety reasons, upon verifiable complaint from the
public related to unfair or improper business practices, or for failure to comply with the requirements
of this Chapter.
(4) All food vendors operating on public property must provide proof of liability insurance to the
Town, and may be required to provide such information and complete such applications in connection
with a license to vend as the Town may determine is necessary.
(5) A food cart operating on private property must have written permission from the property
owner to vend on the site, operate from a stationary position and maintain high standards of site
cleanliness.
(6) A food cart operating on private property must comply with the parking requirements set forth
in Chapter 16, Article 16 of this Code.
(7) Food cart vendors may not attract attention by noise -making devices, voice calls, flags,
banners, balloons or other such devices.
(8) Signs must be limited to the cart itself and may. not extend beyond the cart (except for the area
of the umbrella).
(9) Advertising is limited to the product sold, the name of the business and a price list.
6-17
(10) No more than a single cart (whether a food cart or a merchandise cart) may operate on any
individual Town lot. In the event a property has a legal description describing it in terms as other than
a lot, in order to determine what is a lot for purposes of this Section, reference shall be made to the
official plat of the Town. Where property is depicted thereon as a lot, such property shall be
considered a lot.
(11) A food cart may not be stored on public property or rights -of -way when not in operation.
The area in which a food cart is stored must be kept in a neat, clean and hazard -free condition; food
must be properly stored or disposed of; and all items must be secured in a manner so as to not attract
animals or vermin.
(12) Nonfood items may not be sold from a food cart.
(13) Food sold by food cart vendors must be prepared at a location other than the food cart.
(14) No food cart may operate between the hours of 2:30 a.m. and 6:00 a.m.
(15) No more than four (4) licenses for food carts may be issued in any one (1) calendar year.
(Prior code 5-7-4; Ord. 7 § 11, 2003; Ord. 4 § 1, 2009)
Sec. 6-4-70. Merchandise cart regulations.
Merchandise carts, merchandise cart vendors and merchandise cart vending are subject to the
following regulations:
(1) Merchandise carts may not occur on public streets, sidewalks, alleys or other public rights -of -
way.
(2) A merchandise cart may only operate on private property, must have written permission from
the property owner to vend on the site, must operate from a stationary position and must maintain high
standards of site cleanliness.
(3) A merchandise cart may be required to move at the request of Town officials for health,
sanitation and safety reasons, upon verifiable complaint from the public related to unfair or improper
business practices, or for failure to comply with the requirements of this Chapter.
(4) A merchandise cart must comply with the parking requirements set forth in Chapter 16, Article
16 of this Code.
(5) Merchandise cart vendors may not attract attention by noise -making devices, voice calls, flags,
banners, balloons or other such devices.
(6) Signs must be limited to the cart itself and may not extend beyond the cart (except for the area
of the umbrella).
(7) Advertising is limited to the product sold, the name of the business and a price list.
(8) No more than a single cart (whether a food cart or merchandise cart) may operate on any
individual Town lot. In the event a property has a legal description describing it in terms as other than
6-18
a lot, in order to determine what is a lot for purposes of this Section, reference shall be made to the
official plat of the Town. Where property is depicted thereon as a lot, such property shall be
considered a lot.
(9) No more than two (2) licenses for merchandise cart licenses may be issued in any one (1)
calendar year. (Prior code 5-7-4; Ord. 7 § 11, 2003; Ord. 4 § 1, 2009)
Sec. 6-4-80. Street musician and entertainer regulations.
Street musicians and entertainers are subject to each of the following regulations:
(1) They may operate only on designated areas of public property, including the farmers' market
area at 6th Street and Elk Avenue, the Town parking lot at 1 st Street and Elk Ave, a designated spot at
3rd Street and Elk Avenue or any other place on public property, provided that no complaints are
being lodged by nearby business proprietors.
(2) They may work for tips, but may not overtly solicit tips, beg, barter or otherwise engage
passersby for money.
(3) They may not employ mechanically enhanced or electronically amplified sound, and may not
otherwise interfere with the normal peace and tranquility of the area.
(4) They may not be representatives of any licensed for -profit business, nor may they advertise
products, events, concerts or businesses other than themselves.
(5) They may not block the public right-of-way or impede public access to any street, alley,
sidewalk or private business entrance or exit.
(6) They may not reach out to, touch or physically contact passersby in any manner. %� ithout first
obtaining permission from the person to be contacted.
(7) They may operate from 1 1:00 a.m. to 10:00 p.m. daily.
(8) They shall be required to pay a license fee as set by resolution of the Town Council. (Prior
code 5-7-4; Ord. 7 § 11, 2003; Ord. 4 § 1, 2009)
Sec. 6-4-90. Farmers' market vendor regulations.
Those vendors meeting the definition of a farmers' market vendor may vend at the public property at
the corner of Elk Avenue and 6th Street. Farmers' market vendors may vend other than from a handcart.
(Prior code 5-7-4; Ord. 7 §1 1, 2003)
Sec. 6-4-1110. Food supplier regulations.
Those vendors meeting the definition of a food supplier vendor may vend on private property, other
than in the residential zones of the Town. Food supplier vendors may vend other than from a handcart.
(Prior code 5-7-4; Ord. 7 §11, 2003)
6-19
Food vending cart findings and draft Code 6&W
PLACES CONTACTED:
• Boulder (No response)
• Telluride (response)
• Crested Butte (response)
• Saugatuck (response)
• Jackson Hole (response)
• Steamboat Springs (response)
• Park City (Response)
JACKSON HOLE, WY: Jackson Hole admitted to not having any type of comprehensive regulations for
food vending carts. That did say that one requirement they do have is that food vending or
merchandising carts must be tied in with a permanent business or facility. They said this eliminates
almost all submittals, which is what they want. No desire to have food vending carts. They also voiced
concern that there primary objective was to keep a level of market fairness in the city.
TELLURIDE, CO: Recently passed a vending Ordinance (Ordinance No. 1308, Series of 2009) to establish
criteria for vending carts. Telluride has two different sections in their criteria: vending on public space
and vending on private space.
Vending on PUBLIC PROPERTY is controlled by a vending committee and vending subcommittee.
Applicants are allowed to operate in multiple locations on public property, but only with the review by
the vending subcommittee. Must be licensed and receive all public health certificates. The display
apparatus (i.e. the cart) cannot be any larger than 3' x 5' and limited to 7' in height (not including
umbrellas, etc. The carts should be removed from public property at the end of the day. Signage is
specific to the operation and should take up more than 50% of the front of the apparatus. There is also
a scoring system that the city uses to choose the venders and there are 5 distinct public areas where
vending shall occur. Each area has a limit on number of vendors.
Vending on PRIVATE PROPERTY has similar criteria, although the allowable signage and size (7' x 16') are
increased. Vending committees are still involved and still review applications. Permits are reviewed
every 6 months for compliance.
PARK CITY, UT: The only things allowed are food and beverage carts associated with existing business in
the commercial downtown. They have a simple clause stating that "all goods and services must be
located in a building." That stops most proposals from the get -go.
CRESTED BUTTE, CO: City does allow food vending carts, but must be on wheels and cannot exceed a
size of 3' x 5.' The issued license is valid for one year, beginning Jan. 1 and ending Dec. 31. A license is
automatically renewable unless the license if revoked. A licensee who wishes to continue operating
after the expiration of the license shall follow the application procedures required of a new applicant. If
a vendor operates less than 80 days a year, the license shall not be renewed. No more than a single
vending license may be held by any person or by any one (1) entity or association.
There are limited areas in town where food carts can operate, and are allowed to operate at Town -
owned recreational facilities during Town -sponsored or Town -managed activities. If on public property,
vendor must have proof of liability insurance to the Town, etc. Signage is limited to the cart itself and
umbrellas, no secondary signs. Nonfood items may not be sold from a food cart.
No more than 4 licenses for food carts may be issued in any on calendar year.
STEAMBOAT SPRINGS, CO: I was unable to get any specifics on the type of carts allowed, but I was told
that they do not allow any sort of transient business or food cart in the historic downtown. Carts are
allowed in other places (i.e., by the "big -box" stores, or at the skiing areas). The criteria does state that
"Transient dealer's licenses issued to peddlers, solicitors, and canvassers shall be issued for a period of
one year and shall be renewable for successive periods of one year upon the payment of the annual
license fee.
SAUGATUCK, MI: It was difficult getting land use regulations from the City, being that they did not have
a full-time planner on staff. I was able to get a section from their Code and an application from the
clerk. Saugatuck does allow peddling and food vending, but nowhere in the public right-of-way. Their
application includes descriptions of the business, name of owner and employees, and the length of time
desired. It appears that vehicles are permitted for food vending or peddling on private property. One
other limit is that no sales activity or exhibit shall be conducted upon or near the entrance to a public
parking lot or driveway.