The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ca.130 S Galena Food Vending.0057.2010 4:1 0057- 2o(0 .4 L&4 .4 emits File Edit Record Navigate Form Reports Format Tab Help PJ 8 pi: . 7 Jump ;( I;QIB1 1 . 3 Cigar N g 2i 4411A Lit Routing Status Fees I Fee Summary Main Actions Attachments 'Routing History Valuation ArchlEng Custom Fields Sub Permits o Permit type Ias Aspen Land Use Permit # 0057.2010.ASLU N Address 130 S GALENA* AptlSuite CITY HALL c city ASPEN State CO Zip 81611 X Permit Information E. Master permit Routing queue aslu07 Applied 110;6 20i J Project 1 Status pending Approved R y Description ORDINANCE NO 9B - (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 Clock (Running 1 Days I 0 Expires 110f1,2011 Submitted via Owner Last name CITY OF ASPEN First name CITY HALL 130 S GALENA ASPEN CO 81611 Phone ( ) - Address Applicant n Owner is applicant? 0 Contractor is applicant? Last name CITY OF ASPEN First name CITY HALL 130 S GALENA ASPEN CO 81611 Phone is ) - last # 25759 Address Lender Last name First name Phone ( J Address AspenGold5 (server) angelas View 1 of 1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0057.2010.ASLU PARCEL ID NUMBER NO PARCLE PROJECTS ADDRESS 130 S. GALENA ST PLANNER DREW ALEXANDER CASE DESCRIPTION ORDINANCE APPROVAL REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 10.5.10 CLOSED BY ANGELA SCOREY ON: 10. 05.10 ORDINANCE NO. 9B (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 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 7 June 8 and again to June 28 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. 9B, Series of 2010 Page 1 WHEREAS, the City Council fords 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, TIIAT: 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 Development approved, approved with conditions or denied by the Community 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, popcom machine, etc.), and the space needed by employees to work the food vending activity. City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 3 fl 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) 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. 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: outdoor An application to the Community Development Director for temporary 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) 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. 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. 9B, Series of 2010 Page 4 1) Maintenance and public safety: 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 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: ZQ �v • ' _ 1 _ du 4/C J/ Li. i 7-a • Kathryn S. Koch, City Clerk r Mic , el C. Ireland • yor FINALLY, adopted, passed and approved this 5. . tf day of . 2010. Attest: Az / Iti Kathryn S. och, City Clerk Michael C. Ireland, ayor Approved as to form: orney City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 6 4897855 1 %. Q H ( k ' PROOF OF PUBLICATION c l � L/ , u= lc Am , :/./ 6) e i 1 s s E STATE OF COLORADO, COUNTY OF PITKIN U E 1 8! i 2 IA ..,=. a s -gt a Lm oa O 2 $ < 0 8 2 ° I Je Weatherred do solemnly swear that I am a Publisher of the ASPEN $ s s E y e_g EL Z 77MES WEEKLY, that the same weekly newspaper printed, in whole or in U o m ' B i g ° Ea part and published in the County of Pitkfn, State of Colorado, and has a 1 gq ° " general circulation therein; that said newspaper has been published in € a - 0 continuously and uninterruptedly in said County of Pitkin for a period of ri �"^� E 8i � $s m m € "s more than fifty-two consecutive weeks next prior to the first publication of Y o i € ; 1r It if the annexed legal notice or advertisement. 1 w:2, 6 on s i " 11 g � E That the annexed legal notice or advertisement was published in the regular d g= o a s €, oN „s 2 4 g R ire' and e issue of every number of said daily newspaper for the period of 1 -At_ e - o m o . p $ P m consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/25/2010 and that the last publication of said .2 lag 1 N g s fa notice w in t he issue of said newspaper dated 4/25/2010. o g „ ° o s , m go a s In witness whereof, I have here unto set my ha 2nd day of June 2010. 3 >° a - gs a N„ ' U Q O 6 = E P N -- L t ' N a O Z 2E o m / � O o u :V V `R. o rn €5 .5 Jenna Wea erre ,Publisher O. f a�mbaN.mA 3 _ c s0 a m f gm.se m m Subsc and sworn to before me, a notary public in and for the County of c E „ gy o _ Garfield, State of Colorado this 2nd day of June, 2010.. E m e o E 1 i_ Eo ea ---- W U , ..5c . ryioc-i c. < Mary E. Bor Public enhagen,Notary s � a � m" s tt< ww €WOE My Commission expires: August 27, 2011 < 5 =; A as €3 ;"• k S W.PY E. Aspen (LEGALS) City of 'j : : _:,RKENi4A,3EN ; OV21:20n 2 ® u U. , a to \ \[\ k > z - ROp © 0 ° 0 0 1-r a a. a >-oz®d % ± @ a R . §� e „,,,..t,-, ma \ p G� WwQz) §Lf I ° o Z =a.zom C G § i4 5 \ m a § _1 ? 2 � 0A E § $ o s § .- a ow }} k )} 2# a m § u) 0 = Zoo b6 CLN * 0 11 - Cl) V/ © «� .. $_ Vm \ ) < 0 » ° §\ ° % § »[ �\ K a cc cr_ 0_, g It E § b § zra °{ § M 2 40-40..‹ / � k � m § k 2 2 — 11 0 ° 00 0 0 N d 2 ci d csi \ o ■ \� at k o r 7 = a co th co § ( - 2 \ o C -- - e ( 7 B § § B / c • ■ a k E C CD CL E f k k k k § \ \ t 2 0 2 2 -, o 71, k 3 3 a o z e al 0 Q ' ma w U U & « u i ?2 r 1 Re2uIar Meetin¢ Aspen City Council June 28, 2010 Mayor Pro Tem Skadron called the meeting to order at 5:05 with Councilmembers Torre, Romero and Mayor Ireland present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Pro Tem 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 4 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 1 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 14` 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 carried. COUNCILMEMBER COMMENTS 1. 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 30 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 end Mick's health. 4. Mayor Pro Tem Skadron said he spent the weekend at the Harry Gates hut 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 20. The screening and cleaning program has started at Ruedi and he will report back after the meeting. 10. Mayor Pro Tem 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 1". 11. Mayor Pro Tem 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 Tem Skadron told Council he voted for CML board members from mountain towns who he thought would represent Aspen's positions. Mayor Pro Tem 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` Bendon entered into the record letters of support from John Corcoran, Aspen Alps; Andrew Mundays, Forest Bamett, 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) 5 r / 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 lot 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 concemed 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 8 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 plan 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. 6 I 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 Tem 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 Tem 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 #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 Tem Skadron. Mayor Pro Tem 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 keeping with the AACP as family oriented. Mayor Pro Tem Skadron closed the public hearing. 7 Regular Meeting Aspen Citv Council June 28, 2010 Roll call vote; Romero, yes; Mayor Ireland, yes; Torre, no; Mayor Pro Tem 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 Tem 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 1 8 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 1 level and the 2 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 east 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. 9 ----- - - - - -- • 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 acoustics; 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 Tem 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 10 Regular Meeting Aspen City Council June 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. Damauer said the beauty of Aspen need not be destroyed to get quality health care and devastate the rural character of the area. Ms. Damauer said they would like to make sure light pollution does not destroy the neighborhood. Councilman Romero asked about outreach to Twin Ridge. Ms. Darnauer said some Twin Ridge board members were never notified of meetings; there has been no personal outreach to the Board members. Ms. Darnauer 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 II, 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 Goshom said the hospital was put in this location to allow future growth needs and room for expansion. Ms. Goshom said eliminating affordable housing is an easy out to lower impacts. Ms. Goshom noted the AACP calls for having people live closer to where they work. Ms. Goshom 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 11 Regular Meeting Aspen City 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. 12 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 condominiumizing 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 13 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 II. Mayor Pro Tem Skadron asked if doctors really want 14 Regular Meeting Aspen City Council June 28, 2010 OUTSTANDING EMPLOYEE BONUS AWARD 2 EPA AWARD 2 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 3 CONSENT CALENDAR 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 #9B, SERIES OF 2010 — Code Amendment Temporary Outdoor Food Vending 6 ORDINANCE #12, SERIES OF 2010 — Aspen Valley Hospital Master Plan Facilities Phase II 8 RESOLUTION #42, SERIES OF 2010 — Burlingame Ranch Phase II Design 15 1 Regular Meeting Aspen Citv Council June 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 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 15 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 Tem 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 concems 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 II 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 16 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 carried. Councilman Romero moved to continue the meeting to June 29 at 5 p.m.; seconded by Councilman Torre. All in favor, motion carried. Council left the meeting at 10:55 p.m. • Kat i 7 och, City Clerk 17 MEMORANDUM LJ 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. 9B, 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. 9B, Series of 2010." ATTACHMENTS: Ordinance No. 9B, 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 'v F+I 131 T' C CITY OF ASPEN. COMMUNITY DEVELOPMENT 1.1 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. 1 3 0 S Galena Street (970) 92t) -5 Lae AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: // 7( /I , Aspen, CO SCHEDULED PUBLIC HEARING DATE: KonNDR-1 Acf(2-oti 2-Co P 5:/)O f rr+ 200 STATE OF COLORADO ) ss. County of Pitkin ) I _ nc■ S C o (LCD,/) (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 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 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. • ignat e The foregoing "Affidavit of Notice" was acknowledged before me this 12 day of , 2000 , by 4- /t-c�e rn ecn- 7 7 WITNESS MY HAND AND OFFICIAL SEAL & 2.510 I N TILE EA NITIAT AMENDMENTS TO CHAP T E S 26. O. , en026.5T5.030Or TITLE LE 2 C CRY F ASPEN LAND USE CODE My commission expires: NOTICE IS 8, 15 HE BY GIVEN matapublic hearing will be held on ontlay, April 29 2019 ate meet- in nc be g in et SAO p.m, before the Aspen City + ' ' • Y, 'I� Council, Counci Chambers, C o Hall, 130 S. Gale- ' ' l dS : ,144 ment Department nitiate am ndm 10 t e na Tem City's pora Land ry Use Outdo C related to the provisions for Notary Public Public Amenity Sp F ace; ootl throug h Se 10 - d Chapters 26.4]0 060.7, 26.519 and 26.575.030 espectively F fudherin on,contact Drew o pment Alexander at M e C iy of Aspen Community Devel- 0 D ] ailment, 130 S. Galena St., Aspen, d ( , p . rew.alexantler•pi.aspen.co.us. 4 2 9 2 3 9 a/Michael C. Ireland, Chair Aspen City Council Published in the Aspen Times Weekly on And! 11, ATTACHMENTS AS APPLICABLE: 2010 (48666611 THE PUBLICATION RAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 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. Sir e The foregoing "Affidavit of Notice" was acknowledged efore me this 1 day of 1 V _..A1.4 , 2040_, by A 1(4GL eff WITNESS MY HAND AND OFFICIAL SEAL Ic Tt E To ow"- EDA 1 E 0 t z — i 60 E AND p Tuts 510 TF HELANp My commission expires: _ � ubllc hearing �� CE IS "ERE" GIVENt 29 ata NOTI TuestlaY Febm ap t h e 1 / �� 1 �\� will be held on .0 P betor 5istr C it i e s V r , [ meeti to beg on a14'.3nin Co mmissio n, 1 ^ bon- _ _ • plannin , lry Hall 139 •Gam St., ome re Notary Public Cc De arlme ^t a[ P R Community Devetop Land Use. cod 1 t Z i thec g ^a •• • / atl errz^tlmen to for SiDetigg ^uleions , ed to the Pr ovi and N,iscel {e 9 2651 0 . / • • 0 Z one lstamements to chap resPechveelxt 2fi]04]09, 26]tntlo]6D. and 2fi.9]5 1 • t h ou9 Di A D9]e . Fr o IUMer inb mpen OMM D everaw lo 9) Pe Hme^t ! 30 .Deldea aspen.c ' I, �. A /•��.�a OO 429.2]39, drew 1 1 1 _• AsPe 0°d zoning Cammtssi °° ATTACHMENTS AS APPLICABLE: �� wj Ca'= /�� II��5/201 • 3L 2o1od 145]85561 ^Times weekly on January PUBLICATION $ Wn tscs Expires OM3 OF THE POSTED NOTICE (SIGN) WNERS AND GOVERNMENTAL AGENCIES NOTICED RTIFICATION OF MINERAL ESTAE OWNERS NOTICE io r tQUIRED BY C.R.S. §24- 65.5 -103.3 r ,.••, '1-, 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. Signa e The foregoing "Affidavit of Notice" was acknowledged efore me this 1 day of -GbIr 4%bvt' , 20QQ, by ? . J I WITNESS MY HAND AND OFFICIAL SEAL Eu� 1 My commission expires: Y GIVEN that a to I N I esdaV ebmary 18, 203`. ✓ l ` - ` 99 , peore the As w :• :•..• 3 t' at 4'. O F p� , Sister Cities s • i . L fl . ........ �. onin Commiaaw f As n. torn^ Yi/� • - 1� m^ "" p 1 130 Galena St Pe t inNat- Room i uMtyD avloDmeDeOadnw" rela4 Notary Public alder c dyslanntd use code MI % t S • ' 1 / / ° i re Definitions, • ro vlsion for igns, ul - • ed to l he D entl Miscel anGhePtNe 92 6' i i Zone Dl s to eclwelY. lbreu9 act G Alexander at • • then .100. 26.11Uron d 2 resD 910) • ' of i°n. nitY Development De- For fu Aspen raw IMorma n. CO, l ii tb° ? 130 S. Galena SL, Asper us. ''IP� Ai "a � % 629.2139. draw.alexande asps t • .......... y Pa ;pa dad m9cpmmaswn ATTACHMENTS AS APPLICABLE: ` N . �RV „,- P are: 165165561 nTimed weekvan JanaarY ,PUBLICATION ccni ssia�F%plrus0812512019 OF THE POSTED NOTICE (SIGN) WNERS AND GOVERNMENTAL AGENCIES NOTICED RTIFICATION OF MINERAL ESTAE OWNERS NOTICE ,,., ncVUIRE BYC.R.S. §24- 65.5 -103.3 r* Exvt,vir 0 City Planning & Zoning Meeting — Minutes — January 05, 2010 COMMENTS 2 MINUTES 3 CONFLICTS OF INTEREST 3 CODE AMENDMENTS 40 SIGN CODE AMENDMENTS 8 ELECTION OF CHAIR & VICE CHAIR 9 1 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` 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. 2 City 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. MINUTES 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 3 \.1 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 10` anniversary you can apply for your 11 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 59` anniversary because it wasn't really their 60` but they were starting their 60` 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 5` or 10` 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 4 City Planning & 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. LJ 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 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 6 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, 7 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 8 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; LJErspamer 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: LJ Erspamer, 4; Cliff Weiss 3. LJErspamer elected as vice - chair. Adjourned at 6:50 pm. Jackie Lothian, Deputy City Clerk 9 MEMORANDUM Nir1 I' a.. TO: Mayor Ireland and Aspen City Council THRU: Drew Alexander, Interim Zoning Officer P- alko FROM: Chris Bendon, Community Development Director RE: Land Use Code Amendments — Ordinance No. 9, Series 2010 — Second Reading 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.B.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 15 2009 and January 5 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 c 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. r^ 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 Vfla. MEMORANDUM TO: Mayor Ireland and Aspen City Council , , FROM: Chris Bendon, Community Development Director / VA Drew Alexander, Interim Zoning Officer - DA IJ RE: Land Use Code Amendments — Ordinance No.9 , 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.B.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 15 2009 and January 5 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 A \ t 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. 4 J 3.) Signage: This code language change to the sign cod$ 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 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. 5 , 2010, for Outdoor Merchandising, Outdoor Vending, and Main Street Banners 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. 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 f 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. 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 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. 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 ‘ 1 removed, the applicant shall be required to pick up the banners from the City within three (3) days. 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 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 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: Signage for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding 0 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. Exhibit C.1 Public Amenity Revision of Land Use Code: (Existing Language) F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. 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, 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 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 rwA 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) 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 1 /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 VIII. 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 N0. (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, 26.510.110.13.4, 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, 26.510.110.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` 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 likry 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 26.510.110.B.4, Banners and Flags on Main St. City of Aspen City Council Ordinance No. , Series of 2010 Page 3 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 26.575.030.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 skv. 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 ,A. 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 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. City of Aspen City Council Ordinance No. , Series of 2010 Page 6 v 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`" 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 10th day of May, 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of , 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney City of Aspen City Council Ordinance No. , Series of 2010 Page 7 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, 26.510.110.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, 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 J 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 26.510.110.8.4, 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. Nanning 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 Tess. 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 26.470.040.8.3, 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, §I5; 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 r h ✓ Section 4: A public hearing on the Resolution was held on the 5 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 S of :FAN l,tA -P11 , 2010. Attest: 1 ity iH � ity Clerk LJ C air Approved as to form: City Attorney Planning and Zoning Commission Resolution No. 1, Series of 2010 Page 7 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 1 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. 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 r , . 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. 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 L Os, Co ORDINANCE NO. 1308 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 12 day of May, 2009. TOWN OF TELLURIDE ATTEST By: ihena� Stuart Fraser Mayor %Pxi.'l` Town Clerk A", HEARD AND FINALLY ADOPTED by the Town Council of the Town of Telluride, Colorado this 12 day of MAY, 2009. TOWN OF TELLURIDE ATTEST By: ;- (WA iLe ✓i/J Stuart Fraser • ' ` - Mayor Town Clerk APPROVED AS TO FORM: �.� Kevi 9 J. Geig-r Town Attorney ARTICLE 4 Long -term vending means vending on pri- vate property for a term longer than that Vending defined as short -term vending. See. 6-4-10. Purpose. Major festival event shall be defined as in Section 11 -4 -10 of this Code. (a) All public rights-of-way within the Town's corporate limits are the property of the Mobile vendor means a person engaged in Town. They are administered for and utilized vending activity using a nonmotorized device, primarily for the benefit of the traveling public a device powered by a quiet electric motor or and franchised municipal utilities, and secondarily similar clean power source, or a tray, wagon or for commercial activities along the rights-of-way. basket. The purpose of this Chapter is to regulate the location, time, manner and amount of vending Nonprofit organizations means those activities on public and private property in such a groups which have been granted a Section manner as to protect the rights of the public, pub- 501(C)3 or 503 tax exempt status by the Inter - lic property and the rights of private property nal Revenue Service. owners to peace and tranquility in their resi- dences. Public property means all real property owned, leased or managed by the Town, (b) The intent of this Article is to allow including but not limited to public rights -of- limited commercial activity from small, nonper- way, streets, sidewalks, parks and parking manent, display apparatus which are compatible areas. with the existing neighborhood. (Prior code 5.12.010; Ord. 1252 §1, 2006) Sale or sell means the exchange of goods or services for money or other consideration, Sec. 6 -4 -20. Definitions. including the offering of goods or services for donation except when offered to express reli- As used in this Chapter, the following terms gious, social or political belief. have the following meanings: Short -tern vending means vending on pri- Display apparatus means a nonpermanent vate property which occurs no earlier than the structure, table, wagon, tray or cart for the dis- Thursday preceding a major festival event and play and vending of goods, merchandise, food, ends the Monday following a major festival wares or services. event. Extraordinary circumstances means occa- Vending activity means the act of selling or sions that are not usual, expected, regular or of offering for sale wares, goods, merchandise, a customary nature. food or services with or without a display apparatus, from a location outside of a build - Farmer's market means an event selling ing, and which activity is not an accessory use primarily agricultural -based products coordi- as defined by the Land Use Code. nated by a nonprofit organization and author- ized by the Town in compliance with the Land Vending Committee, Staff means the Town Use Code. Farmer's market does not mean Clerk and the Planning Director. any vending activity allowed on the Spruce Street Mall by this Chapter. 0 Vending history will be determined by (6) Use of the permanent table next to the reviewing the names on Town- approved appli- kiosk on the corner of Colorado and Pine by cations. nonprofit organizations. Vending Subcommittee, Council means two (7) Farmer's market activity on public or (2) Town Councilpersons assigned by the private property authorized by the Town. Town Council, and the Town Clerk. (Prior code 512.030; Ord. 1252 §1, 2006) Yard sale means the sale of personal goods Sec. 6 - - 40. Vending on public property. occurring on public or private property. (Prior code 5.12.020; Ord. 1252 §1, 2006; Ord. 1288 (a) Rules. §1, 2007) (1) Permit required. It shall be unlawful Sec. 6 - - 30. Activities allowed without a for any person to engage in vending activity on permit. public property without a permit or without compliance with the provisions of this Article. The following activities are allowed without a Application required. Ana pP application permit, provided that the activity or use does not ( ApP re q constitute a hazard to public health, safety, wel- for a vending permit, including a drawing of fare and/or property or violate any other law of the proposed display apparatus and proposed the Town. Nothing herein shall prohibit occa- signage, shall be submitted to the Town Clerk sional ticket sales or fundraising without the use by published deadlines. Deadlines will be not of a display apparatus by a nonprofit organization less than two (2) months preceding the next or any activity allowed under Chapter 11, Article season. The application shall be in a form pre - 5 of this Code: scribed by the Town Clerk and shall be for a specific vending site. Application for multiple (1) Entertainment for which no fee is sites is allowed but is only granted at the dis- charged and which is not subject to regulation cretion of the Vending Subcommittee. Any under Chapter 11, Article 5 of this Code. application for multiple sites should prioritize the wishes of the applicant. The Town Clerk (2) Free distribution of information, flyers, shall forward applications to the Vending Sub - pamphlets, brochures or petitions. committee in a timely manner, after deter- mining that the application, including fees and (3) Display of advertising on a carried evidence of insurance, is complete. The sandwich board. Vending Subcommittee shall approve or dis- approve all applications prior to the com- (4) Individual or group yard sales at any mencement of vending activity. one (1) location not exceeding three (3) con- secutive days in duration and totaling not more (3) Indenmification and liability insurance than eight (8) days pc year. required. As a permit condition, persons engaging in vending activity shall agree to (5) Sales by children under the age of indemnify and hold harmless the Town, its fourteen (14) years of age with items for sale at officers, employees and agents against any and a cost of a maximum of three dollars ($3.00) all claims for damage to persons or property an item. 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 e insurance in amounts no less than one million (7) Display apparatus. dollars ($1,000,000.00) per person and two million dollars ($2,000,000.00) per incident. a. Display apparatus, if used, must be Insurance policies shall name the Town, its no larger than three (3) feet in width, five officers, employees and agents as additional (5) feet in length and seven (7) feet in insureds and shall provide that the insurance is height, excluding umbrellas and other primary and that no other insurance maintained similar devices. The use of tents is prohib- by the Town will be called upon to contribute ited. All accoutrements must be contained to a loss covered by the policy. The policy in a 5' x 8' area Accoutrements must be shall further provide written notice to the necessary to the business. Town prior to cancellation or material change. Evidence of such insurance is required prior to b. All display apparatus shall be pemrit issuance. removed from public property at the end of each working day except in extraordinary (4) Other licenses required. circumstances and with prior written notifi- cation to the Town. Dogs may not be a. Applicants shall obtain all required hitched to the display apparatus. permits or licenses from all applicable gov- ernmental entities before a vending permit c. Signage shall be painted on or is issued, including but not limited to a attached to the display apparatus, and a Colorado sales tax license, a Town business drawing to scale of the proposed signage license and, if the vending activity includes shall be included in the application. Signs any food product, written approval from the on display apparatus shall not exceed cov- San Miguel County Environmental Health erage of fifty percent (50 %) of the front of Department. Vendors must be current with the apparatus and fifty percent (50 %) of the Colorado sales tax and Town excise tax each side of the apparatus and shall not prior to the issuance of a permit. Thereaf- appear on umbrellas or other similar ter, timely payment of taxes is required to devices that extend above the display appa- maintain a pea mit. ratus. b. The vendor shall prominently display d. The use of generators is prohibited. all required permits and licenses on the vending apparatus or, if no such apparatus (8) Area maintenance. is used, shall make such permits available a. A vendor shall maintain both the per - upon reasonable request by any member of the public or official of the Town. mitted area, the immediate area surrounding the permitted area and the display apparatus (5) Nontransferable. The vending permit in a neat, clean and hazard -free condition. is not transferable or assignable. Applicants must provide a written plan for disposal of trash generated by the business (6) Noninterference. No person engaged or pay, in advance, a Town trash fee of in vending activity shall make any unnecessary forty dollars ($40.00) per month for pick -up sounds or noise, obstruct any sidewalk or other of trash from nearby public containers. public property, disturb or impede other per- sons or otherwise author any public nuisance. b. Oak Street Mall vendors may not set The use of radios, stereos and tape decks in a display apparatus on the grassy area. connection with any vending activity is pro- Public picnic tables may not be used as dis- hibited. play apparatus. Farmer's market vendors 0 must protect the North Spruce Street Mall b. During Summer Season (May 15 to grass by daily changing the siting of prod- October 14), a vendor who does not out i- ucts, placing carpet under personnel sta- p in a g activity for four of tions and rerouting pedestrian traffic before seven (7) days (Sunday to Saturday), the grass becomes impaired. Spruce Street weather permitting, without prior written vendors are allowed to use an 8' x 8' "EZ notification to the Town Clerk of extraordi- UP" type awning to protect produce from nary circumstances, will be considered to the sun. have surrendered and abandoned his or her permit, except that vendors are allowed (9) Fees. The required application fee fourteen (14) vacation days to be taken at shall be submitted with the application. All the vendor's discretion. permit fees shall be paid before commence- ment of the vending activity. c. From December 20 to the day following official closure of the ski area, a (10) Choice of vendors. Sites will be vendor who does not participate in vending approved and assigned by the Vending Sub- activity for two (2) out of seven (7) days committee. The Vending Subcommittee shall (Sunday to Saturday), weather permitting, consider the following factors when deciding without prior written notification to the which applicant shall be issued a permit. Town Clerk of extraordinary circum- Points will be allocated as shown below: stances, will be considered to have surren- dered and abandoned his or her permit, a. Diversity (in Town and by vendors) except that vendors are allowed fourteen of offered food, goods, wares, merchandise (14) vacation days to be taken at the ven- or services — up to three (3) points; dor's discretion. b. The number of years the applicant d. From October 15 to December 19 has lawfully vended on public property in and from the day following official closure the Town — one and one -half (1.5) points of the ski area to May 14, vendors have no per season; minimum days of mandatory activity. c. Appearance, quality, safety and e. A vendor, after receiving a permit, attractiveness of the display apparatus — up may begin to vend earlier than the season to three (3) points; start time if a site is vacant. d. Compliance report review — points f. When a space has been abandoned, taken away for infractions; and the Town shall have the right to reassign vacated spaces to another applicant. The e. Years that applications are submitted Town Clerk reserves the right not to but not granted — one -half ('/z) point each authorize an absence where extraordinary application. circumstances have not been demonstrated. (11) Abandon /surrender. (12) Modifications. The Town Clerk may approve insubstantial modifications to this a. Upon determination of abandonment Section as long as the intent of this Article is of a permit, past vending history points will niet. The Town Clerk may adopt additional return to zero. rules and regulations for administering all permits, and all applicants shall comply with said requirements. Vendors will be notified in c I. Summer season, May 15 through p r ri or t of o imp lem to rules and regulations October 14: five hundred dollars chaes por tlemtation. ($500.00). (b) Vending areas, allowed uses, application 2. Winter season, October 15 fees and permit fees. through May 14: two hundred fifty (1) Oak Street Mall area (North Oak ($250.00) Street/Elks Park): (3) Spruce Street Mall area: a. Permits allowed: four (4). a. Permits allowed: two (2). There b. Application fee: ten dollars shall be no simultaneous vending by ven- ($10.00), nonrefundable. dors. Each vendor is limited to operating two (2) days per week. Criteria for assign- s. Allowed use: sale of wares, goods, ment of days shall be by seniority and a merchandise or food from a display appa- lack of negative reports. rates. b. Application fee: ten dollars d. Location: assigned sites (four [4]) on ($10.00), nonrefundable. Colorado Avenue at Oak Street. c. Allowed use: sale of fruits, vegeta- e. Permit fees: bles, nonalcoholic beverages and flowers. 1. Summer season, May 15 through d. Location: North Spruce Street Mall. October 14: five hundred dollars e. Permit fees: June 15 through Octo- ($500.00). her 31, two hundred dollars ($200.00). 2. Winter season, October 15 Mobile vending: through May 14: two hundred fifty (4) dollars ($250.00). a. Permits allowed: ene two ( 4-2). (2) Oak Street/San Juan/Gondola area: b. Application fee: ten dollars a. Permits allowed: one (1). ($10.00), nonrefundable. b. Application fee: ten dollars c. Allowed use: sale of food and ($10.00), nonrefundable. nonalcoholic beverages from a nonmotor- ized device, a device powered by a quiet c. Allowed use: sale of wares, goods, electric motor or similar clean power services, merchandise or food from a dis- source. or a wagon, cart, tray or basket. play apparatus. d. Location: public rights -of -way. d. Location: assigned site on Town e. permit fees: property. e. Permit fees: 1. Summer season, May 15 through October 14: five hundred dollars ($500.00). 2. Winter season, October 15 d. The vending activity is consistent through May 14: two hundred fifty with the permitted uses in the zone district dollars ($250.00). regulations of the Town; (5) Town Park area: No vending activity e. The applicant has the ability to corn - shall occur in the Town Park except during a ply with the requirements of this Article major or minor festival event as defined by and any necessary permit conditions; Chapter 11, Article 5 of this Code in accor- dance with any such festival event permit, or f. Applicable rules and regulations for except as may be permitted by the Recreation permit administration have been met; and Director. g. The Vending Subcommittee has (6) Payment rates for all areas may be approved the display apparatus. changed by resolution of the Town Council. (Prior code 5.12.040; Ord. 1252 §1, 2006; Ord. The Town Clerk may adopt additional rules 1288 §1, 2007) and regulations for accepting, reviewing and administering all permits, and all applicants Sec. 6 - 4 - 50. Vending on private property. shall comply with said requirements. (a) Permit and owner authorization required. (c) Indemnification and liability insurance It is unlawful for any person to engage in vending required. As a permit condition, persons engaging activity on private property without a permit and in vending activity shall agree to indemnify and the written permission of the legal owner of the hold harmless the Town, its officers, employees property and agents against any and all claims for damage to persons or property arising out of or resulting (b) Permit review and approval. from the perniittee's actions or omissions in the permitted, use. Vendors shall maintain compre- (1) An application for a vending permit, hensive general public liability and property dam - including a drawing of the proposed display age insurance. General vendors shall provide apparatus and proposed signage, shall be sub- coverage limits not less one million dollars miffed to the Town Clerk for approval or dis- ($1,000,000.00) per person and two million dol- approval prior to commencing vending activ- lars ($2,000,000.00) per incident. Insurance poli- ity. The application shall be in a form pre cies shall name the Town, its officers, employees scribed by the Town Clerk. and agents as insureds; and shall provide that the insurance is primary and that no other insurance (2) The Town Clerk may approve the maintained by the Town will be called upon to application only after determining that: contribute to a loss covered by the policy. The policy shall further provide written notice to the a. The application, including fees and Town prior to cancellation or material change. insurance evidence, is complete; Evidence of such insurance is required prior to permit issuance. b. The written permission of the legal owner of the proposed vending site has (d) Other licenses required. been obtained; (1) All applicants shall obtain required c. The proposed vending activity is building or other permits or licenses from all consistent with the purposes and require- applicable governmental entities before a per - ments of this Article; mit is issued, including but not limited to a rr� �/ Colorado sales tax license, a Town business (j) Review. Permits issued for vending on license and, if the vending activity includes private property will be reviewed every six (6) any food product, written approval from the months for compliance with permit requirements. San Miguel County Environmental Health Department. Vendors must be current with (k) Fees. There is a ten - dollar application Colorado sales tax and Town excise taxes prior fee. to the issuance of a permit. Thereafter, timely payment is required to maintain a permit. (1) The Town Clerk may approve insubstan- tial modifications to this Section if the intent of (2) The vendor shall prominently display the Article is met. all required permits and licenses on the vend- ing apparatus or, if no such apparatus is used, (m) The use of generators is prohibited. shall make such permits available upon rea- sonable request by any official of the Town. (n) Long -term and short-term vending. Ven- dors on private property shall be either short-teen (e) Nontransferable. The vending permit is or long -term vendors as defined in Section 6 -4-20 not transferable or assignable. above. All vendors shall comply with applicable rules and regulations. (0 Noninterference. No person engaged in vending activity shall make any unnecessary (o) Long -term vending. sounds or noises, obstruct any sidewalk or other Display apparatus. Display apparatus public property, disturb or impede other persons ( ) p y pp p y pp or otherwise author any public nuisance. on private property must be no larger than seven (7) feet in width, sixteen (16) feet in (g) Signage. Signage shall be painted on or length and nine (9) feet in height. attached to the display apparatus, and a drawing to Committee. The Town Clerk and Staff e Planning Director, shall review scale of the proposed signage must be included in (2) f Vendin Dir the application. Signs shall not exceed a total of le osed display apparatus and shall site for eight (8) square feet. Signs shall not be lit. appropriateness with respect to the character of (h) Rest rooms accessible. Those vending the neighborhood. Display apparatus shall be activities that include food service and provisions reviewed for appropriateness based on the for seating of patrons shall provide accessible rest following criteria: rooms within the immediate area that meet the a. Compatibility with the character of specifications of the San Miguel County Envi- the surrounding area. ronmental Health Department. (i) Area maintenance. A vendor shall main- b. Orientation and siting with respect to tain both the permitted area, the immediate area impact on adjacent properties and public surrounding the permitted area and the display ways. apparatus in a neat, clean and hazard -free condi- c. Landscaping, including but not ]im- tion. Applicants must show proof of their ability ited to surface Landscaping, plants, benches, to provide for disposal of trash generated by their tablet and trash receptacles. business or, at the discretion of the Town Clerk, pay a Town trash fee of forty dollars ($40.00) per d. Compatibility of apparatus materials, month for pick -up of trash from nearby public finishes and colors with surrounding area. containers. e. Design, size and placement of sign- Sec. 6 - - 70. Penalties. age. (a) Violation of any of the provisions of this f. Appropriateness of lighting. Article shall be a misdemeanor, punishable as set forth in Paragraph 1- 4- 10(a)(1) of this Code. g. Size and placement of flags, awnings and banners. (b) Violations or noncompliance with any permit condition or provision of this Article may (3) Public notice. The applicant shall post also result in immediate suspension or revocation the property with signage provided by the of any vending permit by the Town Clerk, subject Town Clerk, at least ten (10) days prior to any to the right of hearing within 'three (3) business permit being issued. days after any such suspension upon request of the permit holder. (Prior code 5.12.070; Ord. 1252 (4) Location. Long -term vending on pri- §1, 2006) vate property is allowed on Colorado Avenue between Willow and Aspen Streets. Sec. 6 - - 80. Appeals. All appeals of this Article shall be directed to (p) Short-term vending. the Town Council. Any appeal of a decision or (1) Display apparatus. Display apparatus final action by the Town Clerk may be made by on private property must be no larger than filing with the Town Clerk a written notice of seven (7) feet in width, sixteen (16) feet in appeal within fourteen (14) days of the date of the length and nine (9) feet in height. The maxi- decision or final action appealed. The Town mum size includes flags, awnings, banners and Council will hear such appeal within thirty (30) days of filing of the appeal. (Prior code 512.080; signage. Ord. 1252 §1, 2006) (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 commercial 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) ARTICLE II. SOLICITORS AND PEDDLERS,*, http://library2.municode.com/default-test/DoeView/10098/1/56/58 $ -rEAA4 OA-r 5 et AJ 4 5 ARTICLE II. 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 1 of 6 11/2/2009 3:03 PM ARTICLE II. SOLICITORS AND PEDDLERS, http: / /Iibrary2.municode .com/default- test/DocView /10 098 / 1 / 56 / 58 ■ 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. 2 of 6 11/2/2009 3:03 PM ARTICLE II. SOLICITORS AND PEDDLERS:4p, http: / /library2. municode .com /default- test/DOCView / 10098 / 1 / 56 / 58 (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 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 dealers licenses issued to peddlers, solicitors and canvassers shall be issued for a period of one year and shall be renewable for successive periods of 3 of 6 11/2/2009 3:03 PM ARTICLE 11. SOLICITORS AND PEDDLER http:// library2. mupicode .com/default- test/DocView /10098/1/5 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 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 4 of 6 11/2/2009 3:03 PM ARTICLE 11. SOLICITORS AND PEDDLERS+S, . http: / /library2.mun'code .com/default- test/DocView /10098/1/56/58 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 applicants 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 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 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) 5 of6 11/2/2009 3:03 PM ARTICLE II. SOLICITORS AND PEDDLERSS, http: / /library2.muuicode.com/default- test/DocView /10098/1/56/58 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. 6 of 6 11/2/2009 3:03 PM SAL) IcRru 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. . ($100 + $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? o Yes o 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 o No Certificate of Liability Insurance (Copy provided to the City Clerk) o Yes o 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. 2 r CHAPTER 113: HAWKERS AND PEDDLERS Section 113.01 Purpose 113.02 Definition 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 0 § 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; 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. 0 § 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 Tots 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 f • 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) r § 113.10 Saugatuck - Business Regulations 32 § 113.10 EXEMPT ACTIVITIES. 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) C AzasTI`n aorcre- 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. If 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 §I, 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 §I 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 1st 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 rs, 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 § 1 I, 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 1st 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, without first obtaining permission from the person to be contacted. (7) They may operate from 11:00 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 §11, 2003) Sec. 6 -4 -100. 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 §1 I, 2003) 6 -19 Food vending cart findings and draft Code -large 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.