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Home My WebLink Aboutcoa.lu.ca.130 S Galena.Sign.0058.2010 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0058.2010.ASLU PARCEL ID NUMBER NO PARCLE PROJECTS ADDRESS 130 S. GALENA ST PLANNER DREW ALEXANDER CASE DESCRIPTION CODE AMENDMENT REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 10.5.10 CLOSED BY ANGELA SCOREY ON: 10. 05.10 0058.20 L 0 - PtSWI Elie Edit Record Nat'Sate Farm Reports Format Tab Help i C s c j ► x 1 a ► V 4 is 94 E4'1oVJ 7 . tiump :f1iOI91 ih $ %QCklar r as • ROA 245 IFM IFee$uana(n n WM I I RCWI9 d Ire l040mPI I Sub a d .• u .'Aspen land Use a r.:. 2010.ASLU 30 S GALENA" «TY HALL 0 v r 3+ : d IL 61 r 4 5 " � C iPd 41,Z1111 i + '" 0 i� :, p$tbl CODE AMENDMENT - SONS ON PUBLIC RIGHT OF WAY PUBL AMENITY Q p 0)8/20 064010 :. logs lair OF ASPEN (bdt IStapped I pays I 0 eSs I1 On t2011 . I Stixreled we l -I Neter Last ICITY OF ASPEN I Fist name ICITY HALL 130 S GALENA ASPEN CO 81611 Phase O Adams Appicent p Owner s applicant? ❑ Contlatior a apps e ? Last name ICITY OF ASPEN • • I First name OITY HALL 130 S GALENA ASPEN CO 81611 Phone ( ) • Cust 3 128789 1 Address Lender Last name I Fast name Phone () • Address 1" I Enter the pawl are'sketnye __..__. !�__ a� L 1 1� 1 of 1 ORDINANCE NO. 9A (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: 26510.110.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 26.510.110.13.4 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 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 and then again to June 8 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. 9A, Series of 2010 Page 1 WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE TT 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 26.510.110.B.4, Banners and Flags on Main St. Light Posts, which section defines, describes, authorizes, and regulates the availability to installed banners and flags on Main Street light posts, to read as follows: 4. Banners and flags on Main Street light posts. a. Purpose. Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. 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 th t 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 City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 2 b. , requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. f. Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. Section 2: 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 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. City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 3 • 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 shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation. Outdoor merchandising shall be directly associated with the adjacent business and shall not permit stand -alone operations, including, but not limited to, automated bike rental racks, movie rental kiosks, automated dog washes, or automated massage furniture. 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 City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 4 located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c) Outdoor clothing sales including, but not limited to, coats, jeans, shirts, athletic apparel, and footwear shall be limited to a display of twelve (12) linear feet. For all other types of merchandise, the size and amount allowed shall be 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) Section 3: 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 4: 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 5: 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. City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 5 r INTRODUCED, READ AND ORDERED PUBLISIIED as provided by law, by the City Council of the City of Aspen on the 12th day of April, 2010. Attest: thryn S. o / C Michael C. Ireland, Mayor tn S. Ko �� Ci � Clerk FINALLY, adopted, passed and approved this O Q'{i\ day of aikke , 2010. Att., : Kathryn S. /1, City lerk Michael C. Ire • i d, Mayor Approved as to form: I, i • ! orney City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 6 y _ _ �� l 4897855 PROOF OF PUBLICATI 9 P ( L/' Yc �t (is V) Y t °mN o E 8� �y� TI OF PITKIN i 2 $a S E CD COUNTY U v E. 9 g „ m m STATE OF COLORADO, ° ' l S s m ° , Z � d _E� ` � " do solemnly swear that I am a Publisher of the ASPEN 3 , < a ° 1, enna Weatherred, newspaper printed in whole or in m m J WEEKLY, that the same weekly p l in and has a U 3 m it TIMES ed in the County of Pitkin, State of h been published � II 11 : published g ' E � m Part and P therein; that said newspaper for period of c f o i $ 9 central circulation tedl in said County of Pitkin pe , .n W _ „ o publication of o A .€ < continuously and ° consecutive ve weeks next prior to the first p w : a e a = a m contin Y o consec m more than fifty -- ° legal notice or a dvertisement. V° a r a a s the annexed leg m the regular m a rE 27 ent was published ' E < ,, =. ,. legal notice or advertisement period of 1 a « ; y < and the annexed leg said daily newspaper m _ m - 0 on issue of every number of sal y paper for the per of said notice was in the a it gg g x 5 and entire and that the first publication of said " .. d ` °s a consecutive insertions; dated 4/252010 and that the last publication a I ag N = r % s s. 010. o i 7, ms C issue of said newspaper a er dated 4�25�2 of June, 2010. o ° 'wg . o ;A notice was in the f I ha have said newspaper sp p ha • ' 2nd day ) a % ; € E • eve here unto set my — g it O In witness whereof, I h 1 a o L $$ ' d UZ c E N i� a W6 5 m Lie ii 1 Publisher m - it_ � )enna Weat erre ° St 6 v 4 � �� a ^�qE public in and for the County of 8 i o 1 4aio ° Subscribed and sworn ro before me, a notary p > day of June, 2010.. h = t ' “” Garfield, State of Colorado this 2nd Y J i t _q .t% s Y I S wa C. Z vote �S W T O W °W W3 Q i 6 6e.'W W � o > s 4 e Notary Public of :g Ma E. Bor enhag n < a a sm ssx; Tres: August 27, 2011 Y�PU ., , 1 �� My Commission expires: �ppSi . . ..., 6 (,' o 1 . Aspen (LEGAIS) City of C 1 _ :_,RtENit4bEN p i -cr:-.7..-< - Q.) C ' , v U. & �§ t k / k \\ \ k { 000q o\/ ootL� .3 a th E� 2 0J 0 \ f® « K1 en R2 G��J 2 5 a \ n �u ocf ' ' 0° °i_ � owl 4 § 2 § ƒ § )$ � ° - r ( ° °o wl-- @ \§ E o u o \ \ § \ CD a § t} 22 » ° [ ) § © W 7 7 2 i \§ \ 7 # 0 » \ 1-§ § 1551 >- E o cc ` • U \ /k/ /\/ §/ CC k 2a »— a m a o o 0 8 a r d o o 2 d r 0 co k k o » co } § ƒ / / § • \ § ■ ® ° ® ® )\ 7 0 0 0 0 f B k a C . t§ R / ® \ / \ » % k 2 0 2 2 0 ti, q G ° E \ A G 0 2 � � E U • � « ° | AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: / //4 Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 0 KoNDA1 A -gr2-t� 2_4, PSG STATE OF COLORADO ) ) ss. County of Pitkin ) I C .�( G` t5 Co 12 (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 t Z day of , 2000 , by ac • �, N TI WITNESS MY HAND AND OFFICIAL SEAL RI RE:CITY INA AMENDMENTS TO CHAP- TERS 26.470. , 26.510, and 26.575.030 OF TITLE 26, CRY ASPEN LAND USE CODE t NOTICE IS HE Y GIVEN that a public hewing My commission expires: t will be held on day, April 26, 2010. at a meet- ing to begin at 5:09 p.m before the Aspen City Councll, Couroil Chambe COy Hell, 130 S. Gale- ' , na 5t., Aspen, to consider Community Develop- 'I I / r, . L _ . a 44 _ ment Department Initiated amendments to the 1 City's Land Use Code related to the provisions for Notary Public Temporary Outdoor Food Vending, Slaw, and Y Public Amenity Space: through ame ndments to Chapters l For .06O,7, 26.510, end 26.575.030 - respectively. er at For twiner information, confect Drew Alexander at me City of Aspen Community Devel- opment Depyartment. 130 S. Gale SL A spen, C O l g 7 0 ) 4 2 9. na 2 drew.alexander0ci.aspen.co us. e44ichael C. Ireland, Chair Aspen City found Published in the Aspen Times Weekly on April 11, ATTACHMENTS AS APPLICABLE: 2D10 X4666361) YE PUBLICATION - . KPH 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 r^ 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. Signat�llre The foregoing "Affidavit of Notice" was acknowlIedgedtp �t me this \ day of '04 /i , 20%Q , by �VI �� 9 • WITNESS MY HAND AND OFFICIAL SEAL IN ,APP LICN TILE R TERS CSI10, 26.104.110026.]105160, AND TO My commission expires: 26.575 5IIER THE LAND USE CODE { N \ ww • u 2010, ala ! ( • : • • �•q�.�'O NOTICE IS HEREBY '30 p. that e p A f1. (/VV L. f A /�:^ • will be held on Tuesday Febmu befo a ll1e Aspen x / /a _ - - _I� meeting 10 begin al 4:30 P , •'� Plannin arid ll. 130 C Galen 1 e S Aspen. N • P u bl ic . . % a • Room, om Nall, 130 S sidamendments to th el hyena Department mitia4 • • i ed amendments to the Ci y'e Land Use Code re al- s S I Zone t D District, and a scellaneous t e 26. lc v ed to through amendments to ebapler 26.510, • 26.104100, 26.]10.160, and 26.575 respandent;Y. i ({1� • • • ct Drew the G ly of AspenlCommunity De elopment e- , A / • • � 6 • Q For further A Aspen, GO, (9]01 1 q • V M A `P pertinent. 130 5. Galena St. en.cous. 1 ••• HH •• O C S 4292]39, drew . alexantle /®c \ Or. CW, s Gibbs I ATTACHMENTS AS APPLICABLE: ` co A n spen Planning and Zoning Commission p HE PUBLICATION it/Commission Expires 09/25/2013 31, 201`0 1457655 en Tim Weekly On January PH OF THE POSTED NOTICE (SIGN) OWNERS AND GOVERNMENTAL AGENCIES NOTICED CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE _., .... D BY C.R.S. §24 -65.5 -103.3 • r•- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY a n , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Feb Ri Q(-,30 p , 20' 0 STATE OF COLORADO ) ) ss. County of Pitkin ) e n SCc (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 , Said notice was posted at least fifteen (15) days prior to the public hearing ' ."�nd continuously visible from the day of 200 to y � t e 1� > ) ' 0Pefi j iriE ucting the date and time of the public hearing. A photograph of the posted notice kiwi) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community ' De Department, which contains the information described in Section p 3b4.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to 'ate 't1 $blic hearing, notice was hand delivered or mailed by first class postage r " " prepaid firSimail 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) „. G.,“-t,1311 0 City PlanninS Zoning Meeting — Minutes — January 05, 2010 COMMENTS 2 MINUTES 3 CONFLICTS OF INTEREST 3 CODE AMENDMENTS 0 SIGN CODE AMENDMENTS 8 ELECTION OF CHAIR & VICE CHAIR 9 1 City Planning & Zoning Meeting — Minutes — Janua905, 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 City Planning & Zoning Meeting — Minutes — Januarr05, 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 PTA City Planning�r. Q 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 PlanningY 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: Jinx 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. LJ Erspamer elected as vice - chair. Adjoumed at 6:50 pm. Jackie Lothian, Deputy City Clerk 9 V MEMORANDUM ttl a.. TO: Mayor Ireland and Aspen City Council THRU: Drew Alexander, Interim Zoning Officer P•P FROM: Chris Bendon, Community Development Director J 1 f1k ti /I 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 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. 3.) Signage: This code language change to the sign code refers to signs (banners and flags) on Main Street light posts. The proposed language addresses some repetition that existed between the Purpose and Eligibility portions of this Section. This revision would give the City Clerk more confidence in granting sign approvals, and would also greatly reduce the number of banner or flag sign proposals being presented to the City Council. No requirements or review standards have been altered. Staff would like to create a separate Land Use Code chapter for Signs on Public Property. A more comprehensive re -write of the Sign Code will be presented to Council at a later date. APPLICANT: City of Aspen PREVIOUS ACTION: Work sessions were held with CCLC and City Council in addition to a survey that was distributed by ACRA to local retailers. REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, the Planning and Zoning Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. City Council is the final review authority. RECOMMENDATION: Staff recommends the City Council approve the City - initiated amendments to Temporary Food Vending, Public Amenity, Signage, as described in Ordinance 9, Series of 2010. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Ordinance No. 9, Series of 2010." ATTACHMENTS: Ordinance No. 9, 2010, for Outdoor Merchandising, Outdoor Vending, and Main Street Banners Exhibit A.1 — Existing text for Outdoor Vending Exhibit A.2 — Redlined text for Outdoor Vending Exhibit B.1 — Existing text for Main Street banners Exhibit B.2 — Redlined text for Main Street banners Exhibit C.1 — Existing text for Pedestrian Amenity Exhibit C.2 — Redlined text for Pedestrian Amenity Exhibit D — Planning and Zoning Minutes MEMORANDUM VI I a'e TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director n t 1, . Drew Alexander, Interim Zoning Officer Ca l/VVVV� RE: Land Use Code Amendments — Ordinance No. C 1 , Series 2010 — First Reading Temporary Outdoor Food Vending Signage Public Amenity Space MEETING DATE: April 12, 2010 SUMMARY: The City of Aspen Community Development Department has initiated amendments to the Aspen Land Use Code in the areas of outdoor merchandising, temporary food vending, and signage in response to a work session held with City Council in September of 2009. The work session referenced above was held in order to gain Council's opinion on existing conditions related to the market environment in and around the Commercial Core. More specifically, this discussion involved outdoor merchandising, temporary outdoor food vending regulations, sandwich board signs, and outdoor dining. Staff researched the code and drafted an implementation strategy for language changes. The following Land Use Code Sections were grouped together for the initial text amendment review: • 26.470.060.7, Temporary outdoor food vending, • 26.510.110.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: I.) 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 I ' ✓ community between outdoor food vendors and those that pay interior rents. The changes to code include location, duration and signage revisions. Location: The proposed code language allows for food vending carts to operate in new locations. The first of these areas is the Commercial Lodge (CL) zone district and Gondola Plaza. These areas occupy a portion of the base of Aspen Mountain and include properties such as Aspen Square, Residences at Little Nell, and the North of Nell. The second proposed location includes the interior arcade malls within properties in the Commercial Core (CC) and the Commercial Lodge (CL) zone districts. Vending carts located in arcades must obtain property owner consent and from all businesses who have access along the arcade. The proposed location language additionally states that the operator is limited to one location and the cart shall be installed and not intended to move on a day -to -day basis. Duration: Currently, temporary food vending permits are allowed to operate on a six month basis. The code does not specify whether or not this is within an annual year, or if the operator can stop vending for one day and then begin operating again for another six months. The proposed code language allows for vendors to receive a yearlong permit, starting May 15 and ending May 14. When the year duration has expired, the operator is subject to review and resubmittal of fees. If the vendor is deemed noncompliant with the code the permit may be revoked. Signage: The proposed code language exempts food vending cart signage from those requirements found within Land Use Code Section 26.510, Signs. This exemption does not include the section on Prohibited Signs found within that Chapter. The size of the sign shall be the lesser of fifty percent (50 %) of the surface area of the front of the cart, or eight (8) square feet. The sign shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts in locations that have no visibility along the public right -of -way shall be allowed one sandwich board sign in accordance with the regulations found within Section 26.510.130.D.e. 2.) Outdoor Merchandising: The main concern with outdoor merchandising is that the code prohibits it from occurring, yet it is commonplace throughout town. Most of the activity includes clothing, sportswear, bicycles, or artwork. City Council informed staff that they believed the current amount of outdoor merchandising was acceptable, but that the code needs to match existing conditions and to have some level of control. The proposed code language now allows for outdoor merchandising in public amenity space or private space. Additionally, this language requires that outdoor merchandising be in front of or proximate to the storefront it is associated with. The merchandising must be associated with a commercial use on the same parcel. The code language also prohibits the installation of umbrellas, retractable canopies, or similar devices in conjunction with outdoor merchandising displays. 3.) Signage: This code language change to the sign 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: q "I move to approve Ordinance No. / , 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. , 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. — 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 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 8.1 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 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 Tight 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 Tight 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. 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) C t. ; 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 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 merchandisinnon 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 Obiectives 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. 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 '/z 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 NO. (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTIONS FO THE CITY OF ASPEN LAND USE CODE: 26.470.060.7, 26.510.110.B.4, AND 26.575.030.F WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.470.060.7, 26.510.110.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 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 0 Light Posts, which section defines, describes, authorizes, and regulates the availability to installed banners and flags on Main Street light posts, to read as follows: 4. Banners and flags on Main Street light posts. a. Purpose. Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City -owned light posts on Main Street. b. Eligibility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events that are considered relevant to a large segment of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c. Size /number /material. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. d. Content. Banners shall only contain information identifying the event, the date and time or a simple graphic /logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30 %) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. e. Cost /fees /procedures. The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. City of Aspen City Council Ordinance No. , Series of 2010 Page 4 f. Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. Section 3: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.575.030.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. City of Aspen City Council Ordinance No. , Series of 2010 Page 5 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 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, §l5; 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 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 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 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 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 feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. f) An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open -flame char- broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. g) Affordable Housing Waiver: The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. h) The outdoor food vending activities may occur year - round. An application for an an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. i) An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.510.110.B.4, Banners and Flags on Main St. Light Posts, which section defines, describes, authorizes, and regulates the availability to installed banners and flags on Main Street light posts, to read as follows: 4. Banners and flags on Main Street light posts. a. Purpose. Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City -owned light posts on Main Street. Planning and Zoning Commission Resolution No. 1, Series of 2010 Page 3 b. Eligibility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events that are considered relevant to a large segment of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c. Size /number /material. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the Light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. d. Content. Banners shall only contain information identifying the event, the date and time or a simple graphic /logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30 %) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. e. Cost/fees /procedures. The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. f Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. Planning and Zoning Commission Resolution No. 1, Series of 2010 Page 4 r Section 3: Pursuant to Section 26.310 of' the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.575.030.F, Public Amenity — Design and Operational Standards for Public Amenity, which section defines, describes, authorizes, and regulates the City of Aspen's required public amenity areas, included those operations that can occur within, to read as follows: . F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. Open to sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered as floor area or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor area or a reduction in public space on the parcel. 3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. Vacated rights -of -way shall be excluded from public amenity calculations. 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating mid -block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscaping plan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. Planning and Zoning Commission Resolution No. 1, Series of 2010 Page 5 8. Maintenance of landscaping. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9. Outdoor Merchandising on Private Property. Private property may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation. In addition, outdoor merchandising must meet the following requirements: a) Merchandise must be maintained, orderly and located in front of or proximate to the storefront related to the sales. b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right -of -way. All merchandising shall be located on private property. A minimum of six (6) foot ingress /egress shall be maintained for building entrances and exits. c) The size and amount of merchandise allowed is under the discretion of the property owner. d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor areas shall not be used solely for storage. The prohibition of storage shall be limited to merchandising on private property and shall not apply to permitted commercial activity on an abutting right -of -way or otherwise permitted by the City. 10. Outdoor Restaurant Seating on Private Property. Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 11. Design guideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, (Ord. No. 55 -2000, §15; Ord. No. 1 -2002, §16; Ord. No. 23 -2004, §3; Ord. No. 2 -2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2) Planning and Zoning Commission Resolution No. 1, Series of 2010 Page 6 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 % 1 I11 W1 , 2010. Attest: 4111 it� ity Clerk LJ C air Approved as to form: City Attorney Planning and Zoning Commission Resolution No. 1, Series of 2010 Page 7