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HomeMy WebLinkAboutcoa.lu.ca.130 S Galena Trash Recycle area.0016.20130016.2013.ASLU 130 S. GALENA CODE AMENDMENT Trash Recycle Utility Area L C� IINZO�' 4b C3 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0016.2013.ASLU PARCEL ID NUMBERS N/A PROJECTS ADDRESS 130 S. GALENA PLANNER JESS GARROW CASE DESCRIPTION TRASH RECYCLE UTILITY AREA REPRESENTATIVE CITY HALL DATE OF FINAL ACTION 4.28.13 CLOSED BY ANGELA SCOREY ON: 7/3/13 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: A1e,1zt"A C Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or repr senting 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) or Section 26.306.010 (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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. - S �,, - r- -�� I - Signature The foregoing "Affidavit of Notice" was acknowledged before me this o2 day of 20. f & by U WITNESS MY HAND AND OFFICIAL SEAL My commission expires: S 29 —ZLoA tary Public My Gmvnissi n EXP"s 03@912014 ATTACHMENTS: COPY OF THE PUBLICATION at tat I NOTICE RE: AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that an amendment to the Land Use Code related to trasihy, utility, and l on recycling areas was approvedby Monday. April 22, 2013. For further information, contact Jessica Garrow at the City of Aspen Com- munity Development DeparrtmeOM.4209.2al na St., Aspen, CO, jessica.garrow C cityotaspen. Michael Ireifin-d—M-11YOX Aspen City Council Published in the Aspen Times Weekly on May 2, 2011 [91424881 ORDINANCE No. 13 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE AND WASTE REDUCTION CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 12.06.010, 020, 030, 050, 060, AND 080 — WASTE REDUCTION AND RECYCLING; 12.010 — SPACE ALLOTMENT FOR TRASH AND REYCLCING STORAGE; 26.100.104 - DEFINITIONS; 26.412.060(B) — COMMERCIAL DESIGN REVIEW, COMMERCIAL DESIGN STANDARDS, UTILITY, DELIVERY, AND TRASH SERVICE PROVISION; 26.430.030, 040(E), 060(C), 080, AND 090(A) - SPECIAL REVIEW; 26.575.060 — UTILITY/TRASH/RECYCLE SERVICE AREAS; AND 25.575.180 — REQUIRED DELIVERY AREA AND VESTIBULES FOR COMMERCIAL BUILDINGS. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the space requirements for trash, recycling and utility equipment storage; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development Department; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach to gain feedback from the community on potential code changes to the trash and recycling storage requirements; and, WHEREAS, during a duly noticed public hearing on March 18, 2013, the City Council approved a Policy Resolution, Resolution 26, Series of 2013, directing staff to process code amendments related to trash, utility and recycling area sections of the land use code, by a four - zero (4 - 0) vote; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and WHEREAS, the Environmental Health Director has recommended approval of the proposed amendments to further the City's goal of recycling and waste reduction; and Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 1 of 18 NOW, THEREFORE BE IT RESOLVED BY THE, CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: . . . . Section 1 Sections 12.06.010, 020, 030, 050, 060, and 080 — Code, shall be amended as follows: Sec. 12.06.010. Definitions. Waste Reduction and Recycling, of the Municipal For purposes of this Chapter, the following terms shall have the meanings ascribed to them: Ashes. The term ashes shall mean the solid residue left when material is burned. Audit Card shall mean a card that waste Haulers give to customers who have included banned Yard Waste in their garbage or who have failed to properly sort their Recyclable Materials. Commercial Customer shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. Compostable material or compostables shall mean any organic material that will naturally degrade and that has been designated as compostable by City Manager regulation in the "Compostable Materials List" which may include, but is not limited to, 1) Animal or vegetable based food scraps resulting from the preparation, cooking and serving of food; 2 Organic materials, including paper products and products designed to completely break down in a commercial composting facility; 3) Organic material that has been completely segregated from trash by the generator for the purpose of being composted or otherwise processed through natural degradation into soil amendment, fertilizer or mulch. Garbage The term garbage shall mean all wastes from the preparation and consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. The term garbage shall include compostable material and compostables. Hauler means any person in the business of collecting, transporting or disposing of garbage or trash for another, for a fee, in the City. Multi -Family Customer means the occupants, taken together, of a residential building or set of residential buildings that use a collective, common system for the collection of garbage generated by the occupants. Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may .include, but are not limited to, newspaper, magazines, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 2 of 18 Residential Customer means every occupant of a residential building or set of residential buildings who receives periodic garbage collection service, and who does not use a collective, common system for the collection of garbage generated by the occupants. Trash. The tern trash shall mean all substances, which are neither ashes nor garbage, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops, stores or other places of business. Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26, 2005, § 1) See. 12.06.020. Exemptions. Fhe following persons are exempt from the provisions of this Chapter: (A) Any person or agent thereof who transports to the landfill only the garbage that person generates. (B) Any person who transports only liquid wastes (such as restaurant grease), discarded or abandoned vehicles or parts thereof, discarded home or industrial appliances, household hazardous wastes or hazardous materials as defined in the rules and regulations adopted by the United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq. See. 12.06.030. Hauler requirements. (A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a business license from the City. In order to receive a City business license, a solid waste Hauler must comply with the requirements of this Chapter. (B) Haulers providing trash service in the City shall include in the base rate for trash pickup service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable Materials List. (i) For residential customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum cans and newspapers. (ii) For commercial and multi -family customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum, newspapers, cardboard and office paper. (C) It shall be unlawful for Haulers to provide a separate line item for the cost of recycling services on any invoice, contract, or other document that is delivered to the customer, or to deduct any amount from a customer's rate if the recycling services are not used. (D) The collection of recyclable materials for residential customers shall be provided on the same day and upon the same frequency as trash pickup. Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 3 of 18 (E) Haulers shall provide collection of recyclable materials for multi -family and commercial customers as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the recycling containers without causing an overflow. (F) Any person licensed to operate as a solid waste Hauler within the City shall charge all Residential Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the container used by the customer. All charges shall be based upon units of volume no greater than thirty-two (32) gallons. The charge for the second unit shall be no less than the charge for the first unit of volume. The charge for each subsequent unit of volume shall be no less than the charge for the first unit of volume. (G) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's requested container size or level -of service. (H) Each Hauler shall submit a bi-annual report to the city manager of the weight in tons of garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to 12.06.040) _Compostables and Yard Waste materials collected within the limits of the City. For loads that contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from outside the limits of the City, the reported quantity may be estimated by the Hauler but must use the standardized formula provided by the City of Aspen which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. Bi-annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the Environmental Health Director. Included in this form shall be a standardized formula for volume estimations, a description of the approved data collection methods and a section for the hauler to describe any assumptions used in the data collection process. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. Haulers shall include the following with the bi-annual report when submitted: - One (1) example of the base rate monthly charge for an average residential customer and one (1) example of the base rate cost for a commercial customer that would be considered an average customer with no special considerations. - Schedule of pick up for customers located within the City of Aspen. This requirement may be met by providing route sheets detailing the different daily hauling routes within City limits. (I) Nothing in this Section shall be construed as prohibiting any Hauler from providing separate pricing for special collection of bulky items, Compostables, Yard Waste, contaminated recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was subscribed with a Hauler for trash. (J) Except for materials that customers have not properly prepared for recycling and so are grossly contaminated (fifteen percent [15%] or more of trash), Haulers may not dispose of Recyclable Materials set out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise prepares Recyclable Materials for sale. Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 4 of 18 0) Haulers must notify customers of any grossly contaminated Recyclable Material with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. (ii) Haulers must notify the Environmental Health Department via email or phone if grossly contaminated Recyclable Materials are deposited into the trash instead of properly recycled, due to contamination, at the same address more than once in the period of one (1) month. (K) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably acceptable by the City of Aspen: (i) Upon the initial provision of solid waste collection services to new customers, (ii) Ninety days prior to any deadline such as the date for existing customers to notify the hauler if they wish to opt out, and (iii) On or before December 31 of each year for existing customers Haulers will also provide within the above reference letter information on the materials designated for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b). Such notice shall further include for Residential Customers the notification of the variable rate system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure that customers are fully informed of the availability of recycling and level of service options. For group accounts, the notices required herein may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual customers or users of the service within the group of the availability of recycling services. On or before January 31 of each year, the Hauler shall deliver to the Environmental Health Director a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi -family or Commercial, on or before December 31 of the previous year. (L) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall notify customers of the ban with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. (Ord. No. 26, 2005, § 1) (M) A hauler that exclusively hauls compostable material, no trash or recycling, that has been prepared by the generator for the purpose of separate collection and that is collected in a separate vehicle or compartment of a vehicle than that used for trash collection, is exempt from the above provisions of Section 12.06.030, except that all compost haulers shall comply with subsections (A), (G) and (H) of this Section 12.06.030. Sec. 12.06.040. Designation of Recyclable Materials, Banned Yard Waste Materials and Compostable Materials List. Ordinance 13, Series of 2013 -- Trash and Recycle code changes Page 5 of 18 (A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's "Recyclable Materials List," which shall be prepared and amended from time to time by the City Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (B) The Yard Waste material that is required to be separated from trash shall be set forth in the City's "Banned Yard Waste List," which shall be prepared and amended from time to time by the City Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, § 1) (C) The "Compostable Material List" shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. Sec. 12.06.050.Placement of Recyclable Materials, Compost and Yard Waste for pickup. (A) All recyclables, compostables and Yard Waste accumulated on any premises shall be placed in a container separate from trash, or in a suitable manner such as cardboard broken down and placed on a shelf. (B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design as long as they do not interfere with industry -accepted requirements for the preparation of materials for recycling that are necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005, § 1) (C) Composting containers for storing and setting out Compostable Materials may be of any color or design so long as the container complies with all other requirements of the Aspen Municipal Code, including but not limited to the provisions of Chapter 12.08, Wildlife Protection. (D) Yard Waste may be included for pick up with Compostable material in the Compostable Material bin or placed next to the Compostable Material bin in preparation for pick up by a hauler. (E) Containers provided by a waste hauler to a customer must be clearly marked to show the type of waste or recycling permitted in the bin. See. 12,06.060. Educational materials. (A) The Environmental Health Department shall provide an annual summary of waste and recycled material totals collected in the City, and shall report on other measures of success and aspects of this Chapter. (B) The City will provide wording for Audit Cards and letters and talking points for phone calls that the Haulers must use to notify their customers of contamination of Yard Waste in trash and contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 6 of 18 C. • year to all their customers, which may be at the same time as materials sent out under Subsection 12.06.0300) above. The City will consult with the Haulers about the educational flyer prior to distributing it to the Haulers. (Ord. No. 26, 2005, § 1) Sec. 12.06.070. Audits and violations. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regular business hours in order for the City to verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, § 1) Section 2• Section 12.10 — Space Allotment for Trash and Recycling Storage, of the Municipal Code, shall be amended as follows: Chapter 12.10 Space Allotment for Trash and Recycling Storage Sec.12.10.010. Definitions The definitions and terms used in this Chapter are defined as follows: Commercial Building. Any premises utilizing trash collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. The definition of a Commercial Building shall also include mixed -use buildings where residential space exists in the same building where a commercial, industrial or institutional enterprise is carried on. Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 7of18 Hotel (a,k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the purposes of this Chapter. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Chapter. Multi family Development or Project. A residential structure containing three (3) or more attached Dwelling Units in either an over -and -under or side -by -side configuration with common unpierced demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. Terms not defined in this Section shall have the meaning ascribed to them as set forth in the City of Aspen Municipal Code Section 26.104,100 or in the International Green Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Otherwise the common definition applies. Sec. 12.10.020. Applicability This Chapter shall be applicable to: a) All new Commercial, Multi -family and Lodge development within the City of Aspen b) All existing Commercial, Multi -family and Lodge development that adds two (2) or more residential units, three (3) or more lodge units, or more than 250 square feet of commercial net leasable space. c) All existing Commercial, Multi -family and Lodge development that meets the definition of Demolition. Prior to issuance of a building permit applicant shall obtain approval from the Environmental Health Department pursuant to this Chapter. Sec. 12.10.030. Space required for trash and recycling storage for Commercial Buildings. All Commercial development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A)Adequate space for Commercial Buildings is defined as follows: For Commercial Buildings that will not contain nor will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 8 of 18 recycling facilities. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. b. For Commercial Buildings that will contain or that will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of fifteen (15) feet at ground level. c. For Commercial Buildings that contain residential dwelling units, one and a half (1.5) square feet of space for trash and recycling storage shall be added to the minimum requirement listed in 12.10.020.0 subsections a and b for each additional dwelling unit over five (5) units. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alleyway access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D) The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G)If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10,040. Space required for trash and recycling storage for Lodges All Lodge development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A)Adequate space for Lodges is defined as follows: a. Lodges with more than sixty (60) guest rooms that will possess or have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulations must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 9 of 18 clearance of ten (10) feet and a minimum depth of twenty (20) feet at ground level. b. Lodges with more than sixty (60) guest rooms that will not possess nor have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulation must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. c. Lodges with sixty (60) or fewer guest rooms must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alley access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D)The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.050. Space required for trash and recycling storage for Multi -Family Developments All Multi -Family development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Multi -Family Developments is defined as follows: a. Multi -Family Developments including ten (10) or fewer dwelling units shall provide a minimum of twelve (12) linear feet for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. Ordinance 13, Series of 2013 - Trash and Recycle code changes Page 10 of 18 b. Multi -Family Developments including more than ten (10) and fewer than thirty (30) dwelling units shall provide an additional one and a half (1.5) square feet for each additional dwelling unit over ten (10), in addition to the required one hundred and twenty (120) square feet described in Section 12.10.050.A subsection (a) above. c. Multi -Family Developments that include thirty (30) or more dwelling units shall provide a minimum of one hundred fifty (150 ) square feet of space for trash and recycling storage plus an additional one hundred fifty (150) square feet for every increment of thirty (30) additional units over fifty nine (59). This space may be located in a central collection area or may be divided into smaller collection areas located in different locations throughout the property. If smaller, separate collection areas are planned, no single area may measure fewer than one hundred and twenty (120) square feet. (B) The required area shall not be used for parking or as vehicular access to a parking area. (C) The area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (D) The trash and recycling areas shall be accessible to all tenants within the development in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (E) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.060. Change of Use All requests to change the designated use of a property between the development categories, as described in Section 26.470.070, are required to meet the requirements of this chapter. Sec. 12.10.070. Shared space and shared waste contracts (A) If a dumpster, trash compactor, recycling bin or storage area for trash or recycling is intended to be used by occupants or tenants of two (2) or more separate Commercial Buildings, Lodges, or Multi -Family developments a recorded agreement burdening both properties must be submitted as an attachment to the permit. This agreement must show that both properties will have adequate storage space for trash and recycling and these designated storage areas must comply with the standards set forth in this Chapter. (B) If shared space is part of the permit approval the applicant must indicate how the requirements from the Chapter will be met if the agreement between parties or properties becomes null and void or is otherwise terminated. Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 11 of 18 Sec. 12.10,080. Special Review (A) The City of Aspen Environmental Health Department may reduce the required dimensions of the trash and recycling area or may approve a trash and recycling area with a different configuration by Special Review and in accordance with the standards set forth below in Subsection 12.10.080.0 (B) An applicant may request an exemption from some or all of the provisions of this Chapter by applying for Special Review from the Environmental Health Department. (C) Applicants are eligible for Special Review consideration if: a. The property does not adjoin an alleyway b. The applicant wishes to separate the trash and recycling areas c. The applicant is proposing a reduced size for the trash and recycling area d. The applicant feels the requirements of this Chapter cannot be met given the nature of the property. (D) Applicants requiring or requesting Special Review shall submit a written explanation of the reasoning behind applying for Special Review. The applicant must show how trash and recycling will be properly disposed of and stored. (E) The Environmental Health Department may reduce the required dimensions of a trash and recycling service area if: (i) There is demonstration that, given the nature of the potential uses of the building and its total square footage, the trash and recycling area proposed will be adequate; a. For the purposes of approvals, adequate will be defined as follows: i. For a Commercial, Lodge or Multi -Family building the space must accommodate and provide access to the following types of bins, at the minimum: One (1) garbage collection bin One (1) comingled container recycling collection bin One (1) office paper recycling collection bin One (1) newspaper/magazine recycling collection bin One (1) cardboard recycling collection bin or collection area where boxes can be stacked and contained in an enclosed space; and ii. Access by both the tenants and the waste hauling companies to the trash and recycling service area is adequate; and Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 12 of 18 iii. Measures are provided for locating and enclosing trash bins and making them easily movable by trash personnel; and iv. The proposed area meets the requirements to the greatest extent practicable given physical constraints of the property or existing improvements. (F) The Environmental Health Department shall consider the Special Review within thirty (30) days of the date of permit submittal. The Environmental Health Department shall issue a written decision to the applicant. Sec. 12.10.090. Appeal Procedures (A) An applicant may appeal the decision of the Environmental Health Department by filing a notice of appeal on a form prescribed by the Administrative Hearing Officer as defined in and pursuant to Chapter 26.222 of the City of Aspen Municipal Code. The notice of appeal shall be filed with the Administrative Hearing Officer within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Chapter to appeal any decision or determination. (B) The Administrative Hearing Officer authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. (C) Unless otherwise specifically stated in this Chapter, the Administrative Hearing Officer authorized to hear the appeal shall decide the appeal based solely upon the written decision and record established by the Environmental Health Department. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. (D)The Administrative Hearing Officer may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the Environmental Health Department, including the power to impose reasonable conditions to be complied with by the appellant. The Administrative Hearing Officer may also elect to remand an appeal to the Environmental Health Department for further proceedings consistent with that body's jurisdiction and directions given, if any, by the Administrative Hearing Officer. The decision shall be approved by written resolution. All appeals shall be public meetings. The Administrative Hearing Officer's decision shall be submitted to both the Environmental Health Department and the applicant in writing. Section 3• Section 26.104.100, Definitions, Utility/trash service area, of the Land Use Code, shall be amended as follows: Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 13 of 18 L J n Utility/trash service area. An area approved or designated for the placement of garbage or trash containers or mechanical equipment, accessory to a principal structure or use. Section 4• Section 26.412.060(B), Commercial Design Review, Commercial Design Standards, Utility, deliver and trash service provision, of the Land Use Code, shall be amended as follows: B. Utility, delivery, trash and recycle service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A trash and recycle service area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said Chapter. 2. A utility area shall be accommodated on all projects and shall meet the minimum standards established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Codes. 3. All utility, trash and recvcle service areas shall be co -located and combined to the greatest extent practical. 4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. 5. All utility, trash and recycle service areas shall be fenced so as not to be visible from the street, unless they are entirely located on an alleyway or otherwise approved though Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. All fences shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430, Special Review. 6. Whenever utility, trash, and recycle service areas are required to be provided abutting an alley, other portions of a building may extend to the rear property line if otherwise allowed by this Title, provided that the utility, trash and recycle area is located at grade and accessible to the alley. 7. All utility service pedestals shall be located on private property. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 14 of 18 8. All commercial and lodging buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non -ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights -of -way) may not be utilized as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 9. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet the requirements of the International Energy Conservation Code as adopted and amended by the City of Aspen, or an air curtain. 10. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 11. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device -such that it shall not be visible from a public right-of- way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. 12. The trash and recycling service area requirements may be varied pursuant to Title 12, Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied by special review (see Chapter 26.430.040.E, Utility and delivery service area provisions). Section 5• Section 26.430.030, Special Revieii,, Applicability, of the Land Use Code, shall be amended as follows: 26.430.030. Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: ■ Dimensional requirements (Chapter 26.710 — Zone Districts) ■ Replacement of nonconforming structures (Chapter 26.312) ■ Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B) ■ Off-street parking requirements (Section 26,515.040) ■ Reductions in the dimensions of utility and delivery service area provisions (Section 26,412.060.13) ■ Subdivision standards (Section 26.480.050) ■ Accessory Dwelling Unit Design Standards (Chapter 26.520) ■ Wireless telecommunications facilities and/or equipment (Section 26.575.130) ■ Affordable housing unit standards (Section 26.470.070.4) Ordinance 13, Series of 2013 - Trash and Recycle code changes Page 15 of 18 Section 6• Section 26.430.040(E), Special Review, Review standards for special review, Utility/trash service area, of the Land Use Code, shall be amended as follows: 26.430.040. Review standards for special review. E. Utility and delivery service area provisions. Whenever a special review is conducted to determine a change in any utility and delivery service area requirements, the following criteria shall be met: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility service area and delivery area proposed will be adequate. Access to the utility and delivery service area is adequate to accommodate all necessary users. 3. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. Section 7• Section 26.430.060(C), Special Review, Application, of the Land Use Code, shall be amended as follows: 26.430.060(C) Application. C. An analysis of the characteristics of similarly situated properties in the same Zone District and of neighboring parcels with respect to whether these properties comply with the dimensional, off- street parking or utility and delivery service area requirement which is subject to special review. Section 8• Section 26.430,080, Special Review, Modification of requirements, of the Land Use Code, shall be amended as follows: 26.430.080. Modification of requirements. If the dimensional requirements, off-street parking, signage or reduction in access to utility or delivery service areas for a proposed development are expressly modified by a valid conditional use or other valid development permit or approval, the proposed development must comply with such modified requirements. Section 9• Section 26.430.090(A), Special Review, Amendment of development order, Insubstantial amendment, of the. Land Use Code, shall be amended as follows: 26.430.090(A) Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for special review may be authorized by the Community Development Department Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall include a change to the design of approved Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 16 of 18 C� • off-street parking or to the configuration of a utility or delivery service area. An insubstantial amendment shall not include: 1. Any increase in a dimensional requirement established by special review. 2. Any decrease in the number of off-street parking spaces established by special review. 3. Any decrease in the size of a utility or delivery service area established by special review. Section 10: Section 26.575.060, Miscellaneous Supplemental Regulations, Utility/trash/recycle service areas, of the Land Use Code, shall be deleted in its entirety. Section 11: Section 26.575.180, Miscellaneous Supplemental Regulations, Required Delivery Area and Vestibules for Commercial Buildings, of the Land Use Code, shall be deleted in its entirety. Section 12: Effect Upon Existing Litigation. 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 13: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 14: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 15: A public hearing on this ordinance shall be held on the 22nd day of April, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8`h day of April, 2013. Attest: Kathryn S. ch, City Clerk Michael C. Ir and, ayor Ordinance 13, Series of 2013 - Trash and Recycle code changes Page 17 of 18 • • FINALLY, adopted, passed and approved this 22"d day of April, 2013. Attest: Kathryn S. ch, City Clerk Approved as to form: City Attorney Michael C. Ireland, Mayor , 010 Ordinance 13, Series of 2013 — Trash and Recycle code changes Page 18 of 18 9 MEMORANDUM TO: Mayor and City Council FROM: Ashley Perl, Senior Environmental Health Specialist Jessica Garrow, Long Range Planner THRU: CJ Oliver, Environmental Health Director Chris Bendon, Community Development Director RE: Code Amendments: Trash, Utility, Recycle Areas Ordinance 13, Series of 2013, Public Hearing MEETING DATE: April 22, 2013 SUMMARY: The attached Ordinance outlines Council policy direction for code amendments related to the trash, utility, and recycle area provisions in the Land Use Code and Chapter 12 of the municipal code. The objective of the proposed code amendment is to better coordinate the trash and recycling requirements in the Land Use Code (Title 26 of the Municipal Code) with known best practices and requirements in the Solid Waste Code (Title 12 of the Municipal Code). STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the public hearing and second reading of proposed code amendments to update the trash, utility, and recycling area provisions of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. QUESTIONS FROM FIRST READING: 1. City Council asked staff to clarify the City's recycling goals. The City of Aspen has long focused on the importance of recycling, as evidenced by the existing Recycling Ordinance and community outreach efforts such as electronic waste recycling drop-off days. The Aspen Area Community Plan includes a number of policies focused on increasing recycling, including stating that Aspen should "maximize recycling, implement waste reduction... and encourage behavior that moves the Aspen Area toward being a zero waste community and extends the life of the landfill. " In 4.22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page I of 8 addition, City staff are currently working on the creation of a `Sustainability Dashboard' that will be presented to Council this summer, detailing a definition of sustainable Aspen in relation to waste, among other environmental topics. This work supports Council's Top Ten Goal that "City Council will review and approve a "dashboard" of metrics that define sustainable Aspen. Move forward on a broad array of environmental initiatives that moves the community towards the ideal of a sustainable Aspen (reduces resource consumption, reuses materials, consider adoption of the IGCC, etc). " City Council asked for examples of how the proposed size requirements will affect individual businesses and development proposals. This proposal is intended to create minimal financial and operational impacts to existing businesses. In fact, for existing businesses there will be no change, as they are not affected by the ordinance. If an existing business is in a building being redeveloped (and the redevelopment triggers the ordinance by demolishing more than 40% of the building), the individual business will see increased space for trash and recycling storage and increased options for waste reduction when the redevelopment is complete. If an existing business expands the total net leasable space in the building by more than 250 sq ft, then they would need to bring the trash and recycling area into compliance if it's not in compliance already. The business could request special review if they needed to vary or reduce the size requirements. The proposed code amendments could potentially create an additional design consideration for developers. However, developers can always request special review to decrease or vary the size requirements. One example of a potential project that might need to vary the requirements through special review would be a high -density lodge with a restaurant on a small lot of less than 6,000 sq ft. In all likelihood, this type of project would need to request a variation through special review under today's code as well. Staff recognizes that smaller lots can have difficulty meeting the competing needs for utilities, trash and recycling, and parking when they only have 30 to 60 feet of alley frontage. The Land Use Code and this code amendment create flexibility for developers in these situations by enabling variations based on specific site constraints. 3. Council asked for more information on how the proposed code amendments will impact businesses and developers, particularly related to cost. Existing businesses will not trigger this code language and will not see any additional costs related to trash and recycling storage or pickup. All businesses in the City of Aspen are currently required to pay for recycling pickup in the base rate of trash service, so there will not be a new cost for additional recycling services. The special review process to vary the size of a trash and recycling area exists in the Land Use Code today through a public hearing with the Planning and Zoning Commission. This code amendment makes this process easier on a business or developer by changing it to an administrative review with Environmental Health without a public 4.22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page 2 of 8 • hearing or a land use review fee, potentially saving the applicant both time and money. In addition, the code amendment outlines more options on how an applicant could meet the requirement, such as shared spaces, working with haulers, and utilizing interior spaces. New commercial and lodging developments are currently required to include exterior trash and recycling areas on site, and have been since the 1970s. The cost to those new developments will be the same that it is now; when a new building is designed, a trash and recycling area must be included in the plans. If an existing building is being remodeled and is demolishing more than 40% of the building or adding space beyond exempt limits, it is possible that building will need to bring the existing trash and recycling area up to code. However, the code amendment is designed so that there is flexibility. Applicants can go through the administrative special review process to show the requirement is being met in other ways. There are not currently any standards for trash and recycling storage for multi -family housing developments. Under the new code, these developments will need to include trash and recycling storage as a design consideration for new development. Those developments that are remodeling or demolishing more than 40% of the building may need to bring their trash and recycling areas up to code, but always have the special review process as an option to reduce the dimensions. 4. Council requested that staff address the role trash compactors will have in the proposed language. The proposed amendments do not specifically address the use of trash compactors. The ordinance allows neighboring buildings to share trash and recycling services as long as an agreement exists between the two parties and is on -file with the City. The proposed requirements allow for each building to have adequate space to store trash and recycling containers, avoiding the need for shared space. Because shared trash compactors have been known to cause numerous issues in the downtown area of Aspen, the proposed language is designed to encourage businesses and residents to take responsibility for the waste generated onsite instead of relying on shared spaces for disposal of waste. 5. Council asked for more information regarding the comments staff received during public outreach. Staff received a number of comments from the development community about the changes in this code amendment. Understandably, there was concern that this code amendment would create additional burdens on development and could create site constraints. There are only four (4) scenarios that trigger a requirement that is different than exists today. • Creating a new multi -family residential building, • Creating more than 5 residential units in a mixed -use building, • Adding a restaurant space as part of new commercial development or redevelopment, and 4.22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page 3 of 8 f� • Creating a lodge of more than 60 rooms with a restaurant. Most development and redevelopment in Aspen does not fall into these categories and will be subject to the same rules that are in effect today. This code amendment also exempts certain development that is not explicitly exempt today, including minor additions of commercial space (250 sq $ or less) and lodge rooms (1 or 2). Staff believes this code amendment creates a balance between enabling design flexibility and ensuring that new spaces have adequate trash and recycling areas. In addition, the public comments from actual building users were overwhelmingly positive because the changes will ensure they have adequate and operational trash and recycling spaces. BACKGROUND & OVERVIEW: This code amendment is twofold — it includes the reauthorization of the Recycle Ordinance and an update to the trash and recycling requirements outlined in the land use code. The Recycling Ordinance sunsets in July, and must be readopted by City Council if it is to remain in effect. Environmental Health and Community Development staff began working together a few months ago to coordinate the re -adoption of the Recycling Ordinance with minor amendments to the trash and recycling requirements. The main change is moving the size and location requirements from the Land Use Code to the Solid Waste Code. Each portion of the code amendment is discussed in more detail below. RECYCLING ORDINANCE REAUTHORIZATION: The Waste Reduction Ordinance was first enacted in 2005 and has since undergone one (1) major revision at the time of the 2008 sunset discussion and minor changes since then. The Ordinance has not only led to increased recycling from Aspen's residents and businesses, but has also served as a model ordinance for other cities and towns across the United States. Because the Waste Reduction Ordinance requires that haulers include the cost of recycling in the base rate for trash, all residents and businesses in the City of Aspen have access to recycling, eliminating a barrier to reducing waste. Since the adoption of the Waste Reduction Ordinance, the City of Aspen recycling rate has increased from a low 14% to 32%. The Waste Reduction Ordinance goes a long way toward forwarding Council's goals of creating a sustainable Aspen. Staff recommends the Waste Reduction Ordinance be reauthorized with small proposed changes listed below. - Improve the audit card procedure so that customers are notified if recycling is thrown away due to contamination. - Require bins be clearly marked to show what type of waste belongs in each bin - Require more documentation with bi-annual reports from waste haulers to increase confidence in reported numbers and data TRASH AND RECYCLING SERVICE AREA CHANGES: The Land Use Code includes requirements related to trash, utility, and recycling areas for all commercial and lodging development. The code currently requires "A minimum of twenty (20) linear feet of the utilityltrashlrecycle service area shall be reserved for box storage, utility 4.22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page 4 of 8 transformers or equipment, building access and trash and recycling facilities.... The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. " Properties without an alley are currently not required to provide an area for trash and recycling. The Environmental Health Department reviews all land use applications for compliance with the trash and recycling standards outlined in the Land Use Code. Staff believes moving these requirements into the Solid Waste Code will enable a more efficient review of applications, and will ensure that the requirements are up to date with the latest best practices. Community Development staff are not the experts in this area, and staff believes the requirements are better placed with the Environmental Health Department's code. The language from Chapter 26 remains similar with the addition of space requirements for multi- family projects. No change in the size requirement is proposed for commercial properties unless the commercial property or lodge is adding a commercial kitchen, as current waste generation rates show that properties with restaurants produce significantly more waste than those without a restaurant. Staff is proposing that all commercial and lodging properties, even if they do not have alley access, provide an area on the site or in the building for trash and recycling storage. Aside from those changes, the requirements for commercial and lodging properties will be similar to those that currently exist. In addition, staff proposes adding space requirements for multi -family housing complexes to allow for adequate trash and recycling storage. This requirement does not currently exist in the Land Use Code. The Environmental Health Department regularly receives requests from tenants of multi -family buildings for more recycling options. The most common reason why these tenants are not able to recycle is because there is not enough space for recycling storage at the multi -family complex and recycling is not offered to tenants. The proposed changes require multi -family projects to provide space for trash and recycling dependent on how many units are in the project. Storage space at single family homes and duplexes is not currently addressed in the code and staff is not proposing adding any requirements for that particular sector of buildings. In all cases, a property owner would be required to comply with the trash and recycling requirements only if they are proposing a new development, or they trigger demolition of the existing structure. A detailed explanation of the reasoning behind the proposed size changes is attached as Exhibit E. Currently most redevelopment applications use the size requirements in the Land Use Code to meet the trash and recycling needs of the building and accommodate the utility box needs in a different area. Staff proposes updating the utility standards to recognize the current practice by adding a requirement for utility areas. The table on the following page outlines the size requirements for Residential, Commercial, and Lodging uses. 4.22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page 5 of 8 0 • Exempt Same Requirements as New Requirement today (200 sq ft) Single Family / Duplex Multi -family Project with 10 Development or fewer units = 120 sq ft Multi -family Project with 11 1 new residential unit (free- to 29 units = 120 sq ft plus market or affordable) 1.5 sq ft for each dwelling Residential N/A unit over 10 Multi -family Project with 30 Does not trigger demolition or more units = 150 sq ft, (destruction of 40% or more plus 150 sq ft for each of structure) increment of 30 units over 60 250 sq ft or less of new Any new commercial space commercial space anticipated to be used as a restaurant = 300 sq ft Any new commercial Change in use between Commercial commercial categories (i.e. space not anticipated to Any mixed -use building with office to retail) be used as a restaurant more than 5 dwelling units = Does not trigger demolition an additional 1.5 sq ft per (destruction of 40% or more unit of structure) Any lodge that does not Any lodge with 60 or more 2 or fewer new lodge units have a Retail Food Service rooms that will also have a Retail Food Service License = License 400 sq ft Lodging Does not trigger demolition Any lodge with 60 or Any mixed -use building with (destruction of 40% or more fewer rooms that will more than 5 dwelling units = of structure) have a Retail Food Service an additional 1.5 sq ft per License unit Commercial Design Considerations: Currently, the design of trash and recycling areas are addressed in the Commercial Design Standards. The standards include requirements for areas to be accessed off an alley where one exists, and screening of the area. These design standards remain important to ensure the trash and recycling areas are designed in a manner consistent with the entire building. Staff is deleting the general trash/recycling code section and moving all of the design related criteria into the Commercial Design Standards. In addition, the Commercial Design Standards are updated to reflect the fact that size requirements are outlined in the Solid 4.22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page 6 of 8 Waste Code and that the process to vary those requirements is in that code, rather than the Land Use Code. UTILITY AND DELIVERY SERVICE AREA CHANGES: As part of these code changes, staff proposes updating the utility standards. Community Development staff has worked with staff from the Utilities Department to ensure all the proposed changes are coordinated with their standards. The Utilities Department uses Electric Distribution Standards and the National Electric Code to determine the size and services required for all new projects. Staff has incorporated references to these sections in the Commercial Design Standards. The ability to vary those requirements remains through Special Review with the Planning and Zoning Commission. Delivery service area requirements are not changed in this code amendment. No size requirements are in place, but an applicant must prove that deliveries can be accommodated based on the proposed uses in the building. The ability to vary the delivery area remains through Special Review with the Planning and Zoning Commission. PUBLIC OUTREACH: Community Development and Environmental Health staff conducted outreach with private planners and architects to get their feedback on moving the trash and recycling requirements into the Solid Waste Code and changing the size requirements for lodge projects and multi -family residential projects. Overall, the group was comfortable moving the requirements into the Solid Waste Code. There were a number of comments and concerns regarding the changed size requirements. Some felt that having any size requirements, despite their existence today, would not be conducive to a successful design process. While staff understands this point of view, eliminating standards creates a more confusing and unpredictable process for both applicants and staff. Without a minimum standard, there is no benchmark to review an application by, creating a potentially unfair and burdensome review process. One of the City's Top Ten goals this year is to simplify the many -step process for applicants, and eliminating requirements is contradictory to that goal. Others felt that the size requirements should not be expanded from the existing 20 ft by 10 ft requirement because it could create more constraints on the lot. As mentioned in the staff response to Question 5 from First Reading, this code amendment establishes a special review system to allow variations to the size requirements to accommodate creative solutions on a case -by -case basis. One specific concern expressed by a number of planners was the impact the increased size requirements could have on lodge development. They expressed concern that the city is trying to incentivize lodge development, but that increasing the trash and recycling size requirements could hamper those efforts. The code amendment is written to maintain the same size requirement that exists today for any lodge that does not have a Retail Food Service License regardless of the number of lodge rooms. The only lodges with an increased requirement (of 400 sq ft as opposed to the current 200 sq ft), are those lodges with more than 60 rooms that will also contain a Retail Food Service License. Staff believes this distinction created the fairest system, while striking a balance between different community values. 4,22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page 7 of 8 In addition, Environmental Health staff conducted outreach with property managers related to the multi -family requirements. Responses to the proposed language were positive and property managers felt that current trash enclosures are too small, leading to wildlife and contamination issues. They also highlighted the fact that visitors to Aspen expect to have recycling containers available and are disappointed when they don't exist due to lack of space. ENVIRONMENTAL IMPACTS: The proposed code amendment will have a number of important environmental impacts. It is focused on making recycling easier for residents and tenants. It may also have the added benefit of extending the life of the landfill by making recycling easier, thus diverting those items from the landfill, which is a goal of the AACP. Finally, this code amendment supports the AACP's Environmental Stewardship Policy IV.1, which states, "Maximize recycling, implement waste reduction and environmentally responsible purchasing programs, and encourage behavior that moves the Aspen Area toward being a zero waste community and extends the life of the landfill." FINANCIAL IMPACTS: No financial impacts are anticipated A ith this code change. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinances. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 13, Series of 2013, approving code amendments related to the trash, utility, and recycling provisions in the Land Use Code and Solid Waste Code." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed Land Use Code Amendment Language Exhibit C — Proposed Solid Waste Code Amendment Language Exhibit D — Approved Policy Resolution 26, Series 2013 Exhibit E — Reasoning for specific space requirements 4.22.2013 — Public Hearing Trash, Utility, Recycling Area Code Amendment Page 8 of 8 ORDINANCE No. 13 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE AND WASTE REDUCTION CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 12.06.010, 020, 030, 050, 060, AND 080 — WASTE REDUCTION AND RECYCLING; 12.010 — SPACE ALLOTMENT FOR TRASH AND REYCLCING STORAGE; 26.100.104 - DEFINITIONS; 26.412.060(B) — COMMERCIAL DESIGN REVIEW, COMMERCIAL DESIGN STANDARDS, UTILITY, DELIVERY, AND TRASH SERVICE PROVISION; 26.430.030, 040(E), 060(C), 080, AND 090(A) - SPECIAL REVIEW; 26.575.060 — UTILITY/TRASH/RECYCLE SERVICE AREAS; AND 25.575.180 — REQUIRED DELIVERY AREA AND VESTIBULES FOR COMMERCIAL BUILDINGS. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the space requirements for trash, recycling and utility equipment storage; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development Department; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach to gain feedback from the community on potential code changes to the trash and recycling storage requirements; and, WHEREAS, during a duly noticed public hearing on March 18, 2013, the City Council approved a Policy Resolution, Resolution 26, Series of 2013, directing staff to process code amendments related to trash, utility and recycling area sections of the land use code, by a four - zero (4 - 0) vote; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and WHEREAS, the Environmental Health Director has recommended approval of the proposed amendments to further the City's goal of recycling and waste reduction; and Ordinance . Series of 2013 — Trash and Recycle code changes Page 1 of 18 C� NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Sections 12.06.010, 020, 030, 050, 060, and 080 — Waste Reduction and Recycling, of the Municipal Code, shall be amended as follows: Sec. 12.06.010. Definitions. For purposes of this Chapter, the following terms shall have the meanings ascribed to them: Ashes. The term ashes shall mean the solid residue left when material is burned. Audit Card shall mean a card that waste Haulers give to customers who have included banned Yard Waste in their garbage or who have failed to properly sort their Recyclable Materials. Commercial Customer shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. Compostable material or compostables shall mean any organic material that will naturally degrade and that has been designated as compostable by City Manager regulation in the "Compostable Materials List" which may include, but is not limited to, 1) Animal or vegetable based food scraps resulting from the preparation, cooking and serving of food; 2 Organic materials, including paper products and products designed to completely break down in a commercial composting facility; 3) Organic material that has been completely segregated from trash by the generator for the purpose of being composted or otherwise processed through natural degradation into soil amendment, fertilizer or mulch. Garbage The term garbage shall mean all wastes from the preparation and consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. The term garbage shall include compostable material and compostables. Hauler means any person in the business of collecting, transporting or disposing of garbage or trash for another, for a fee, in the City. Multi -Family Customer means the occupants, taken together, of a residential building or set of residential buildings that use a collective, common system for the collection of garbage generated by the occupants. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 2 of 18 Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may include, but are not limited to, newspaper, magazines, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Residential Customer means every occupant of a residential building or set of residential buildings who receives periodic garbage collection service, and who does not use a collective, common system for the collection of garbage generated by the occupants. Trash. The term trash shall mean all substances, which are neither ashes nor garbage, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops, stores or other places of business. Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26, 2005, §1) Sec. 12.06.020. Exemptions. The following persons are exempt from the provisions of this Chapter: (A) Any person or agent thereof who transports to the landfill only the garbage that person generates. (B) Any person who transports only liquid wastes (such as restaurant grease), discarded or abandoned vehicles or parts thereof, discarded home or industrial appliances, household hazardous wastes or hazardous materials as defined in the rules and regulations adopted by the United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq. Sec. 12.06.030. Hauler requirements. (A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a business license from the City. In order to receive a City business license, a solid waste Hauler must comply with the requirements of this Chapter. (B) Haulers providing trash service in the City shall include in the base rate for trash pickup service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable Materials List. (i) For residential customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum cans and newspapers. (ii) For commercial and multi -family customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum, newspapers, cardboard and office paper. (C) It shall be unlawful for Haulers to provide a separate line item for the cost of recycling services on any invoice, contract, or other document that is delivered to the customer, or to deduct any amount from a customer's rate if the recycling services are not used. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 3 of 18 (D) The collection of recyclable materials for residential customers shall be provided on the same day and upon the same frequency as trash pickup. (E) Haulers shall provide collection of recyclable materials for multi -family and commercial customers as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the recycling containers without causing an overflow. (F) Any person licensed to operate as a solid waste Hauler within the City shall charge all Residential Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the container used by the customer. All charges shall be based upon units of volume no greater than thirty-two (32) gallons. The charge for the second unit shall be no less than the charge for the first unit of volume. The charge for each subsequent unit of volume shall be no less than the charge for the first unit of volume. (G) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's requested container size or level of service. (H) Each Hauler shall submit a bi-annual report to the city manager of the weight in tons of garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to 12.06.040) _Compostables and Yard Waste materials collected within the limits of the City. For loads that contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from outside the limits of the City, the reported quantity may be estimated by the Hauler but must use the standardized formula provided by the City of Aspen which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. Bi-annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the Environmental Health Director. Included in this form shall be a standardized formula for volume estimations, a description of the approved data collection methods and a section for the hauler to describe any assumptions used in the data collection process. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. Haulers shall include the following with the bi-annual report when submitted: - One (1) example of the base rate monthly charge for an average residential customer and one (1) example of the base rate cost for a commercial customer that would be considered an average customer with no special considerations. - Schedule of pick up for customers located within the City of Aspen. This requirement may be met by providing route sheets detailing the different daily hauling routes within City limits. (1) Nothing in this Section shall be construed as prohibiting any Hauler from providing separate pricing for special collection of bulky items, Compostables, Yard Waste, contaminated recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was subscribed with a Hauler for trash. (J) Except for materials that customers have not properly prepared for recycling and so are grossly contaminated (fifteen percent [ 15%] or more of trash), Haulers may not dispose of Recyclable Ordinance _, Series of 2013 — Trash and Recycle code changes Page 4 of 18 Materials set out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise prepares Recyclable Materials for sale. (i) Haulers must notify customers of any grossly contaminated Recyclable Material with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. (ii) Haulers must notify the Environmental Health Department via email or phone if grossly contaminated Recyclable Materials are deposited into the trash instead of properly recycled, due to contamination, at the same address more than once in the period of one (1) month. (K) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably acceptable by the City of Aspen: (i) Upon the initial provision of solid waste collection services to new customers, (ii) Ninety days prior to any deadline such as the date for existing customers to notify the hauler if they wish to opt out, and (iii) On or before December 31 of each year for existing customers Haulers will also provide within the above reference letter information on the materials designated for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b). Such notice shall further include for Residential Customers the notification of the variable rate system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure that customers are fully informed of the availability of recycling and level of service options. For group accounts, the notices required herein may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual customers or users of the service within the group of the availability of recycling services. On or before January 31 of each year, the Hauler shall deliver to the Environmental Health Director a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi -family or Commercial, on or before December 31 of the previous year. (L) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall notify customers of the ban with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. (Ord. No. 26, 2005, §1) (M) A hauler that exclusively hauls compostable material, no trash or recycling, that has been prepared by the generator for the purpose of separate collection and that is collected in a separate vehicle or compartment of a vehicle than that used for trash collection, is exempt from the above provisions of Section 12.06.030, except that all compost haulers shall comply with subsections (A), (G) and (H) of this Section 12.06.030. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 5 of 18 • Sec. 12.06.040. Designation of Recyclable Materials, Banned Yard Waste Materials and Compostable Materials List. (A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's "Recyclable Materials List," which shall be prepared and amended from time to time by the City Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (B) The Yard Waste material that is required to be separated from trash shall be set forth in the City's "Banned Yard Waste List," which shall be prepared and amended from time to time by the City Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, § 1) (C) The "Compostable Material List" shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. Sec. 12.06.050.Placement of Recyclable Materials, Compost and Yard Waste for pickup. (A) All recyclables, compostables and Yard Waste accumulated on any premises shall be placed in a container separate from trash, or in a suitable manner such as cardboard broken down and placed on a shelf. (B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design as long as they do not interfere with industry -accepted requirements for the preparation of materials for recycling that are necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005, § 1) (C) Composting containers for storing and setting out Compostable Materials may be of any color or design so long as the container complies with all other requirements of the Aspen Municipal Code, including but not limited to the provisions of Chapter 12.08, Wildlife Protection. (D) Yard Waste may be included for pick up with Compostable material in the Compostable Material bin or placed next to the Compostable Material bin in preparation for pick up by a hauler. (E) Containers provided by a waste hauler to a customer must be clearly marked to show the type of waste or recycling permitted in the bin. Sec. 12.06.060. Educational materials. (A) The Environmental Health Department shall provide an annual summary of waste and recycled material totals collected in the City, and shall report on other measures of success and aspects of this Chapter. (B) The City will provide wording for Audit Cards and letters and talking points for phone calls that the Haulers must use to notify their customers of contamination of Yard Waste in trash and Ordinance , Series ol' 2013 — Trash and Recycle code changes Page 6 of 18 contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a year to all their customers, which may be at the same time as materials sent out under Subsection 12.06.0300) above. The City will consult with the Haulers about the educational flyer prior to distributing it to the Haulers. (Ord. No. 26, 2005, § 1) Sec. 12.06.070. Audits and violations. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regular business hours in order for the City to verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, § 1) Section 2• Section 12.10 — Space Allotment for Trash and Recycling Storage, of the Municipal Code, shall be amended as follows: Chapter 12.10 Space Allotment for Trash and Recycling Storage Sec.12.10.010. Definitions The definitions and terms used in this Chapter are defined as follows: Commercial Building. Any premises utilizing trash collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. The definition of a Commercial Building shall also include mixed -use buildings where residential space exists in the same building where a commercial, industrial or institutional enterprise is carried on. Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 7 of 18 Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the purposes of this Chapter. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Chapter. Multi family Development or Project. A residential structure containing three (3) or more attached Dwelling Units in either an over -and -under or side -by -side configuration with common unpierced demising. walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. Terms not defined in this Section shall have the meaning ascribed to them as set forth in the City of Aspen Municipal Code Section 26.104.100 or in the International Green Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Otherwise the common definition applies. Sec. 12.10.020. Applicability This Chapter shall be applicable to: a) All new Commercial, Multi -family and Lodge development within the City of Aspen b) All existing Commercial, Multi -family and Lodge development that adds two (2) or more residential units, three (3) or more lodge units, or more than 250 square feet of commercial net leasable space. c) All existing Commercial, Multi -family and Lodge development that meets the definition of Demolition. Prior to issuance of a building permit applicant shall obtain approval from the Environmental Health Department pursuant to this Chapter. Sec. 12.10.030. Space required for trash and recycling storage for Commercial Buildings. All Commercial development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Commercial Buildings is defined as follows: a. For Commercial Buildings that will not contain nor will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and Ordinance _. Series of 2013 — Trash and Recycle code changes Page 8 of 18 • 0 recycling facilities. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. b. For Commercial Buildings that will contain or that will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of fifteen (15) feet at ground level. c. For Commercial Buildings that contain residential dwelling units, one and a half (1.5) square feet of space for trash and recycling storage shall be added to the minimum requirement listed in 12.10.020.0 subsections a and b for each additional dwelling unit over five (5) units. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alleyway access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D)The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.040. Space required for trash and recycling storage for Lodges All Lodge development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Lodges is defined as follows: a. Lodges with more than sixty (60) guest rooms that will possess or have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulations must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical Ordinance _, Series of 2013 — Trash and Recycle code changes Page 9 of 18 f • clearance of ten (10) feet and a minimum depth of twenty (20) feet at ground level. b. Lodges with more than sixty (60) guest rooms that will not possess nor have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulation must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. c. Lodges with sixty (60) or fewer guest rooms must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth often (10) feet at ground level. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alley access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D)The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.050. Space required for trash and recycling storage for Multi -Family Developments All Multi -Family development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A)Adequate space for Multi -Family Developments is defined as follows: a.Multi-Family Developments including ten (10) or fewer dwelling units shall provide a minimum of twelve (12) linear feet for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 10 of 18 b. Multi -Family Developments including more than ten (10) and fewer than thirty (30) dwelling units shall provide an additional one and a half (1.5) square feet for each additional dwelling unit over ten (10), in addition to the required one hundred and twenty (120) square feet described in Section 12.10.050.A subsection (a) above. c.Multi-Family Developments that include thirty (30) or more dwelling units shall provide a minimum of one hundred fifty (150 ) square feet of space for trash and recycling storage plus an additional one hundred fifty (150) square feet for every increment of thirty (30) additional units over fifty nine (59). This space may be located in a central collection area or may be divided into smaller collection areas located in different locations throughout the property. If smaller, separate collection areas are planned, no single area may measure fewer than one hundred and twenty (120) square feet. (B) The required area shall not be used for parking or as vehicular access to a parking area. (C) The area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (D) The trash and recycling areas shall be accessible to all tenants within the development in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (E) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.060. Change of Use All requests to change the designated use of a property between the development categories, as described in Section 26.470.070, are required to meet the requirements of this chapter. Sec. 12.10.070. Shared space and shared waste contracts (A) If a dumpster, trash compactor, recycling bin or storage area for trash or recycling is intended to be used by occupants or tenants of two (2) or more separate Commercial Buildings, Lodges, or Multi -Family developments a recorded agreement burdening both properties must be submitted as an attachment to the permit. This agreement must show that both properties will have adequate storage space for trash and recycling and these designated storage areas must comply with the standards set forth in this Chapter. (B) If shared space is part of the permit approval the applicant must indicate how the requirements from the Chapter will be met if the agreement between parties or properties becomes null and void or is otherwise terminated. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 11 of 18 Sec. 11.10.080. Special Review (A)The City of Aspen Environmental Health Department may reduce the required dimensions of the trash and recycling area or may approve a trash and recycling area with a different configuration by Special Review and in accordance with the standards set forth below in Subsection 12.10.080.0 (B) An applicant may request an exemption from some or all of the provisions of this Chapter by applying for Special Review from the Environmental Health Department. (C) Applicants are eligible for Special Review consideration if: a. The property does not adjoin an alleyway b. The applicant wishes to separate the trash and recycling areas c. The applicant is proposing a reduced size for the trash and recycling area d. The applicant feels the requirements of this Chapter cannot be met given the nature of the property. (D)Applicants requiring or requesting Special Review shall submit a written explanation of the reasoning behind applying for Special Review. The applicant must show how trash and recycling will be properly disposed of and stored. (E) The Environmental Health Department may reduce the required dimensions of a trash and recycling service area if- (i) There is demonstration that, given the nature of the potential uses of the building and its total square footage, the trash and recycling area proposed will be adequate; a. For the purposes of approvals, adequate will be defined as follows: i. For a Commercial, Lodge or Multi -Family building the space must accommodate and provide access to the following types of bins, at the minimum: One (1) garbage collection bin One (1) comingled container recycling collection bin One (1) office paper recycling collection bin One (1) newspaper/magazine recycling collection bin One (1) cardboard recycling collection . bin or collection area where boxes can be stacked and contained in an enclosed space; and ii. Access by both the tenants and the waste hauling companies to the trash and recycling service area is adequate; and Ordinance _, Series of 2013 — Trash and Recycle code changes Page 12 of 18 iii. Measures are provided for locating and enclosing trash bins and making them easily movable by trash personnel; and iv. The proposed area meets the requirements to the greatest extent practicable given physical constraints of the property or existing improvements. (F) The Environmental Health Department shall consider the Special Review within thirty (30) days of the date of permit submittal. The Environmental Health Department shall issue a written decision to the applicant. Sec. 12.10.090. Appeal Procedures (A) An applicant may appeal the decision of the Environmental Health Department by filing a notice of appeal on a form prescribed by the Administrative Hearing Officer as defined in and pursuant to Chapter 26.222 of the City of Aspen Municipal Code. The notice of appeal shall be filed with the Administrative Hearing Officer within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Chapter to appeal any decision or determination. (B) The Administrative Hearing Officer authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. (C) Unless otherwise specifically stated in this Chapter, the Administrative Hearing Officer authorized to hear the appeal shall decide the appeal based solely upon the written decision and record established by the Environmental Health Department. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. (D)The Administrative Hearing Officer may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the Environmental Health Department, including the power to impose reasonable conditions to be complied with by the appellant. The Administrative Hearing Officer may also elect to remand an appeal to the Environmental Health Department for further proceedings consistent with that body's jurisdiction and directions given, if any, by the Administrative Hearing Officer. The decision shall be approved by written resolution. All appeals shall be public meetings. The Administrative Hearing Officer's decision shall be submitted to both the Environmental Health Department and the applicant in writing. Section 3• Section 26.104.100, Definitions, Utility/trash service area, of the Land Use Code, shall be amended as follows: Ordinance _. Series of 2013 — Trash and Recycle code changes Page 13 of 18 s • Utility/trash service area. An area approved or designated for the placement of garbage or trash containers or mechanical equipment, accessory to a principal structure or use. Section 4• Section 26.412.060(B), Commercial Design Review, Commercial Design Standards, Utility, deliver and trash service provision, of the Land Use Code, shall be amended as follows: B. Utility, delivery, trash and recycle service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A trash and recycle service area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said Chapter. 2. A utility area shall be accommodated on all projects and shall meet the minimum standards established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Codes. 3. All utility, trash and recycle service areas shall be co -located and combined to the greatest extent practical. 4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. 5. All utility, trash and recycle service areas shall be fenced so as not to be visible from the street, unless they are entirely located on an alleyway or otherwise approved though Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. All fences shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430, Special Review. 6. Whenever utility, trash, and recycle service areas are required be provided abutting an alley, other portions of a building may extend to the rear property line if otherwise allowed by this Title, provided that the utility, trash and recycle area is located at grade and accessible to the alley. 7. All utility service pedestals shall be located on private property. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 14 of 18 8. All commercial and lodging buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non -ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights -of -way) may not be utilized as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 9. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet the requirements of the International Energy Conservation Code as adopted and amended by the City of Aspen, or an air curtain. 10. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 11. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of- way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. 12. The trash and recycling service area requirements may be varied pursuant to Title 12, Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied by special review (see Chapter 26.430.040.E, Utility and delivery service area provisions). Section 5• Section 26.430.030, Special Review, Applicability, of the Land Use Code, shall be amended as follows: 26.430.030. Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: ■ Dimensional requirements (Chapter 26.710 — Zone Districts) ■ Replacement of nonconforming structures (Chapter 26.312) ■ Reduction of open space requirements in CC Zone District (Subsection 26.575.030.13) ■ Off-street parking requirements (Section 26.515.040) ■ Reductions in the dimensions of utility and delivery service area provisions (Section 26.412.060.B) ■ Subdivision standards (Section 26.480.050) ■ Accessory Dwelling Unit Design Standards (Chapter 26.520) ■ Wireless telecommunications facilities and/or equipment (Section 26.575.130) ■ Affordable housing unit standards (Section 26.470.070.4) Ordinance___, Series of 2013 —Trash and Recycle code changes Page 15 of 18 • Section 6• Section 26.430.040(E), Special Review, Review standards for special review, Utility/trash service area, of the Land Use Code, shall be amended as follows: 26.430.040. Review standards for special review. E. Utility and delivery service area provisions. Whenever a special review is conducted to determine a change in any utility and delivery service area requirements, the following criteria shall be met: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility service area and delivery area proposed will be adequate. 2. Access to the utility and delivery service area is adequate to accommodate all necessary users. 3. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. Section 7• Section 26.430.060(C), Special Review, Application, of the Land Use Code, shall be amended as follows: 26.430.060(C) Application. C. An analysis of the characteristics of similarly situated properties in the same Zone District and of neighboring parcels with respect to whether these properties comply with the dimensional, off- street parking or utility and delivery service area requirement which is subject to special review. Section 8• Section 26.430.080, Special Review, Modification of requirements, of the Land Use Code, shall be amended as follows: 26.430.080. Modification of requirements. If the dimensional requirements, off-street parking, signage or reduction in access to utility or delivery service areas for a proposed development are expressly modified by a valid conditional use or other valid development permit or approval, the proposed development must comply with such modified requirements. Section 9• Section 26.430.090(A), Special Review, Amendment of development order, Insubstantial amendment, of the Land Use Code, shall be amended as follows: 26.430.090(A) Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for special review may be authorized by the Community Development Department Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall include a change to the design of approved Ordinance _, Series of 2013 — Trash and Recycle code changes Page 16 of 18 • • off-street parking or to the configuration of a utility or delivery service area. An insubstantial amendment shall not include: 1. Any increase in a dimensional requirement established by special review. 2. Any decrease in the number of off-street parking spaces established by special review. 3. Any decrease in the size of a utility or delivery service area established by special review. Section 10: Section 26.575.060, Miscellaneous Supplemental Regulations, Utility/trash/recycle service areas, of the Land Use Code, shall be deleted in its entirety. Section 11: Section 26.575.180, Miscellaneous Supplemental Regulations, Required Delivery Area and Vestibules for Commercial Buildings, of the Land Use Code, shall be deleted in its entirety. Section 12: Effect Upon Existing Litigation. 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 13: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 14: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 15: A public hearing on this ordinance shall be held on the 22nd day of April, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8t' day of April, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _day of , 2013. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 17 of 18 1J • Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance _, Series of 2013 — Trash and Recycle code changes Page 18 of 18 • • Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed code amendment is consistent with the Land Use Code. It moves code provisions between sections in the Land Use Code, and moves some requirements to the Solid Waste Code. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: Earlier this year, City Council identified a number of goals, including one related to implementing programs that support a sustainable Aspen. This code amendment will ensure that all commercial, lodging, and multi -family buildings have adequate trash and recycling spaces, which will make it easier for tenants to recycle. This will also support the AACP goal of extending the life of the landfill by making recycling easier, thus diverting those items from the landfill. Finally, this code amendment supports the AACP's Environmental Stewardship Policy IVA, which states, "Maximize recycling, implement waste reduction and environmentally responsible purchasing programs, and encourage behavior that moves the Aspen Area toward being a zero waste community and extends the life of the landfill." Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and fair review of land use applications. Staff finds this criterion to be met. Exhibit A Page 1 of 1 • 0 Exhibit B — Proposed Land Use Code Changes 26.104.100. Definitions. As used in this Code, unless the context otherwise requires, the following ternis shall be defined as follows: Utility/trash service area. An area approved or designated for the placement of garbage or trash containers or mechanical equipment, accessory to a principal structure or use. (See Chapter 26.412: COMMERCIAL DESIGN REVIEW Sections: Sec. 26.412.060 Commercial design standards 26.412.060. Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed -use development: A. Public amenity space. Creative, well -designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights -of -way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on -site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at -grade relationships with adjacent rights -of -way are encouraged. 3. The public amenity and the design and operating characteristics of adjacent structures, rights -of -way and uses contribute to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 1 of 6 - B. Utility, delivery, md-trash and recycle service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A-utifify; trash and recycle service area shall be accommodated along the alley w&v4ngon all projects and shall meet the minimum size and location standards established by ,Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said SeetiertChapter. 2. A utility area shall be accommodated on all projects and shall meet the minimum standards established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Codes. 3. All utility, trash and recycle service areas shall be co -located and combined to the greatest extent practical. 4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. 5. All utility, trash and recycle service areas shall be fenced so as not to be visible from the street, unless they are entirely located on an alleyway or otherwise approved though Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. All fences shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430. Special Review. 6. Whenever utility, trash, and recycle service areas are required be provided abutting an alley, other portions of a building may extend to the rear property line if otherwise allowed by this Title, provided that the utility, trash and recycle area is located at grade and accessible to the ailey. 7-2. All utility service pedestals shall be located on private property and along the ftl4ey. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. 84. DeliveFy sem,iee aFeasshall he ineerpemfed along the alley. All commercial and lodging buildin sg shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to al I tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and I l as adopted and amended by the Cityof f Aspen. All non -ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights -of -way) may not be utilized as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 9. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 2 of 6 the requirements of the International Energy Conservation Code as adopted and amended by the City of Aspen, or an air curtain. 104. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 1 13. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. 12. The trash and recycling service area requirements may be varied pursuant to Title 12, Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied by special review (see Chapter 26.430.040.E. Utility and delirery service area provisions). Chapter 26.430: SPECIAL REVIEW Sections: Sec.26.430.030. Applicability. Sec. 26.430.040. Review standards for special review. Sec.26.430.060. Application. Sec. 26.430.080. Modification of requirements. Sec. 26.430.090. Amendment of development order. 26.430.030. Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: ■ Reductions in the dimensions of utility4fash and delivery service areas provisions (Section 26.c�60 26.412.060.B) 26.430.040. Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. E. Utility4fas4tand delivery service area arovisions. Whenever a special review is conducted to determine a change in any utility/tfash and delivery service area requirements,-k shall be eensidered in aeeordanee with the Standards set t;gFth at c,....tion 26.575.060 the following criteria shall be met:: I. There is a demonstration that, given the nature of the potential uses of the buildingand nd its total square footage, the utility service area and delivery area proposed will be adequate. 2. Access to the utility and delivery service area is adequate to accommodate all necessary users. 3. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 26.430.060. Application. Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 3 of 6 The development application for special review shall include the following: A. The general application information required under Section 26.304.030. B. A sketch plan showing the configuration of the development on the lot and those features of the site which are relevant to the special review application. C. An analysis of the characteristics of similarly situated properties in the same Zone District and of neighboring parcels with respect to whether these properties comply with the dimensional, off-street parking or trutility and delivery service area requirement which is subject to special review. 26.430.080. Modification of requirements. If the dimensional requirements, off-street parking, signage or reduction in access to utility or deliverv4FEvsh service areas for a proposed development are expressly modified by a valid conditional use or other valid development permit or approval, the proposed development must comply with such modified requirements. 26.430.090. Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for special review may be authorized by the Community Development Department Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall include a change to the design of approved off-street parking or to the configuration of a tfe-,Wutility or delivery service area. An insubstantial amendment shall not include: 1. Any increase in a dimensional requirement established by special review. 2. Any decrease in the number of off-street parking spaces established by special review. 3. Any decrease in the size of a utility or delivery4fash-service area established by special review. B. Other amendment. Any other amendment shall be approved pursuant to the terms and procedures of this Chapter. Chapter 26.575: MISCELLANEOUS SUPPLEMENTAL REGULATIONS Comment 11.All: Section is moved to Commercial Design Review and Solid Waste Code A. General. :Re fellowing pfe%,isiens shall apply to all tifility/frashlreeYel -it alleyway, all and saeh fenees shell he six (6) feet high ffom grade. A-llfeeees shall be of sound Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 4 of 6 2. Whenever this T-ifle she!! Fequife that a utihPy,,4r-asWr-eeye1e seniee area be pr%,i abutting an alley, buildings may exiend to the r-ear pf:epef4y line if ethefwise allowed by thiq Title, provided thai an open area is pfe%,ided whieh shall be aeeesgible to !he afle), Comment jjmg2j: Moved to CDS portion of -1. A FAinimum of twenty (20) linear feet ef the utility4asit'Feeyele seniee area shall be our code P-'e-AF-Anee of teft (10) feet and a miHimum depth of ten (10) fee! at gmund level. The required area sihall net be used fef required parking of as :vehieulaf aeeess to -a parking aFea. For prepefties with fie alley oeeess, a utilky,lwasWr-eeyele seniee area shall be aeeemmodated en the site or in the building meeting the FeqUiFements of the latematiatiai Building Code Ghapier-s 10 and 11, and Tide 12 of the Muflieipal Code, as adopted md afnettded by the City of Aspen. Comment jjmg3j: Moved to EH Code 4. The Planning and Zoning Commission may-redare the required diffiefisionsof this area below at Subseetion 26.575.0604. 5. Tr -ash and rwyeling aFeas shall be aeeessible to all tenants within the buildifig ift a Fnanner that meets the requir-ements of the interHational Building Code Chapiers 10 8RE-1 11 aq adopted and amefided by the City efAspen. Alleyways (vehieulaf rights of way) may not be utilized as pathways (pedesoian rights of way) to Fneet the Fequiretnents e the hifernational Building Code. f Comment Umgdj: Moved to EH Code Comment jjmg5j: Incorporated into Special at c t r uses o f the r •r.r:. g alla its Review for Utility and Delivery Areas. All j . Theiti Is a �et#1""'.vm�m�"'''r"�rr�m� r, g+ti eH�►e�t�carirt@-P.�icrti;v,--v�c�-v,-r�,c-vvi*mrrb a,'`v,c� variations for trashlrecycling is moved to the EH Code adequate. e dewlepmefit iH the Week. S. The area for publie utility plaeemem fiHd maimenanee is adequate and qR44 for the plaeement of utilities. v. i cvc.ctvucv (n_,r No. c N 11 2007 c36t Chapter 26.575: MISCELLANEOUS SUPPLEMENTAL REGULATIONS Comment jjmg6j: Section is moved to Commercial Design Review Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 5 of 6 Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 6 of 6 • Exhibit 3: Proposed Solid Waste Code changes and additions Sec.12.06.010. Definitions. For purposes of this Chapter, the following terms shall have the meanings ascribed to them: Ashes. The term ashes shall mean the solid residue left when material is burned. Audit Card shall mean a card that waste Haulers give to customers who have included banned Yard Waste in their garbage or who have failed to properly sort their Recyclable Materials. Commercial Customer shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. Compostable material or compostables shall mean any organic material that will naturally degrade and that has been designated as compostable by City Manager regulation in the "Compostable Materials List" which may include, but is not limited to, 1) Animal or vegetable based food scraps resulting from the preparation, cooking and serving of food; 2 Organic materials, including paper products and products designed to completely break down in a commercial composting facility; 3) Organic material that has been completely segregated from trash by the generator for the purpose of being composted or otherwise processed through natural degradation into soil amendment, fertilizer or mulch. Garbage The term garbage shall mean all wastes from the preparation and consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. The term garbage shall include compostable material and compostables. Hauler means any person in the business of collecting, transporting or disposing of garbage or trash for another, for a fee, in the City. Multi -Family Customer means the occupants, taken together, of a residential building or set of residential buildings that use a collective, common system for the collection of garbage generated by the occupants. Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may include, but are not limited to, newspaper, magazines, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Residential Customer means every occupant of a residential building or set of residential buildings who receives periodic garbage collection service, and who does not use a collective, common system for the collection of garbage generated by the occupants. Trash. The term trash shall mean all substances, which are neither ashes nor garbage, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops, stores or other places of business. Exhibit C: Proposed Waste Code Changes, Redlines Page 1 of 12 Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26, 2005, § 1) See.12.06.020. Exemptions. The following persons are exempt from the provisions of this Chapter: (A) Any person or agent thereof who transports to the landfill only the garbage that person generates. (B) Any person who transports only liquid wastes (such as restaurant grease), discarded or abandoned vehicles or parts thereof, discarded home or industrial appliances, household hazardous wastes or hazardous materials as defined in the rules and regulations adopted by the United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq. ei�r,se.:�!er.�e�.f�.esr...r�nn��t�!�e�s�r.�.w�rr��re!fr�•�_..�e�.sre�nr.�:� MR Sec. 12.06.030. Hauler requirements. (A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a business license from the City. In order to receive a City business license, a solid waste Hauler must comply with the requirements of this Chapter. (B) , Haulers providing trash service in the City shall include in the base rate for trash pickup service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable Materials List. (i) For residential customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum cans and newspapers. (ii) For commercial and multi -family customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum, newspapers, cardboard and office paper. (C) It shall be unlawful for Haulers to provide a separate line item for the cost of recycling services on any invoice, contract, or other document that is delivered to the customer, or to deduct any amount from a customer's rate if the recycling services are not used unless the eustemer has r-eeeived an exemption from the (D) The collection of recyclable materials for residential customers shall be provided on the same day and upon the same frequency as trash pickup. Exhibit C: Proposed Waste Code Changes, Redlines Page 2 of 12 (E) Haulers shall provide collection of recyclable materials for multi -family and commercial customers as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the recycling containers without causing an overflow. (F) Any person licensed to operate as a solid waste Hauler within the City shall charge all Residential Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the container used by the customer. All charges shall be based upon units of volume no greater than thirty-two (32) gallons. The charge for the second unit shall be no less than the charge for the first unit of volume. The charge for each subsequent unit of volume shall be no less than the charge for the first unit of volume. (G) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's requested container size or level of service. (H) Each Hauler shall submit a bi-annual report to the city manager of the weight in tons of garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to 12.06.040), Compostables and Yard Waste materials collected within the limits of the City. For loads that contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from outside the limits of the City, the reported quantity may be estimated by the Hauler but must use the standardized formula provided by the City of Aspen which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. Bi-annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the Environmental Health Director. Included in this form shall be a standardized formula for volume estimations, a description of the approved data collection methods and a section for the hauler to describe any assumptions used in the data collection process. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. Haulers shall include the following with the bi-annual report when submitted: - One (1) example of the base rate monthly charge for an average residential customer and one (1) example of the base rate cost for a commercial customer that would be considered an average customer with no special considerations. - Schedule of pick up for customers located within the City of Aspen. This requirement may be met by providing route sheets detailing the different daily hauling routes within City limits. (I) Nothing in this Section shall be construed as prohibiting any Hauler from providing separate pricing for special collection of bulky items, Compostables, Yard Waste, contaminated recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was subscribed with a Hauler for trash. (J) Except for materials that customers have not properly prepared for recycling and so are grossly contaminated (fifteen percent [15%] or more of trash), Haulers may not dispose of Recyclable Materials set out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise prepares Recyclable Materials for sale. (i) Haulers must notify customers of any grossly contaminated Recyclable Material with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department._ , will Exhibit C: Proposed Waste Code Changes, Redlines Page 3 of 12 0 0 trash „d then a ntaet the Hattle f to a a the eelleet:en hieh the Hat le« ffl eheese to pie u uo,y ia„u ua�.0 vvuaua.a uaa, :aazu,cz , ' �;f..t the .. .,t seheduled ., e7..... and which mnetir-a el afge f xtfa t....sh p el..... , ,aa a.n, „cam«. (ii) Haulers must notify the Environmental Health Department via email or phone if grossly contaminated Recyclable Materials are deposited into the trash instead of properly recycled, due to contamination, at the same address more than once in the period of one (1) month. (K) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably acceptable by the City of Aspen: (i) Upon the initial provision of solid waste collection services to new customers, (ii) Ninety days prior to any deadline such as the date for existing customers to notify the hauler if they wish to opt out, and (iii) On or before December 31 of each year for existing customers Haulers will also provide within the above reference letter information on the materials designated for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b). Such notice shall further include for Residential Customers the notification of the variable rate system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure that customers are fully informed of the availability of recycling and level of service options. For group accounts, the notices required herein may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual customers or users of the service within the group of the availability of recycling services. On or before January 31 of each year, the Hauler shall deliver to the Environmental Health Director a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi -family or Commercial, on or before December 31 of the previous year. (L) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall notify customers of the ban with an Audit Card or Hith a phone call, email or written letter with wording provided by the Environmental Health Department. The 7 ,'.:. , . e t l rle lth nepa ftine..t enee notified by the Hauler- to appr-eve the eelleetien ef the trash, whieh the Hauler- may eheese to piek tip at the next seheduled (Ord. No. 26, 2005, §1) (M) A hauler that exclusively hauls compostable material, no trash or recycling, that has been prepared by the generator for the purpose of separate collection and that is collected in a separate vehicle or compartment of a vehicle than that used for trash collection, is exempt from the above provisions of Section 12.06.030, except that all compost haulers shall comply with subsections (A), (G) and (H) of this Section 12.06.030. Sec. 12.06.040. Designation of Recyclable Materials, Banned Yard Waste Materials and Compostable Materials List. (A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's "Recyclable Materials List," which shall be prepared and amended from time to time by the City Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating Exhibit C: Proposed Waste Code Changes, Redlines Page 4 of 12 within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (B) The Yard Waste material that is required to be separated from trash shall be set forth in the City's "Banned Yard Waste List," which shall be prepared and amended from time to time by the City Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, § 1) (C) The "Compostable Material List" shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. Sec. 12.06.050. Placement of Recyclable Materials, Compost and Yard Waste for pickup. (A) All recyclables, compostables and Yard Waste accumulated on any premises shall be placed in a container separate from gage -trash, or in a suitable manner such as cardboard broken down and placed on a shelf. (B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design as long as they do not interfere with industry -accepted requirements for the preparation of materials for recycling that are necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005, §l) (C) Composting containers for storing and setting out Compostable Materials may be of any color or design so long as the container complies with all other requirements of the Aspen Municipal Code, including but not limited to the provisions of Chapter 12.08, Wildlife Protection. (D) Yard Waste may be included for pick up with Compostable material in the Compostable Material bin or placed next to the Compostable Material bin in preparation for pick up by a hauler. (E) Containers provided by a waste hauler to a customer must be clearly marked to show the type of waste or recycling permitted in the bin. Sec. 12.06.060. Educational materials. (A) The Environmental Health Department shall provide an annual summary of waste and recycled material totals collected in the City, and shall report on other measures of success and aspects of this Chapter. C (B) The City will provide wording for Audit Cards and letters and talking points for phone calls that the Haulers must use to notify their customers of contamination of Yard Waste in trash and contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a year to all their customers, which may be at the same time as materials sent out under Subsection 12.06.0300) above. The City will consult with the Haulers about the educational flyer prior to distributing it to the Haulers. (Ord. No. 26, 2005, § 1) Sec. 12.06.070. Audits and violations. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, Exhibit C: Proposed Waste Code Changes, Redlines Page 5 of 12 • 0 accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regular business hours in order for the City to verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, § 1) (Ord. No. 26, 2005, §1; Ord. No. 17-2008). Chapter 12.10 Space Allotment for Trash and Recycling Storage Sec.12.10.010. Definitions The definitions and terms used in this Chapter are defined as follows: Commercial Building. Any premises utilizing trash collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. The definition of a Commercial Building shall also include mixed -use buildings where residential space exists in the same building where a commercial, industrial or institutional enterprise is carried on. Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the purposes of this Chapter. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Chapter. Multi family Development or Project. A residential structure containing three (3) or more attached Dwelling Units in either an over -and -under or side -by -side configuration with common unpierced Exhibit C: Proposed Waste Code Changes, Redlines Page 6 of 12 • 0 demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. Terms not defined in this Section shall have the meaning ascribed to them as set forth in the City of Aspen Municipal Code Section 26.104.100 or in the International Green Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Otherwise the common definition applies. Sec. 12.10.020 Applicability This Chapter shall be applicable to: a) All new Commercial, Multi -family and Lodge development within the City of Aspen b) All existing Commercial, Multi -family and Lodge development that adds two (2) or more residential units, three (3) or more lodge units, or more than 250 square feet of commercial net leasable space. c) All existing Commercial, Multi -family and Lodge development that meets the definition of Demolition. Prior to issuance of a building permit applicant shall obtain approval from the Environmental Health Department pursuant to this Chapter. Sec. 12.10.030. Space required for trash and recycling storage for Commercial Buildings. All Commercial development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Commercial Buildings is defined as follows: a. For Commercial Buildings that will not contain nor will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling facilities. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. b. For Commercial Buildings that will contain or that will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of fifteen (15) feet at ground level. c. For Commercial Buildings that contain residential dwelling units, one and a half (1.5) square feet of space for trash and recycling storage shall be added to the minimum requirement listed in 12.10.020.0 subsections a and b for each additional dwelling unit over five (5) units. Exhibit C: Proposed Waste Code Changes, Redlines Page 7 of 12 • 0 (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alleyway access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D) The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.040 Space required for trash and recycling storage for Lodges All Lodge development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Lodges is defined as follows: a. Lodges with more than sixty (60) guest rooms that will possess or have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulations must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of twenty (20) feet at ground level. b. Lodges with more than sixty (60) guest rooms that will not possess nor have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulation must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. c. Lodges with sixty (60) or fewer guest rooms must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alley access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D) The required area shall not be used for parking or as vehicular access to a parking area. Exhibit C: Proposed Waste Code Changes, Redlines Page 8 of 12 (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 1 l as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.050 Space required for trash and recycling storage for Multi -Family Developments All Multi -Family development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Multi -Family Developments is defined as follows: a. Multi -Family Developments including ten (10) or fewer dwelling units shall provide a minimum of twelve (12) linear feet for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. b.Multi-Family Developments including more than ten (10) and fewer than thirty (30) dwelling units shall provide an additional one and a half (1.5) square feet for each additional dwelling unit over ten (10), in addition to the required one hundred and twenty (120) square feet described in Section 12.10.050.A subsection (a) above. c. Multi -Family Developments that include thirty (30) or more dwelling units shall provide a minimum of one hundred fifty (150 ) square feet of space for trash and recycling storage plus an additional one hundred fifty (150) square feet for every increment of thirty (30) additional units over fifty nine (59). This space may be located in a central collection area or may be divided into smaller collection areas located in different locations throughout the property. If smaller, separate collection areas are planned, no single area may measure fewer than one hundred and twenty (120) square feet. (B) The required area shall not be used for parking or as vehicular access to a parking area. (C) The area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (D) The trash and recycling areas shall be accessible to all tenants within the development in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (E) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section Exhibit C: Proposed Waste Code Changes, Redlines Page 9 of 12 • 0 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. See. 12.10.060 Change of Use All requests to change the designated use of a property between the development categories, as described in Section 26.470.070, are required to meet the requirements of this chapter. Sec. 12.10.070 Shared space and shared waste contracts (A) If a dumpster, trash compactor, recycling bin or storage area for trash or recycling is intended to be used by occupants or tenants of two (2) or more separate Commercial Buildings, Lodges, or Multi -Family developments a recorded agreement burdening both properties must be submitted as an attachment to the permit. This agreement must show that both properties will have adequate storage space for trash and recycling and these designated storage areas must comply with the standards set forth in this Chapter. (B) If shared space is part of the permit approval the applicant must indicate how the requirements from the Chapter will be met if the agreement between parties or properties becomes null and void or is otherwise terminated. Sec. 12.10.080 Special Review (A) The City of Aspen Environmental Health Department may reduce the required dimensions of the trash and recycling area or may approve a trash and recycling area with a different configuration by Special Review and in accordance with the standards set forth below in Subsection 12.10.080.0 (B) An applicant may request an exemption from some or all of the provisions of this Chapter by applying for Special Review from the Environmental Health Department. (C) Applicants are eligible for Special Review consideration if: a. The property does not adjoin an alleyway b. The applicant wishes to separate the trash and recycling areas c. The applicant is proposing a reduced size for the trash and recycling area d. The applicant feels the requirements of this Chapter cannot be met given the nature of the property. (D) Applicants requiring or requesting Special Review shall submit a written explanation of the reasoning behind applying for Special Review. The applicant must show how trash and recycling will be properly disposed of and stored. (E) The Environmental Health Department may reduce the required dimensions of a trash and recycling service area if: (i) There is demonstration that, given the nature of the potential uses of the building and its total square footage, the trash and recycling area proposed will be adequate; Exhibit C: Proposed Waste Code Changes, Redlines Page 10 of 12 • • a. For the purposes of approvals, adequate will be defined as follows: i. For a Commercial, Lodge or Multi -Family building the space must accommodate and provide access to the following types of bins, at the minimum: One (1) garbage collection bin One (1) comingled container recycling collection bin One (1) office paper recycling collection bin One (1) newspaper/magazine recycling collection bin One (1) cardboard recycling collection bin or collection area where boxes can be stacked and contained in an enclosed space; and ii. Access by both the tenants and the waste hauling companies to the trash and recycling service area is adequate; and iii. Measures are provided for locating and enclosing trash bins and making them easily movable by trash personnel; and iv. The proposed area meets the requirements to the greatest extent practicable given physical constraints of the property or existing improvements. (F) The Environmental Health Department shall consider the Special Review within thirty (30) days of the date of permit submittal. The Environmental Health Department shall issue a written decision to the applicant. Sec. 12.10.090 Appeal Procedures (A) An applicant may appeal the decision of the Environmental Health Department by filing a notice of appeal on a form prescribed by the Administrative Hearing Officer as defined in and pursuant to Chapter 26.222 of the City of Aspen Municipal Code. The notice of appeal shall be filed with the Administrative Hearing Officer within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Chapter to appeal any decision or determination. (B) The Administrative Hearing Officer authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. (C) Unless otherwise specifically stated in this Chapter, the Administrative Hearing Officer authorized to hear the appeal shall decide the appeal based solely upon the written decision and record established by the Environmental Health Department. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. Exhibit C: Proposed Waste Code Changes, Redlines Page 11 of 12 • 0 (D) The Administrative Hearing Officer may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the Environmental Health Department, including the power to impose reasonable conditions to be complied with by the appellant. The Administrative Hearing Officer may also elect to remand an appeal to the Environmental Health Department for further proceedings consistent with that body's jurisdiction and directions given, if any, by the Administrative Hearing Officer. The decision shall be approved by written resolution. All appeals shall be public meetings. The Administrative Hearing Officer's decision shall be submitted to both the Environmental Health Department and the applicant in writing. Exhibit C: Proposed Waste Code Changes, Redlines Page 12 of 12 0 • RESOLUTION NO. 26, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE TRASH, UTILITY, AND RECYCLE AREA SECTIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Master Plan process; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with City Council regarding the code amendment; and, WHEREAS, the Community Development Director recommended changes to the trash, utility, and recycle area sections of the land use code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on March 18, 2013, the City Council approved Resolution No. 26, Series of 2013, by a four to zero (4 — 0) vote, requesting code amendments to the trash, utility, and recycle requirements in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective The objective of the proposed code amendments is to update the trash, utility, and recycle provisions in the Land Use Code. Section 2: This resolution 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Resolution No 26, Series 2013 — Trash/Utility/Recycle Area Code Amendment Page 1 of 2 Section 3• If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. FINALLY, adopted this 18th day of March 2013. Michael If.Ireland, Mayor ATTEST: athryn S. och, City Cler APPROVED AS TO FORM: awes R True, City Attorney Resolution No 26, Series 2013 — frash/Utility/Recycle Area Code Amendment Page 2 of 2 • Exhibit E: Explanation for specific recycling and trash storage requirements The proposed requirements for trash and recycling storage are based on existing requirements in the Land Use Code and have been expanded or changed using best practice research from other towns and cities. The proposed changes are also influenced by staff experiences and documented time spent working with Aspen's businesses and residents to overcome barriers related to waste reduction. The most common complaint received from businesses and residents is that there is not enough space at homes and commercial buildings to accommodate both recycling and trash cans, thus requiring residents and business owners to transport recycling to the Rio Grande drop-off center or to not recycle at all. With this reasoning and purpose in mind, staff recommends the following space requirements for trash and recycling storage: Commercial building with no restaurant and fewer than 5 residential units: 200 square feet - Consistent with current Land Use Code requirements Minimal space to accommodate basic recycling and trash for tenants or users Would be required to add 1.5 square feet per unit for additional residential units over 5 to allow space to collect additional residential waste including compost or more recycling. Commercial building with restaurant and fewer than 5 residential units: 300 square feet - AI lows for the addition of a food waste/compost collection bin - Allows for more comingled container collection bins to collect recycling associated with food and alcohol service common in restaurants - Would be required to add 1.5 square feet per unit for additional residential units over 5 to allow space to collect additional residential waste Lodge or Hotel without a restaurant: 200 square feet - Consistent with current Land Use Code requirements - Minimal space to accommodate basic recycling and trash for this type of use Lodge or Hotel with a restaurant and more than 60 guest rooms: 400 square feet - 20ft. x 20ft. area allows space for a trash compactor measuring 20ft. x 9ft. All existing lodges in the City of this size currently use a trash compactor. - Allows space for a trash compactor, compost bin and multiple recycling containers. - A lodge with a restaurant is the largest trash generator in the City due to the mixed nature of the use that includes office waste, guest waste, and restaurant waste. Small multi -family development (fewer than 10 units): 120 square feet - Smallest space possible to accommodate trash, recycling and compost bins for residents Exhibit E Page 1 of 2 u n u - Based on a recent project Environmental Health sponsored at a local multi -family development where a new 120 sq. ft. enclosure was built to store waste. Multi -family development with 30-60 units: 121.5 sq. ft. —148.5 sq. ft. - Requires more space for each additional unit to avoid overflowing bins or increased pick-up costs Large multi -family development with more than 60 units: 150 sq. ft. + 150 sq. ft./30 units - Instead of adding 1.5 square feet for each additional unit, staff recommends that large developments add space for each block of 30 additional units over 59. This approach guarantees that trash and recycling space increases at the same rate as waste generation. - As a development grows in size, each group of 30 units is accounted for vv ith 150 sq. ft. of storage space. - 150 square feet for 30 units allows enough room for trash, recycling and compost. In addition, it provides space for a cardboard collection bin. Exhibit E Page 2 of 2 Jss AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4V-9A J -40Z 7I Lq-Al-A (SSE Z,04E , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Z&-&JM Y L Z2 , 20 / 3 STATE OF COLORADO ) ) ss. County of Pitkin ) I, `JA!eA &7_Yiy ri, K&"�� (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 , 20_, 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) 1] 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. Si a e The f egoing "Affidavit of Notice" was acknowledged before me this Jr�day of Z(�L It- , 20%3, by �, &&I l IYAJ /Y - K/t7I � WITNESS MY HAND AND OFFICIAL SEAL My commission expires: KUW eUA Y4477 j��A_ Notary Public PUBLIC NOTICE RE: AMENDMENT TO THE CRY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. April 22, 2013, at a meet- ing n begin at ga p.m. ,store the Aspen City ATTACHMENTS AS APPLICABLE• Council, Council Chambers, City Hall, 1 s S. Gale- na St., Aspen, to consider amendments to the text , T T'p /-� of the Land Use Code related to updating trash. -�/' P V DLII.A`I'I ON utility, recycling, and delivery area requirements and moving some requirements the Solid Waste TH OF THE POSTED NOTICE (SIGN) Code. For further information,, contact Jessica Germw at the City of Aspen Community Develop- ment Department, 130 S. Galena St., Aspen. CO. (970) 429-2780, jessica.garrow®cityofaspen.com. >!/ Mkhaet Ireland• Mavw �`"' �I ' CERTICICATION OF MINERAL ESTATE OWNERS NOTICE P] in the Aspen Times on April 4, 2013 ( -ED BY C.R.S. §24-65.5-103.3 MEMORANDUM TO: Mayor and City Council FROM: Ashley Perl, Senior Environmental Health Specialist Jessica Garrow, Long Range Planner THRU: CJ Oliver, Environmental Health Director Chris Bendon, Community Development Director 667 RE: Code Amendments: Trash, Utility, Recycle Areass Ordinance _, Series of 2013, First Reading MEETING DATE: April 8, 2013 SUMMARY: The attached Ordinance outlines Council policy direction for code amendments related to the trash, utility, and recycle area provisions in the Land Use Code and Chapter 12 of the municipal code. The objective of the proposed code amendment is to better coordinate the trash and recycling requirements in the Land Use Code (Title 26 of the Municipal Code) with known best practices and requirements in the Solid Waste Code (Title 12 of the Municipal Code). STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 1 St reading of proposed code amendments to update the trash, utility, and recycling area provisions of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: This code amendment is twofold — it includes the reauthorization of the Recycle Ordinance and an update to the trash and recycling requirements outlined in the land use code. The Recycling Ordinance sunsets in July, and must be readopted by City Council if it is to remain in effect. Environmental Health and Community Development staff began working together a few months ago to coordinate the re -adoption of the Recycling Ordinance with minor amendments to the trash and recycling requirements. The main change is moving the size and location requirements from the Land Use Code to the Solid Waste Code. Each portion of the code amendment is discussed in more detail below. 4.8.2013 — First Reading Trash, Utility, Recycling Area Code Amendment Page l of 5 RECYCLING ORDINANCE REAUTHORIZATION: The Waste Reduction Ordinance was first enacted in 2005 and has since undergone one (1) major revision at the time of the 2008 sunset discussion and minor changes since then. The Ordinance has not only led to increased recycling from Aspen's residents and businesses, but has also served as a model ordinance for other cities and towns across the United States. Because the Waste Reduction Ordinance requires that haulers include the cost of recycling in the base rate for trash, all residents and businesses in the City of Aspen have access to recycling, eliminating a barrier to reducing waste. Since the adoption of the Waste Reduction Ordinance, the City of Aspen recycling rate has increased from a low 14% to 32%, with the national average at 34%. The Waste Reduction Ordinance goes a long way toward forwarding Council's goals of creating a sustainable Aspen. Staff recommends the Waste Reduction Ordinance be reauthorized with small proposed changes listed below. - Improve the audit card procedure so that customers are notified if recycling is thrown away due to contamination. - Require bins be clearly marked to show what type of waste belongs in each bin - Require more documentation with bi-annual reports from waste haulers to increase confidence in reported numbers and data TRASH AND RECYCLING SERVICE AREA CHANGES: The Land Use Code includes requirements related to trash, utility, and recycling areas for all commercial and lodging development. The code currently requires "A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. ... The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. " Properties without an alley are currently not required to provide an area for trash and recycling. The Environmental Health Department reviews all land use applications for compliance with the trash and recycling standards outlined in the Land Use Code. Staff believes moving these requirements into the Solid Waste Code will enable a more efficient review of applications, and will ensure that the requirements are up to date with the latest best practices. Community Development staff are not the experts in this area, and staff believes the requirements are better placed with the Environmental Health Department's code. The language from Chapter 26 remains similar with the addition of space requirements for multi- family projects. No change in the size requirement is proposed for commercial properties unless the commercial property or lodge is adding a kitchen, as current waste generation rates show that properties with restaurants produce significantly more waste than those without a restaurant. Staff is proposing that all commercial and lodging properties, even if they do not have alley access, provide an area on the site or in the building for trash and recycling storage. Aside from those changes, the requirements for commercial and lodging properties will be similar to those that currently exist. 4.8.2013 — First Reading Trash, Utility, Recycling Area Code Amendment Page 2 of 5 In addition, staff proposes adding space requirements for multi -family housing complexes to allow for adequate trash and recycling storage. This requirement does not currently exist in the Land Use Code. The Environmental Health Department regularly receives requests from tenants of multi -family buildings for more recycling options. The most common reason why these tenants are not able to recycle is because there is not enough space for recycling storage at the multi -family complex and recycling is not offered to tenants. The proposed changes require multi -family projects to provide space for trash and recycling dependent on how many units are in the project. Storage space at single family homes and duplexes is not currently addressed in the code and staff is not proposing adding any requirements for that particular sector of buildings. In all cases, a property owner would be required to comply with the trash and recycling requirements only if they are proposing a new development, or they trigger demolition of the existing structure. A detailed explanation of the reasoning behind the proposed size changes is attached as Exhibit E. Currently most redevelopment applications use the size requirements in the Land Use Code to meet the trash and recycling needs of the. building and accommodate the utility box needs in a different area. Staff proposes updating the utility standards to recognize the current practice by adding a requirement for utility areas. Commercial Projects: Almost all commercial and mixed -use properties would be required to provide a ,twenty (20) foot long by ten (10) foot deep and ten (10) foot tall space for trash and recycling facilities (200 square feet). This is the same requirement as exists today. The only change is if the development is proposed to include an establishment with a Retail Food Service License, or is proposed to have more than five (5) residential units. Any commercial building with a Retail Food Service License would be required to provide a twenty (20) foot long by fifteen (15) foot deep and ten (10) foot tall space for trash and recycling facilities (300 square feet). Any mixed -use building with more than five (5) dwelling units, would be required to provide an additional 1.5 sq ft of space per unit for the trash and recycle area. Lodge Projects: Staff is proposing changes to the lodge requirements that would require more space if the lodge has a Retail Food Service License. The code amendment is written to maintain the same size requirement that exists today for any lodge that does not have a Retail Food Service License, regardless of the number of lodge rooms (200 square feet). The only lodges with an increased requirement are those lodges with more than 60 rooms that will also have a Retail Food Service License (400 square feet). Multi -Family Residential Projects: Staff proposes adding space requirements for multi -family housing complexes to allow for adequate trash and recycling storage. This requirement does not currently exist in the Land Use Code. The proposed requirements would increase as density increases. A project with ten (10) or fewer dwelling units would be required to provide a twelve (12) foot long by ten (10) foot deep and ten (10) foot tall space for trash and recycling facilities (120 square feet). A project with more than ten (10) and fewer than thirty (30) dwelling units would be required to provide an additional 1.5 square feet for each additional unit. A project with thirty (30) or more dwelling units would be required to provide a trash and recycling area of 150 square feet, with an additional 150 square feet for every additional increment of 30 dwelling units over sixty (60). 4.8.2013 — First Reading Trash, Utility, Recycling Area Code Amendment Page 3 of 5 Commercial Design Considerations: Currently, the design of trash and recycling areas are addressed in the Commercial Design Standards. The standards include requirements for areas to be accessed off an alley where one exists, and screening of the area. These design standards remain important to ensure the trash and recycling areas are designed in a manner consistent with the entire building. Staff is deleting the general trash/recycling code section and moving all of the design related criteria into the Commercial Design Standards. In addition, the Commercial Design Standards are updated to reflect the fact that size requirements are outlined in the Solid Waste Code and that the process to vary those requirements is in that code, rather than the Land Use Code. UTILITY AND DELIVERY SERVICE AREA CHANGES: As part of these code changes, staff proposes updating the utility standards. Community Development staff has worked with staff from the Utilities Department to ensure all the proposed changes are coordinated with their standards. The Utilities Department uses Electric Distribution Standards and the National Electric Code to, determine the size and services required for all new projects. Staff has incorporated references to these sections in the Commercial Design Standards. The ability to vary those requirements remains through Special Review with the Planning and Zoning Commission. Delivery service area requirements are not changed in this code amendment. No size requirements are in place, but an applicant must prove that deliveries can be accommodated based on the proposed uses in the building. The ability to vary the delivery area remains through Special Review with the Planning and Zoning Commission. PUBLIC OUTREACH: Community Development and Environmental Health staff conducted some outreach with private planners and architects to get their feedback on moving the trash and recycling requirements into the Solid Waste Code and changing the size requirements for lodge projects and multi -family residential projects. Overall, the group was comfortable moving the requirements into the Solid Waste Code. There were a number of comments and concerns regarding the changed size requirements. Some felt that have any size requirements would not be conducive to a successful design process, stating that "specifying a minimum area precludes thoughtful design," and suggesting any size and location requirements be removed in an effort to encourage an applicant to design this area comprehensively so that it is effective. Others felt that the size requirements should not be expanded from the existing 20 ft by 10 ft requirement because it would create more constraints on the lot. For instance, they were concerned that increasing the size of the trash and recycling area could require the elimination of on -site parking, resulting in the need to request a cash -in -lieu payment for parking. Under the proposed language, staff believes this situation could occur if a new commercial building with a Retail Food Service License or a new lodge with more than sixty (60) rooms and a Retail Food Service License were proposed on a lot of 3,000 sq ft downtown lot. For larger lots, which are generally more typical of Aspen's redevelopment pattern, staff believes the increased size requirements could result in some additional design challenges for architects but that it does not automatically translate to the need for reduced on -site parking. A special review system was inserted to accommodate creative solutions on a case -by -case basis. 4.8.2013 — First Reading Trash, Utility, Recycling Area Code Amendment Page 4 of 5 One concern expressed by a number of planners was the impact the increased size requirements could have on lodge development. They expressed concern that the city is trying to incentivize lodge development, but that increasing the trash and recycling size requirements could hamper those efforts. The code amendment is written to maintain the same size requirement that exists today for any lodge that does not have a Retail Food Service License regardless of the number of lodge rooms. The only lodges with an increased requirement (of 400 sq ft as opposed to the current 200 sq ft), are those lodges with more than 60 rooms that will also contain a Retail Food Service License. Staff believes this distinction created the fairest system, while striking a balance between different community values. In addition, Environmental Health staff conducted outreach with property managers related to the multi -family requirements. Responses to the proposed language were positive and property managers felt that current trash enclosures are too small, leading to wildlife and contamination issues. They also highlighted the fact that visitors to Aspen expect to have recycling containers available and are disappointed when they don't exist due to lack of space. ENVIRONMENTAL IMPACTS: The proposed code amendment will have a number of important environmental impacts. It is focused on making recycling easier for residents and tenants. It may also have the added benefit of extending the life of the landfill by making recycling easier, thus diverting those items from the landfill, which is a goal of the AACP. Finally, this code amendment supports the AACP's Environmental Stewardship Policy IV.1, which states, "Maximize recycling, implement waste reduction and environmentally responsible purchasing programs, and encourage behavior that moves the Aspen Area toward being a zero waste community and extends the life of the landfill." FINANCIAL IMPACTS: No financial impacts are anticipated with this code change. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinances. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. , Series of 2013, approving code amendments related to the trash, utility, and recycling provisions in the Land Use Code and Solid Waste Code." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed Land Use Code Amendment Language Exhibit C — Proposed Solid Waste Code Amendment Language Exhibit D — Approved Policy Resolution 104, Series 2013 Exhibit E — Reasoning for specific space requirements 4.8.2013 — First Reading Trash, Utility, Recycling Area Code Amendment Page 5 of 5 ORDINANCE No. (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE AND WASTE REDUCTION CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 12.06.010, 020, 030, 050, 060, AND 080 — WASTE REDUCTION AND RECYCLING; 12.010 — SPACE ALLOTMENT FOR TRASH AND REYCLCING STORAGE; 26.100.104 - DEFINITIONS; 26.412.060(B) — COMMERCIAL DESIGN REVIEW, COMMERCIAL DESIGN STANDARDS, UTILITY, DELIVERY, AND TRASH SERVICE PROVISION; 26.430.030, 040(E), 060(C), 080, AND 090(A) - SPECIAL REVIEW; 26.575.060 — UTILITY/TRASH/RECYCLE SERVICE AREAS; AND 25.575.180 — REQUIRED DELIVERY AREA AND VESTIBULES FOR COMMERCIAL BUILDINGS. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the space requirements for trash, recycling and utility equipment storage; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development Department; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach to gain feedback from the community on potential code changes to the trash and recycling storage requirements; and, WHEREAS, during a duly noticed public hearing on March 18, 2013, the City Council approved a Policy Resolution, Resolution 26, Series of 2013, directing staff to process code amendments related to trash, utility and recycling area sections of the land use code, by a four - zero (4 - 0) vote; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and WHEREAS, the Environmental Health Director has recommended approval of the proposed amendments to further the City's goal of recycling and waste reduction; and Ordinance _, Series of 2013 — Trash and Recycle code changes Page 1 of 18 0 E, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Sections 12.06.010, 020, 030, 050, 060, and 080 — Waste Reduction and Recycling, of the Municipal Code, shall be amended as follows: Sec. 12.06.010. Definitions. For purposes of this Chapter, the following terms shall have the meanings ascribed to them: Ashes. The term ashes shall mean the solid residue left when material is burned. Audit Card shall mean a card that waste Haulers give to customers who have included banned Yard Waste in their garbage or who have failed to properly sort their Recyclable Materials. Commercial Customer shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. Compostable material or compostables shall mean any organic material that will naturally degrade and that has been designated as compostable by City Manager regulation in the "Compostable Materials List" which may include, but is not limited to, 1) Animal or vegetable based food scraps resulting from the preparation, cooking and serving of food; 2 Organic materials, including paper products and products designed to completely break down in a commercial composting facility; 3) Organic material that has been completely segregated from trash by the generator for the purpose of being composted or otherwise processed through natural degradation into soil amendment, fertilizer or mulch. Garbage The term garbage shall mean all wastes from the preparation and consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. The term garbage shall include compostable material and compostables. Hauler means any person in the business of collecting, transporting or disposing of garbage or trash for another, for a fee, in the City. Multi -Family Customer means the occupants, taken together, of a residential building or set of residential buildings that use a collective, common system for the collection of garbage generated by the occupants. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 2 of 18 Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may include, but are not limited to, newspaper, magazines, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Residential Customer means every occupant of a residential building or set of residential buildings who receives periodic garbage collection service, and who does not use a collective, common system for the collection of garbage generated by the occupants. Trash. The term trash shall mean all substances, which are neither ashes nor garbage, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops, stores or other places of business. Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26, 2005, § 1) Sec. 12.06.020. Exemptions. The following persons are exempt from the provisions of this Chapter: (A) Any person or agent thereof who transports to the landfill only the garbage that person generates. (B) Any person who transports only liquid wastes (such as restaurant grease), discarded or abandoned vehicles or parts thereof, discarded home or industrial appliances, household hazardous wastes or hazardous materials as defined in the rules and regulations adopted by the United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq. Sec. 12.06.030. Hauler requirements. (A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a business license from the City. In order to receive a City business license, a solid waste Hauler must comply with the requirements of this Chapter. (B) Haulers providing trash service in the City shall include in the base rate for trash pickup service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable Materials List. (i) For residential customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum cans and newspapers. (ii) For commercial and multi -family customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum, newspapers, cardboard and office paper. (C) It shall be unlawful for Haulers to provide a separate line item for the cost of recycling services on any invoice, contract, or other document that is delivered to the customer, or to deduct any amount from a customer's rate if the recycling services are not used. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 3 of 18 (D) The collection of recyclable materials for residential customers shall be provided on the same day and upon the same frequency as trash pickup. (E) Haulers shall provide collection of recyclable materials for multi -family and commercial customers as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the recycling containers without causing an overflow. (F) Any person licensed to operate as a solid waste Hauler within the City shall charge all Residential Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the container used by the customer. All charges shall be based upon units of volume no greater than thirty-two (32) gallons. The charge for the second unit shall be no less than the charge for the first unit of volume. The charge for each subsequent unit of volume shall be no less than the charge for the first unit of volume. (G) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's requested container size or level of service. (H) Each Hauler shall submit a bi-annual report to the city manager of the weight in tons of garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to 12.06.040) _Compostables and Yard Waste materials collected within the limits of the City. For loads that contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from outside the limits of the City, the reported quantity may be estimated by the Hauler but must use the standardized formula provided by the City of Aspen which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. Bi-annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the Environmental Health Director. Included in this form shall be a standardized formula for volume estimations, a description of the approved data collection methods and a section for the hauler to describe any assumptions used in the data collection process. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. Haulers shall include the following with the bi-annual report when submitted: - One (1) example of the base rate monthly charge for an average residential customer and one (1) example of the base rate cost for a commercial customer that would be considered an average customer with no special considerations. - Schedule of pick up for customers located within the City of Aspen. This requirement may be met by providing route sheets detailing the different daily hauling routes within City limits. (I) Nothing in this Section shall be construed as prohibiting any Hauler from providing separate pricing for special collection of bulky items, Compostables, Yard Waste, contaminated recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was subscribed with a Hauler for trash. (J) Except for materials that customers have not properly prepared for recycling and so are grossly contaminated (fifteen percent [ 15%] or more of trash), Haulers may not dispose of Recyclable Ordinance _, Series of 2013 — Trash and Recycle code changes Page 4 of 18 Materials set out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise prepares Recyclable Materials for sale. (i) Haulers must notify customers of any grossly contaminated Recyclable Material with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. (ii) Haulers must notify the Environmental Health Department via email or phone if grossly contaminated Recyclable Materials are deposited into the trash instead of properly recycled, due to contamination, at the same address more than once in the period of one (1) month. (K) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably acceptable by the City of Aspen: (i) Upon the initial provision of solid waste collection services to new customers, (ii) Ninety days prior to any deadline such as the date for existing customers to notify the hauler if they wish to opt out, and (iii) On or before December 31 of each year for existing customers Haulers will also provide within the above reference letter information on the materials designated for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b)..Such notice shall further include for Residential Customers the notification of the variable rate system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure that customers are fully informed of the availability of recycling and level of service options. For group accounts, the notices required herein may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual customers or users of the service within the group of the availability of recycling services. On or before January 31 of each year, the Hauler shall deliver to the Environmental Health Director a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi -family or Commercial, on or before December 31 of the previous year. (L) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall notify customers of the ban with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. (Ord. No. 26, 2005, § 1) (M) A hauler that exclusively hauls compostable material, no trash or recycling, that has been prepared by the generator for the purpose of separate collection and that is collected in a separate vehicle or compartment of a vehicle than that used for trash collection, is exempt from the above provisions of Section 12.06.030, except that all compost haulers shall comply with subsections (A), (G) and (H) of this Section 12.06.030. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 5 of 18 Sec. 12.06.040. Designation of Recyclable Materials, Banned Yard Waste Materials and Compostable Materials List. (A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's "Recyclable Materials List," which shall be prepared and amended from time to time by the City Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (B) The Yard Waste material that is required to be separated from trash shall be set forth in the City's "Banned Yard Waste List," which shall be prepared and amended from time to time by the City Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, § 1) (C) The "Compostable Material List" shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. Sec. 12.06.050. Placement of Recyclable Materials, Compost and Yard Waste for pickup. (A) All recyclables, compostables and Yard Waste accumulated on any premises shall be placed in a container separate from trash, or in a suitable manner such as cardboard broken down and placed on a shelf. (B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design as long as they do not interfere with industry -accepted requirements for the preparation of materials for recycling that are necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005, § 1) (C) Composting containers for storing and setting out Compostable Materials may be of any color or design so long as the container complies with all other requirements of the Aspen Municipal Code, including but not limited to the provisions of Chapter 12.08, Wildlife Protection. (D) Yard Waste may be included for pick up with Compostable material in the Compostable Material bin or placed next to the Compostable Material bin in preparation for pick up by a hauler. (E) Containers .provided by a waste hauler to a customer must be clearly marked to show the type of waste or recycling permitted in the bin. Sec. 12.06.060. Educational materials. (A) The Environmental Health Department shall provide an annual summary of waste and recycled material totals collected in the City, and shall report on other measures of success and aspects of this Chapter. (B) The City will provide wording for Audit Cards and letters and talking points for phone calls that the Haulers must use to notify their customers of contamination of Yard Waste in trash and Ordinance , Series of 2013 — Trash and Recycle code changes Page 6 of 18 contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a year to all their customers, which may be at the same time as materials sent out under Subsection 12.06.0300) above. The City will consult with the Haulers about the educational flyer prior to distributing it to the Haulers. (Ord. No. 26, 2005, § 1) Sec. 12.06.070. Audits and violations. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regular business hours in order for the City to verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, § 1) Section 2: Section 12.10 — Space Allotment for Trash and Recycling Storage, of the Municipal Code, shall be amended as follows: Chapter 12.10 Space Allotment for Trash and Recycling Storage Sec.12.10.010. Definitions The definitions and terms used in this Chapter are defined as follows: Commercial Building. Any premises utilizing trash collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. The definition of a Commercial Building shall also include mixed -use buildings where residential space exists in the same building where a commercial, industrial or institutional enterprise is carried on. Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 7 of 18 Hotel (a. k. a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the purposes of this Chapter. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Chapter. Multi family Development or Project. A residential structure containing three (3) or more attached Dwelling Units in either an over -and -under or side -by -side configuration with common unpierced demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. Terms not defined in this Section shall have the meaning ascribed to them as set forth in the City of Aspen Municipal Code Section 26.104.100 or in the International Green Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Otherwise the common definition applies. Sec. 12.10.020. Applicability This Chapter shall be applicable to: a) All new Commercial, Multi -family and Lodge development within the City of Aspen b) All existing Commercial, Multi -family and Lodge development that adds two (2) or more lodge or residential units, or more than 250 square feet of commercial net leasable space. c) All existing Commercial, Multi -family and Lodge development that meets the definition of Demolition. Prior to issuance of a building permit applicant shall obtain approval from the Environmental Health Department pursuant to this Chapter. Sec. 12.10.030. Space required for trash and recycling storage for Commercial Buildings. All Commercial development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Commercial Buildings is defined as follows: a. For Commercial Buildings that will not contain nor will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling facilities. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 8 of 18 b. For Commercial Buildings that will contain or that will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of fifteen (15) feet at ground level. c. For Commercial Buildings that contain residential dwelling units, one and a half (1.5) square feet of space for trash and recycling storage shall be added to the minimum requirement listed in 12.10.020.0 subsections a and b for each additional dwelling unit over five (5) units. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alleyway access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D) The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G)If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.040. Space required for trash and recycling storage for Lodges All Lodge development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Lodges is defined as follows: a. Lodges with more than sixty (60) guest rooms that will possess or have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulations must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of twenty (20) feet at ground level. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 9 of 18 b. Lodges with more than sixty (60) guest rooms that will not possess nor have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulation must provide a minimum of twenty (20) linear feet adjacent to the, alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. c. Lodges with sixty (60) or fewer guest rooms must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alley access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D)The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.050. Space required for trash and recycling storage for Multi -Family Developments All Multi -Family development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Multi -Family Developments is defined as follows: a. Multi -Family Developments including ten (10) or fewer dwelling units shall provide a minimum of twelve (12) linear feet for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. b. Multi -Family Developments including more than ten (10) and fewer than thirty (30) dwelling units shall provide an additional one and a half (1.5) Ordinance , Series of 2013 — Trash and Recycle code changes Page 10 of 18 square feet for each additional dwelling unit over ten (10), in addition to the required one hundred and twenty (120) square feet described in Section 12.10.050.A subsection (a) above. c. Multi -Family Developments that include thirty (30) or more dwelling units shall provide a minimum of one hundred fifty (150 ) square feet of space for trash and recycling storage plus an additional one hundred fifty (150) square feet for every increment of thirty (30) additional units over fifty nine (59). This space may be located in a central collection area or may be divided into smaller collection areas located in different locations throughout the property. If smaller, separate collection areas are planned, no single area may measure fewer than one hundred and twenty (120) square feet. (B) The required area shall not be used for parking or as vehicular access to a parking area. (C) The area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (D) The trash and recycling areas shall be accessible to all tenants within the development in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (E) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec.12.10.060. Change of Use All requests to change the designated use of a property between the development categories, as described in Section 26.470.070, are required to meet the requirements of this chapter. Sec. 12.10.070. Shared space and shared waste contracts (A) If a dumpster, trash compactor, recycling bin or storage area for trash or recycling is intended to be used by occupants or tenants of two (2) or more separate Commercial Buildings, Lodges, or Multi -Family developments a recorded agreement burdening both properties must be submitted as an attachment to the permit. This agreement must show that both properties will have adequate storage space for trash and recycling and these designated storage areas must comply with the standards set forth in this Chapter. (B) If shared space is part of the permit approval the applicant must indicate how the requirements from the Chapter will be met if the agreement between parties or properties becomes null and void or is otherwise terminated. Sec. 12.10.080. Special Review Ordinance _, Series of 2013 — Trash and Recycle code changes Page 11 of 18 (A) The City of Aspen Environmental Health Department may reduce the required dimensions of the trash and recycling area or may approve a trash and recycling area with a different configuration by Special Review and in accordance with the standards set forth below in Subsection 12.10.080.0 (B) An applicant may request an exemption from some or all of the provisions of this Chapter by applying for Special Review from the Environmental Health Department. (C) Applicants are eligible for Special Review consideration if: a. The property does not adjoin an alleyway b. The applicant wishes to separate the trash and recycling areas c. The applicant is proposing a reduced size for the trash and recycling area d. The applicant feels the requirements of this Chapter cannot be met given the nature of the property. (D) Applicants requiring or requesting Special Review shall submit a written explanation of the reasoning behind applying for Special Review. The applicant must show how trash and recycling will be properly disposed of and stored. (E) The Environmental Health Department may reduce the required dimensions of a trash and recycling service area if- (i) There is demonstration that, given the nature of the potential uses of the building and its total square footage, the trash and recycling area proposed will be adequate; a. For the purposes of approvals, adequate will be defined as follows: i. For a Commercial, Lodge or Multi -Family building the space must accommodate and provide access to the following types of bins, at the minimum: One (1) garbage collection bin One (1) comingled container recycling collection bin One (1) office paper recycling collection bin One (1) newspaper/magazine recycling collection bin One (1) cardboard recycling collection bin or collection area where boxes can be stacked and contained in an enclosed space; and ii. Access by both the tenants and the waste hauling companies to the trash and recycling service area is adequate; and Ordinance _, Series of 2013 — Trash and Recycle code changes Page 12 of 18 iii. Measures are provided for locating and enclosing trash bins and making them easily movable by trash personnel; and iv. The proposed area meets the requirements to the greatest extent practicable given physical constraints of the property or existing improvements. (F) The Environmental Health Department shall consider the Special Review within thirty (30) days of the date of permit submittal. The Environmental Health Department shall issue a written decision to the applicant. Sec. 12.10.090. Appeal Procedures (A) An applicant may appeal the decision of the Environmental Health Department by filing a notice of appeal on a form prescribed by the Administrative Hearing Officer as defined in and pursuant to Chapter 26.222 of the City of Aspen Municipal Code. The notice of appeal shall be filed with the Administrative Hearing Officer within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Chapter to appeal any decision or determination. (B) The Administrative Hearing Officer authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. (C) Unless otherwise specifically stated in this Chapter, the Administrative Hearing Officer authorized to hear the appeal shall decide the appeal based solely upon the written decision and record established by the Environmental Health Department. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. (D) The Administrative Hearing Officer may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the Environmental Health Department, including the power to impose reasonable conditions to be complied with by the appellant. The Administrative Hearing Officer may also elect to remand an appeal to the Environmental Health Department for further proceedings consistent with that body's jurisdiction and directions given, if any, by the Administrative Hearing Officer. The decision shall be approved by written resolution. All appeals shall be public meetings. The Administrative Hearing Officer's decision shall be submitted to both the Environmental Health Department and the applicant in writing. Section 3• Section 26.104.100, Definitions, Utility/trash service area, of the Land Use Code, shall be amended as follows: Ordinance Series of 2013 — Trash and Recycle code changes Page 13 of 18 Utility/trash service area. An area approved or designated for the placement of garbage or trash containers or mechanical equipment, accessory to a principal structure or use. Section 4• Section 26.412.060(B), Commercial Design Review, Commercial Design Standards, Utility, deliver and trash service provision, of the Land Use Code, shall be amended as follows: B. Utility, delivery, trash and recycle service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A trash and recycle service area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said Chapter. 2. A utility area shall be accommodated on all projects and shall meet the minimum standards established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Codes. 3. All utility, trash and recycle service areas shall be co -located and combined to the greatest extent practical. 4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. 5. All utility, trash and recycle service areas shall be fenced so as not to be visible from the street, unless they are entirely located on an alleyway or otherwise approved though Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. All fences shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430, Special Review. 6. Whenever utility, trash, and recycle service areas are required be provided abutting an alley, other portions of a building may extend to the rear property line if otherwise allowed by this Title, provided that the utility, trash and recycle area is located at grade and accessible to the alley. 7. All utility service pedestals shall be located on private property. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 14 of 18 8. All commercial and lodging buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non -ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights -of -way) may not be utilized as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 9. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet the requirements of the International Energy Conservation Code as adopted and amended by the City of Aspen, or an air curtain. 10. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 11. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of- way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. 12. The trash and recycling service area requirements may be varied pursuant to Title 12, Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied by special review (see Chapter 26.430.040.E, Utility and delivery service area provisions). Section 5• Section 26.430.030, Special Review, Applicability, of the Land Use Code, shall be amended as follows: 26.430.030. Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: ■ Dimensional requirements (Chapter 26.710 — Zone Districts) ■ Replacement of nonconforming structures (Chapter 26.312) ■ Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B) ■ Off-street parking requirements (Section 26.515.040) ■ Reductions in the dimensions of utility and delivery service area provisions (Section 26.412.060.B) ■ Subdivision standards (Section 26.480.050) ■ Accessory Dwelling Unit Design Standards (Chapter 26.520) ■ Wireless telecommunications facilities and/or equipment (Section 26.575.1 30) ■ Affordable housing unit standards (Section 26.470.070.4) Ordinance _, Series of 2013 — Trash and Recycle code changes Page 15 of 18 Section 6• Section 26.430.040(E), Special Review, Review standards for special review, Utility/trash service area, of the Land Use Code, shall be amended as follows: 26.430.040. Review standards for special review. E. Utility and delivery service area provisions. Whenever a special review is conducted to determine a change in any utility and delivery service area requirements, the following criteria shall be met: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility service area and delivery area proposed will be adequate. 2. Access to the utility and delivery service area is adequate to accommodate all necessary users. 3. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. Section 7• Section 26.430.060(C), Special Review, Application, of the Land Use Code, shall be amended as follows: 26.430.060(C) Application. C. An analysis of the characteristics of similarly situated properties in the same Zone District and of neighboring parcels with respect to whether these properties comply with the dimensional, off- street parking or utility and delivery service area requirement which is subject to special review. Section 8• Section 26.430.080, Special Review, Modification of requirements, of the Land Use Code, shall be amended as follows: 26.430.080. Modification of requirements. If the dimensional requirements, off-street parking, signage or reduction in access to utility or delivery service areas for a proposed development are expressly modified by a valid conditional use or other valid development permit or approval, the proposed development must comply with such modified requirements. Section 9• Section 26.430.090(A), Special Review, Amendment of development order, Insubstantial amendment, of the Land Use Code, shall be amended as follows: 26.430.090(A) Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for special review may be authorized by the Community Development Department Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall include a change to the design of approved Ordinance _, Series of 2013 — Trash and Recycle code changes Page 16 of 18 off-street parking or to the configuration of a utility or delivery service area. An insubstantial amendment shall not include: 1. Any increase in a dimensional requirement established by special review. 2. Any decrease in the number of off-street parking spaces established by special review. 3. Any decrease in the size of a utility or delivery service area established by special review. Section 10• Section 26.575.060, Miscellaneous Supplemental Regulations, Utility/trash/recycle service areas, of the Land Use Code, shall be deleted in its entirety. Section 11 Section 26.575.180, Miscellaneous Supplemental Regulations, Required Delivery Area and Vestibules for Commercial Buildings, of the Land Use Code, shall be deleted in its entirety. Section 12: Effect Upon Existing Litigation. 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 13: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 14: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 15• A public hearing on this ordinance shall be held on the 22nd day of April, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8' day of April, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _day of , 2013. Ordinance _, Series of 2013 — Trash and Recycle code changes Page 17 of 18 r� u n u Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance _, Series of 2013 — Trash and Recycle code changes Page 18 of 18 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed code amendment is consistent with the Land Use Code. It moves code provisions between sections in the Land Use Code, and moves some requirements to the Solid Waste Code. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: Earlier this year, City Council identified a number of goals, including one related to implementing programs that support a sustainable Aspen. This code amendment will ensure that all commercial, lodging, and multi -family buildings have adequate trash and recycling spaces, which will make it easier for tenants to recycle. This will also support the AACP goal of extending the life of the landfill by making recycling easier, thus diverting those items from the landfill. Finally, this code amendment supports the AACP's Environmental Stewardship Policy IVA, which states, "Maximize recycling, implement waste reduction and environmentally responsible purchasing programs, and encourage behavior that moves the Aspen Area toward being a zero waste community and extends the life of the landfill." Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and fair review of land use applications. Staff finds this criterion to be met. Exhibit A Page 1 of 1 Exhibit B — Proposed Land Use Code Changes 26.104.100. Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: Utility/trash service area. An area approved or designated for the placement of garbage or trash containers or mechanical equipment, accessory to a principal structure or use. (&ee Chapter 26.412: COMMERCIAL DESIGN REVIEW Sections: Sec. 26.412.060 Commercial design standards 26.412.060. Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed -use development: A. Public amenity space. Creative, well -designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights -of -way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on -site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at -grade relationships with adjacent rights -of -way are encouraged. 3. The public amenity and the design and operating characteristics of adjacent structures, rights -of -way and uses contribute to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 1 of 6 E B. Utility, delivery, ea&trash and recycle service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: l . A trash and recycle service area shall be accommodated n all projects and shall meet the minimum size and location standards established by Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said gee6e*Chapter. 2. A utility area shall be accommodated on all projects and shall meet the minimum standards established by Title 25, Utilities, of the Municipal Code, the City, 's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Codes. 3. All utility, trash and recycle service areas shall be co -located and combined to the greatest extent practical. 4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. 5. All utility, trash and recycle service areas shall be fenced so as not to be visible from the street, unless they are entirely located on an alleyway or otherwise approved though Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. All fences shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430, Special Review. 6. Whenever utility, trash, and recycle service areas are required be provided abutting an alley, other portions of a building may extend to the rear property line if otherwise allowed by this Title, provided that the utility, trash and recycle area is located at grade and accessible to the alley. 7-2. All utility service pedestals shall be located on private property and along the aliey. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. 83. . All commercial and lodging buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non -ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights -of -way) may not be utilized as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 9. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 2 of 6 r the requirements of the International Energy Conservation Code as adopted and amended by the City of Aspen, or an air curtain. 104. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 113. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. 12. The trash and recycling service area requirements may be varied pursuant to Title 12, Solid %Paste, of the Municipal Code. All other requirements of this subsection may be varied by social review (see Chapter 26.430.040.E, Utility and delivery service area provisions). Chapter 26.430: SPECIAL REVIEW Sections: Sec.26.430.030. Applicability. Sec. 26.430.040. Review standards for special review. Sec.26.430.060. Application. Sec. 26.430.080. Modification of requirements. Sec. 26.430.090. Amendment of development order. 26.430.030. Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: ■ Reductions in the dimensions of utility and delivery service areas -provisions (Sectio; 26 4�. 26.412.060.B) 26.430.040. Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. E. UtilityAF*sh and delivery service area urovisions. Whenever a special review is conducted to determine a change in any utility/trash and delivery service area requirements,-4 the following criteria shall be met:: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility service area and delivery area proposed will be adequate. 2. Access to the utility and delivery service area is adequate to accommodate all necessary users. 3. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 26.430.060. ;application. Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 3 of 6 The development application for special review shall include the following: A. The general application information required under Section 26.304.030. B. A sketch plan showing the configuration of the development on the lot and those features of the site which are relevant to the special review application. C. An analysis of the characteristics of similarly situated properties in the same Zone District and of neighboring parcels with respect to whether these properties comply with the dimensional, off-street parking or trash 'utility and delivery service area requirement which is subject to special review. 26.430.080. Modification of requirements. If the dimensional requirements, off-street parking, signage or reduction in access to utility or deliverykfash service areas for a proposed development are expressly modified by a valid conditional use or other valid development permit or approval, the proposed development must comply with such modified requirements. 26.430.090. Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for special review may be authorized by the Community Development Department Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall include a change to the design of approved off-street parking or to the configuration of a tFash+utility or delivery service area. An insubstantial amendment shall not include: 1. Any increase in a dimensional requirement established by special review. 2. Any decrease in the number of off-street parking spaces established by special review. 3. Any decrease in the size of a utility or delivery 4fash-service area established by special review. B. Other amendment. Any other amendment shall be approved pursuant to the terms and procedures of this Chapter. Chapter 26.575: MISCELLANEOUS SUPPLEMENTAL REGULATIONS Comment ILAII: Section is moved to Commercial Design Review and Solid Waste Code end SUM fenees shell be six (6) feethigh =rf;e:rgfade. All fenees—shale, a efsound 0 Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 4 of 6 i 0 Comment ljmg2l: Moved to CDS portion of our code reeyeling faeilities. For ffepef4ieS With th:r. ' =m f et or less e f alley 4entag ih: Fe et lent s ef+€Eeefl 0) 'kneff feet. The Fe ed ea lshal I h be aeeemmedated- en the Site OF in .he building Fneeting .he e ,.F the adopted and amended by the City afAsp Comment 1jmg3l: Moved to EH Code 1. The Rlanning and ZaHiHg Gammission m$7 reduce the FegHired d*ffi0HSi8HS Of this aFe b speeial reN,iesy(see Gh. pt ff 26.14) and iH,,..a, nee ^ :rh the si ndterdln s C .wh below at Subseetkm 26.574.060.B. e 4:msh and FeeyelifigaFeaS _ Shall b sr:hle to ell te-RaRt within the building MR a MRAROF ♦h..♦ meets the r nts of the We^-..aiie.,el Q,.:Idl:.,,. !`,.,J., !`h.....e.•d 10 .,.,d 11 as adopted and amended by the City of Aspen. Alleyways (vehieulaf: figlits of wa�,) Comment 1jmg4j: Moved to EH Code B. IReview standards for redaetien of d*mensions. The g-and ZeHiHg Celli issia-R ea..«es set F.).wh at Chapter 420 :cal Comment ljmg5l: Incorporated into Special Review for Utility and Delivery Areas. All variations for trash/recycling is moved to the EH Code PeFS6HHel. develepment and measdres are talkeR to eR60HFage tFasheampaction by oche. de1Ye1E)P RHt .he hlAA 5. The area ferpdblie utility d dl F a x � i GGTII CI'xiitCfxalTG'e-1 TLR �Fih the plaeement of utilities. Chapter 26.575: MISCELLANEOUS SUPPLEMENTAL REGULATIONS Comment ljmg6l: Section is moved to Commercial Design Review Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 5 of 6 • 0 Formatted: Right, Right: 0.25" Exhibit B: Proposed Land Use Code Changes, Redlines Page 6 of 6 Exhibit 3: Proposed Solid Waste Code changes and additions Sec. 12.06.010. Definitions. For purposes of this Chapter, the following terms shall have the meanings ascribed to them: Ashes. The term ashes shall mean the solid residue left when material is burned. Audit Card shall mean a card that waste Haulers give to customers who have included banned Yard Waste in their garbage or who have failed to properly sort their Recyclable Materials. Commercial Customer shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. Compostable material or compostables shall mean any organic material that will naturally degrade and that has been designated as compostable by City Manager regulation in the "Compostable Materials List' which may include, but is not limited to, 1) Animal or vegetable based food scraps resulting from the preparation, cooking and serving of food; 2 Organic materials, including paper products and products designed to completely break down in a commercial compostingfacility; 3) Organic material that has been completely segregated from trash by the generator for the purpose of being composted or otherwise processed through natural degradation into soil amendment, fertilizer or mulch. Garbage The term garbage shall mean all wastes from the preparation and consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. The term garbage shall include compostable material and compostables. Hauler means any person in the business of collecting, transporting or disposing of garbage or trash for another, for a fee, in the City. Multi -Family Customer means the occupants, taken together, of a residential building or set of residential buildings that use a collective, common system for the collection of garbage generated by the occupants. Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may include, but are not limited to, newspaper, magazines, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Residential Customer means every occupant of a residential building or set of residential buildings who receives periodic garbage collection service, and who does not use a collective, common system for the collection of garbage generated by the occupants. Trash. The term trash shall mean all substances, which are neither ashes nor garbage, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops, stores or other places of business. Exhibit C: Proposed Waste Code Changes, Redlines Page 1 of 12 Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26, 2005, § 1) Sec.12.06.020. Exemptions. The following persons are exempt from the provisions of this Chapter: (A) Any person or agent thereof who transports to the landfill only the garbage that person generates. (B) Any person who transports only liquid wastes (such as restaurant grease), discarded or abandoned vehicles or parts thereof, discarded home or industrial appliances, household hazardous wastes or hazardous materials as defined in the rules and regulations adopted by the United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq. Sec. 12.06.030. Hauler requirements. (A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a business license from the City. In order to receive a City business license, a solid waste Hauler must comply with the requirements of this Chapter. (B) , Haulers providing trash service in the City shall include in the base rate for trash pickup service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable Materials List. (i) For residential customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum cans and newspapers. 00 For commercial and multi -family customers the Recyclable Materials list shall include, at the minimum, glass containers, plastic containers, steel cans, aluminum, newspapers, cardboard and office paper. (C) It shall be unlawful for Haulers to provide a separate line item for the cost of recycling services on any invoice, contract, or other document that is delivered to the customer, or to deduct any amount from a customer's rate if the recycling services are not used unless the e .stemer has Feeeived an exerAption f em the (D) The collection of recyclable materials for residential customers shall be provided on the same day and upon the same frequency as trash pickup. Exhibit C: Proposed Waste Code Changes, Redlines Page 2 of 12 (E) Haulers shall provide collection of recyclable materials for multi -family and commercial customers as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the recycling containers without causing an overflow. (F) Any person licensed to operate as a solid waste Hauler within the City shall charge all Residential Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the container used by the customer. All charges shall be based upon units of volume no greater than thirty-two (32) gallons. The charge for the second unit shall be no less than the charge for the first unit of volume. The charge for each subsequent unit of volume shall be no less than the charge for the first unit of volume. (G) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's requested container size or level of service. (H) Each Hauler shall submit a bi-annual report to the city manager of the weight in tons of garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to 12.06.040) _Compostables and Yard Waste materials collected within the limits of the City. For loads that contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from outside the limits of the City, the reported quantity may be estimated by the Hauler but must use the standardized formula provided by the City of Aspen which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. Bi-annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the Environmental Health Director. Included in this form shall be a standardized formula for volume estimations, a description of the approved data collection methods and a section for the hauler to describe any assumptions used in the data collection process. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. Haulers shall include the following with the bi-annual report when submitted: - One (1) example of the base rate monthly charge for an average residential customer and one (1) example of the base rate cost for a commercial customer that would be considered an average customer with no special considerations. - Schedule of pick up for customers located within the City of Aspen. This requirement may be met by providing route sheets detailing the different daily hauling routes within City limits. (1) Nothing in this Section shall be construed as prohibiting any Hauler from providing separate pricing for special collection of bulky items, Compostables, Yard Waste, contaminated recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was subscribed with a Hauler for trash. (J) Except for materials that customers have not properly prepared for recycling and so are grossly contaminated (fifteen percent [15%] or more of trash), Haulers may not dispose of Recyclable Materials set out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise prepares Recyclable Materials for sale. (i) Haulers must notify customers of any grossly contaminated Recyclable Material with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. The Envir-en..,ontal Health Pepai4ment enee notified by the .sto ffie_ ill Exhibit C: Proposed Waste Code Changes, Redlines Page 3 of 12 (ii) Haulers must notify the Environmental Health Department via email or phone if grossly contaminated Recyclable Materials are deposited into the trash instead of properly reeveled, due to contamination, at the same address more than once in the period of one (1) month. (K) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably acceptable by the City of Aspen: (i) Upon the initial provision of solid waste collection services to new customers, (ii) Ninety days prior to any deadline such as the date for existing customers to notify the hauler if they wish to opt out, and (iii) On or before December 31 of each year for existing customers Haulers will also provide within the above reference letter information on the materials designated for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b). Such notice shall further include for Residential Customers the notification of the variable rate system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure that customers are fully informed of the availability of recycling and level of service options. For group accounts, the notices required herein may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual customers or users of the service within the group of the availability of recycling services. On or before January 31 of each year, the Hauler shall deliver to the Environmental Health Director a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi -family or Commercial, on or before December 31 of the previous year. (L) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall notify customers of the ban with an Audit Card or with a phone call, email or written letter with wording provided by the Environmental Health Department. The Eiwi..,,„mental Health Depa..,. ent onee notified by the l4auleF to appfeve the collection of the trash. NNhieli the Haiilei: ma� choose to pick up at the next selieda PiekUp OF hi6h ..;HeHF,.►,. Fge f r , ktF . ,.l.,,.- (Ord. No. 26, 2005, §1) (M) A hauler that exclusively hauls compostable material, no trash or recycling, that has been prepared by the generator for the purpose of separate collection and that is collected in a separate vehicle or compartment of a vehicle than that used for trash collection, is exempt from the above provisions of Section 12.06.030, except that all compost haulers shall comply with subsections (A), (G) and (H) of this Section 12.06.030. Sec. 12.06.040. Designation of Recyclable Materials, Banned Yard Waste Materials and Compostable Materials List. (A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's "Recyclable Materials List," which shall be prepared and amended from time to time by the City Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating Exhibit C: Proposed Waste Code Changes, Redlines Page 4 of 12 within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (B) The Yard Waste material that is required to be separated from trash shall be set forth in the City's "Banned Yard Waste List," which shall be prepared and amended from time to time by the City Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, § 1) (C) The "Compostable Material List" shall be .developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. Sec. 12.06.050. Placement of Recyclable Materials, Compost and Yard Waste for pickup. (A) All- recyclables, compostables and Yard Waste accumulated on any premises shall be placed in a container separate from gffbage-�trash, or in a suitable manner such as cardboard broken down and placed on a shelf. (B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design as long as they do not interfere with industry -accepted requirements for the preparation of materials for recycling that are necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005, §l) (C) Composting containers for storing and setting out Compostable Materials may be of any color or design so long as the container complies with all other requirements of the Aspen Municipal Code, including but not limited to the provisions of Chapter 12.08, Wildlife Protection. (D) Yard Waste may be included for pick up with Compostable material in the Compostable Material bin or placed next to the Compostable Material bin in preparation for pick up by a hauler. (E) Containers provided by a waste hauler to a customer must be clearly marked to show the type of waste or recycline permitted in the bin. Sec. 12.06.060. Educational materials. (A) The Environmental Health Department shall provide an annual summary of waste and recycled material totals collected in the City, and shall report on other measures of success and aspects of this Chapter. n. (B) The City will provide wording for Audit Cards and letters and talking points for phone calls that the Haulers must use to notify their customers of contamination of Yard Waste in trash and contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a year to all their customers, which may be at the same time as materials sent out under Subsection 12.06.0300) above. The City will consult with the Haulers about the educational flyer prior to distributing it to the Haulers. (Ord. No. 26, 2005, § 1) Sec. 12.06.070. Audits and violations. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, Exhibit C: Proposed Waste Code Changes, Redlines Page 5 of 12 accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regular business hours in order for the City to verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, § 1) (Ord. No. 26, 2005, §1; Ord. No. 17-2008) Chapter 12.10 Space Allotment for Trash and Recycling Storage Sec.12.10.010. Definitions The definitions and terms used in this Chapter are defined as follows: Commercial Building. Any premises utilizing trash collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public facilities. The definition of a Commercial Building shall also include mixed -use buildings where residential space exists in the same building where a commercial, industrial or institutional enterprise is carried on. Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the purposes of this Chapter. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Chapter. Multi family Development or Project. A residential structure containing three (3) or more attached Dwelling Units in either an over -and -under or side -by -side configuration with common unpierced Exhibit C: Proposed Waste Code Changes, Redlines Page 6 of 12 demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. Terms not defined in this Section shall have the meaning ascribed to them as set forth in the City of Aspen Municipal Code Section 26.104.100 or in the International Green Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Otherwise the common definition applies. Sec. 12.10.020 Applicability This Chapter shall be applicable to: a) All new Commercial, Multi -family and Lodge development within the City of Aspen b) All existing Commercial, Multi -family and Lodge development that adds two (2) or more lodge or residential units, or more than 250 square feet of commercial net leasable space. c) All existing Commercial, Multi -family and Lodge development that meets the definition of Demolition. Prior to issuance of a building permit applicant shall obtain approval from the Environmental Health Department pursuant to this Chapter. Sec. 12.10.030. Space required for trash and recycling storage for Commercial Buildings. All Commercial development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Commercial Buildings is defined as follows: a. For Commercial Buildings that will not contain nor will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling facilities. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. b. For Commercial Buildings that will contain or that will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of fifteen (15) feet at ground level. c. For Commercial Buildings that contain residential dwelling units, one and a half (1.5) square feet of space for trash and recycling storage shall be added to the minimum requirement listed in 12.10.020.0 subsections a and b for each additional dwelling unit over five (5) units. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. Exhibit C: Proposed Waste Code Changes, Redlines Page 7 of 12 (C) For properties with no alleyway access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D) The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and I 1 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (I ) system. Sec. 12.10.040 Space required for trash and recycling storage for Lodges All Lodge development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Lodges is defined as follows: a. Lodges with more than sixty (60) guest rooms that will possess or have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulations must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of twenty (20) feet at ground level. b. Lodges with more than sixty (60) guest rooms that will not possess nor have the capacity to possess a Retail Food Service License as defined by the State of Colorado Retail Food Establishment Rules and Regulation must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. c. Lodges with sixty (60) or fewer guest rooms must provide a minimum of twenty (20) linear feet adjacent to the alleyway for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth often (10) feet at ground level. (B) If the property adjoins an alleyway, the trash and recycle service area shall be along and accessed from the alleyway. (C) For properties with no alley access, Special Review is required from the Environmental Health Department. Applicant may apply for Special Review pursuant Section 12.10.080. (D) The required area shall not be used for parking or as vehicular access to a parking area. (E) The required area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. Exhibit C: Proposed Waste Code Changes, Redlines Page 8 of 12 (F) The trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (G) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Sec. 12.10.050 Space required for trash and recycling storage for Multi -Family Developments All Multi -Family development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (A) Adequate space for Multi -Family Developments is defined as follows: a. Multi -Family Developments including ten (10) or fewer dwelling units shall provide a minimum of twelve (12) linear feet for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. b.Multi-Family Developments including more than ten (10) and fewer than thirty (30) dwelling units shall provide an additional one and a half (1.5) square feet for each additional dwelling unit over ten (10), in addition to the required one hundred and twenty (120) square feet described in Section 12.10.050.A subsection (a) above. c. Multi -Family Developments that include thirty (30) or more dwelling units shall provide a minimum of one hundred fifty (150 ) square feet of space for trash and recycling storage plus an additional one hundred fifty (150) square feet for every increment of thirty (30) additional units over fifty nine (59). This space may be located in a central collection area or may be divided into smaller collection areas located in different locations throughout the property. If smaller, separate collection areas are planned, no single area may measure fewer than one hundred and twenty (120) square feet. (B) The required area shall not be used for parking or as vehicular access to a parking area. (C) The area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. (D) The trash and recycling areas shall be accessible to all tenants within the development in a manner that meets the requirements of the International Building Code Chapters 10 and 1 I as adopted and amended by the City of Aspen. Alleyways (vehicular rights -of -way) may not be used as pathways (pedestrian rights -of -way) to meet the requirements of the International Building Code. (E) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. Exhibit C: Proposed Waste Code Changes, Redlines Page 9 of 12 Sec. 12.10.060 Change of Use All requests to change the designated use of a property between the development categories, as described in Section 26.470.070, are required to meet the requirements of this chapter. Sec. 12.10.070 Shared space and shared waste contracts (A) If a dumpster, trash compactor, recycling bin or storage area for trash or recycling is intended to be used by occupants or tenants of two (2) or more separate Commercial Buildings, Lodges, or Multi -Family developments a recorded agreement burdening both properties must be submitted as an attachment to the permit. This agreement must show that both properties will have adequate storage space for trash and recycling and these designated storage areas must comply with the standards set forth in this Chapter. (B) If shared space is part of the permit approval the applicant must indicate how the requirements from the Chapter will be met if the agreement between parties or properties becomes null and void or is otherwise terminated. Sec. 12.10.080 Special Review (A) The City of Aspen Environmental Health Department may reduce the required dimensions of the trash and recycling area or may approve a trash and recycling area with a different configuration by Special Review and in accordance with the standards set forth below in Subsection 12.10.080.0 (B) An applicant may request an exemption from some or all of the provisions of this Chapter by applying for Special Review from the Environmental Health Department. (C) Applicants are eligible for Special Review consideration if: a. The property does not adjoin an alleyway b. The applicant wishes to separate the trash and recycling areas c. The applicant is proposing a reduced size for the trash and recycling area d. The applicant feels the requirements of this Chapter cannot be met given the nature of the property. (D) Applicants requiring or requesting Special Review shall submit a written explanation of the reasoning behind applying for Special Review. The applicant must show how trash and recycling will be properly disposed of and stored. (E) The Environmental Health Department may reduce the required dimensions of a trash and recycling service area if- (i) There is demonstration that, given the nature of the potential uses of the building and its total square footage, the trash and recycling area proposed will be adequate; a. For the purposes of approvals, adequate will be defined as follows: Exhibit C: Proposed Waste Code Changes, Redlines Page 10 of 12 • 0 For a Commercial, Lodge or Multi -Family building the space must accommodate and provide access to the following types of bins, at the minimum: One (1) garbage collection bin One (1) comingled container recycling collection bin One (1) office paper recycling collection bin One (1) newspaper/magazine recycling collection bin One (1) cardboard recycling collection bin or collection area where boxes can be stacked and contained in an enclosed space; and ii. Access by both the tenants and the waste hauling companies to the trash and recycling service area is adequate; and iii. Measures are provided for locating and enclosing trash bins and making them easily movable by trash personnel; and iv. The proposed area meets the requirements to the greatest extent practicable given physical constraints of the property or existing improvements. (F) The Environmental Health Department shall consider the Special Review within thirty (30) days of the date of permit submittal. The Environmental Health Department shall issue a written decision to the applicant. Sec. 12.10.090 Appeal Procedures (A) An applicant may appeal the decision of the Environmental Health Department by filing a notice of appeal on a form prescribed by the Administrative Hearing Officer as defined in and pursuant to Chapter 26.222 of the City of Aspen Municipal Code. The notice of appeal shall be filed with the Administrative Hearing Officer within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Chapter to appeal any decision or determination. (B) The Administrative Hearing Officer authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. (C) Unless otherwise specifically stated in this Chapter, the Administrative Hearing Officer authorized to hear the appeal shall decide the appeal based solely upon the written decision and record established by the Environmental Health Department. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. (D) The Administrative Hearing Officer may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the Environmental Health Department, including the power to impose reasonable conditions to be Exhibit C: Proposed Waste Code Changes, Redlines Page 11 of 12 complied with by the appellant. The Administrative Hearing Officer may also elect to remand an appeal to the Environmental Health Department for further proceedings consistent with that body's jurisdiction and directions given, if any, by the Administrative Hearing Officer. The decision shall be approved by written resolution. All appeals shall be public meetings. The Administrative Hearing Officer's decision shall be submitted to both the Environmental Health Department and the applicant in writing. Exhibit C: Proposed Waste Code Changes, Redlines Page 12 of 12 0 • Exhibit D — Approved Policy Resolution 104, Series 2013 RESOLUTION NO.26, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE TRASH, UTILITY, AND RECYCLE AREA SECTIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Master Plan process; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with City Council regarding the code amendment; and, WHEREAS, the Community Development Director recommended changes to the trash, utility, and recycle area sections of the land use code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on March 18, 2013, the City Council approved Resolution No. 26, Series of 2013, by a four to zero (4 — 0) vote, requesting code amendments to the trash, utility, and recycle requirements in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective Exhibit D Page 1 of 2 0 • The objective of the proposed code amendments is to update the trash, utility, and recycle provisions in the Land Use Code. Section 2 This resolution 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 3• If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. FINALLY, adopted this 18th day of March 2013. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: James R True, City Attorney Exhibit D Page 2 of 2 • • Exhibit E: Explanation for specific recycling and trash storage requirements The proposed requirements for trash and recycling storage are based on existing requirements in the Land Use Code and have been expanded or changed using best practice research from other towns and cities. The proposed changes are also influenced by staff experiences and documented time spent working with Aspen's businesses and residents to overcome barriers related to waste reduction. The most common complaint received from businesses and residents is that there is not enough space at homes and commercial buildings to accommodate both recycling and trash cans, thus requiring residents and business owners to transport recycling to the Rio' Grande drop-off center or to not recycle at all. With this reasoning and purpose in mind, staff recommends the following space requirements for trash and recycling storage: Commercial building with no restaurant and fewer than 5 residential units: 200 square feet - Consistent with current Land Use Code requirements - Minimal space to accommodate basic recycling and trash for tenants or users Would be required to add 1.5 square feet per unit for additional residential units over 5 to allow space to collect additional residential waste including compost or more recycling. Commercial building with restaurant and fewer than 5 residential units: 300 square feet - Allows for the addition of a food waste/compost collection bin Allows for more comingled container collection bins to collect recycling associated with food and alcohol service common in restaurants Would be required to add 1.5 square feet per unit for additional residential units over 5 to allow space to collect additional residential waste Lodge or Hotel without a restaurant: 200 square feet - Consistent with current Land Use Code requirements - Minimal space to accommodate basic recycling and trash for this type of use Lodge or Hotel with a restaurant and more than 60 guest rooms: 400 square feet - 20ft. x 20ft. area allows space for a trash compactor measuring 20ft. x 9ft. All existing lodges in the City of this size currently use a trash compactor. - Allows space for a trash compactor, compost bin and multiple recycling containers. - A lodge with a restaurant is the largest trash generator in the City due to the mixed nature of the use that includes office waste, guest waste, and restaurant waste. Small multi -family development (fewer than 10 units): 120 square feet - Smallest space possible to accommodate trash, recycling and compost bins for residents Exhibit E Pagel of 2 E :1 - Based on a recent project Environmental Health sponsored at a local multi -family development where a new 120 sq. ft. enclosure was built to store waste. Multi -family development with 30-60 units: 121.5 sq. ft. —148.5 sq. ft. - Requires more space for each additional unit to avoid overflowing bins or increased pick-up costs Large multi -family development with more than 60 units: 150 sq. ft. + 150 sq. ft./30 units - Instead of adding 1.5 square feet for each additional unit, staff recommends that large developments add space for each block of 30 additional units over 59. This approach guarantees that trash and recycling space increases at the same rate as waste generation. - As a development grows in size, each group of 30 units is accounted for with 150 sq. ft. of storage space. - 150 square feet for 30 units allows enough room for trash, recycling and compost. In addition, it provides space for a cardboard collection bin. Exhibit E Page 2 of 2 • 0 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner Ashley Perl, Senior Environmental Health Specialist THRU: Jennifer Phelan, Deputy Community Development Director RE: Policy Resolution: Trash, Utility, Recycle Areas Resolution Z!g Series of 2013 MEETING DATE: March 18, ?013 SUMMARY: The attached Resolution outlines Council policy direction for code amendments related to the trash, utility, and recycle area provisions in the Land Use Code. The objective of the proposed code amendment is to better coordinate the trash and recycling requirements in the Land Use Code (Title 26 of the Municipal Code) with known best practices and requirements in the Solid Waste Code (Title 12 of the Municipal Code). Once the Policy Resolution is approved, Environmental Health and Community Development staff will bring an Ordinance to City Council that updates the utility requirements in the Land Use Code, moves the trash and recycle requirements in the Land Use Code to the Solid Waste Code, and updates other portions of the Solid Waste Code. STAFF RECOMMENDATION: Staff recommends approval of the proposed Resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the trash, utility, and recycling area provisions of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authori1y for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The Land Use Code includes requirements related to trash, utility, and recycling areas for all commercial and lodging development. The code currently requires "A minimum of twenty (20) linear feet of the utility/trashlrecycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. ... The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10), 3.18.2013 - Trash, Utility, Recycling Area Policy Direction Page 1 of 3 feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. " Properties without an alley are currently not required to provide an area for trash and recycling. The Environmental Health Department reviews all land use applications for compliance with the trash and recycling standards outlined in the Land Use Code. Staff believes moving these requirements into the Solid Waste Code will enable a more efficient review of applications, and will ensure that the requirements are up to date with the latest best practices. Community Development staff are not the experts in this area, and staff believes the requirements are better placed with the Environmental Health Department's code. At this time, no change in the size requirement is proposed for commercial properties — the requirement would simply be moved from the Land Use Code to the Solid Waste Code. Staff is exploring changes to the lodge requirements that would require more space if the lodge has a retail food service license. Staff is proposing that all commercial and lodging properties, even if they do not have alley access, provide an area on the site or in the building for trash and recycling storage. Aside from those changes, the requirements for commercial and lodging properties will be similar to those that currently exist. In addition, staff proposes adding space requirements for multi -family housing complexes to allow for adequate trash and recycling storage. This requirement does not currently exist in the Land Use Code. Storage space at single family homes and duplexes is not currently addressed in the code and staff is not proposing adding any requirements for that particular sector of buildings. Currently most redevelopment applications use the size requirements in the Land Use Code to meet the trash and recycling needs of the building and accommodate the utility box needs in a different area. Staff proposes updating the utility standards to recognize the current practice by adding a requirement for utility areas. This amendment is coming forward at this time to coordinate with the Recycle Ordinance reauthorization. That Ordinance sunsets in July, and must be readopted by City Council if it is to remain in effect. Community Development staff conducted some outreach with private planners and architects to get their feedback on moving the trash and recycling requirements into the Solid Waste Code. The group felt that was a positive change. Staff will continue to work with stakeholders between now and first and second readings to supplement the public outreach on this code amendment. Staff has streamlined the Ordinance review as much as Possible, with First Reading Scheduled for April 81h and Second Reading scheduled for April 22' . STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. 3.18.2013 — Trash, Utility, Recycling Area Policy Direction Page 2 of 3 0 • RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. _, Series of 2013, approving a Policy Resolution outlining direction for code amendments related to the trash, utility, and recycling provisions in the Land Use Code." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings 3.18.2013 — Trash, Utility, Recycling Area Policy Direction Page 3 of 3 0 • RESOLUTION NO. (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE TRASH, UTILITY, AND RECYCLE AREA SECTIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Master Plan process; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with City Council regarding the code amendment; and, WHEREAS, the Community Development Director recommended changes to the trash, utility, and recycle area sections of the land use code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on March 18, 2013, the City Council approved Resolution No. Series of 2013, by a to (_ — __) vote, requesting code amendments to the trash, utility, and recycle requirements in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Obiective The objective of the proposed code amendments is to update the trash, utility, and recycle provisions in the Land Use Code. Section 2• This resolution 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Resolution No _, Series 2013 — Trash/Utility/Recycle Area Code Amendment Pagel of 2 Section 3• If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. FINALLY, adopted this _th day of 2013. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No _, Series 2013 — Trash/Utility/Recycle Area Code Amendment Page 2 of 2 0 • Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to reflect today's best practices related to trash, utility, and recycling space requirements. Environmental Health reviews all new applications to ensure adequate space is included for trash and recycling areas. Staff believes moving those requirements into the Solid Waste Code, which is administered by the Environmental Health Department, is more appropriate given current practices and to ensure requirements are up to date in terms of best practices. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: Earlier this year, City Council identified a number of goals, including one related to implementing programs that support a sustainable Aspen. This code amendment will ensure that all commercial, lodging, and multi -family buildings have adequate trash and recycling spaces, which will make it easier for tenants to recycle. This will also support the AACP goal of extending the life of the landfill by making recycling easier, thus diverting those items from the landfill. Finally, this code amendment supports the AACP's Environmental Stewardship Policy IVA, which states, "Maximize recycling, implement waste reduction and environmentally responsible purchasing programs, and encourage behavior that moves the Aspen Area toward being a zero waste community and extends the life of the landfill." Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findiirjzs: The intent of the proposed amendment is to ensure a predictable and fair review of land use applications. Staff finds this criterion to be met. 1.28.2013 — Employee Generation Policy Direction; Exhibit A Page 1 of 1 AFFIDAVIT OF PtiBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: "'�0���1 M'/f lg .tp— 5:DOD van , 20 ( STATE OF COLORADO ) ) ss. County of Pitkin ) I, �-eAa s c9� (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: vftPublication 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 , 20_, 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) 0 6 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this _q day of /y , 20 A by z±nQ-e4`t WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 10 30 • BONNIE L. . WAECHTLER Notary Public My Commis0r F ras IM0313 ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 B LIG :+ TI E OF FGaiena AMENDMENT O THE USE CEDE ASPEN E IS HEREBV GIVEN that a public hearing held on Monday. March 18, 2013, at a g to begin at 5:00 p.m. before the Aspen uncil, Council Chambers, City Hall, 130 S. a St., As n, to determine if an amendment text p llrel ae amendmennd Use t woud amene should be due - The poents related to trash, utility. and recyc mg ements. For further information,contact dDe es'arrow at the City 30 Aspen Ga ena St., vetopman, Department, 4 2 9 C p( 9 7 0 ) 2 7 8 0 jessica.garrow ® cityofaspen.Com. sl Michael Ireland, Mayor Aspen City Council Published 8b20 ed in the eAspen p en Times Weekly on February 0 0 Permits File Edit Record Navigate Form Reports Format Tab Help Oo [ 6 • zo f 3 • As UA X° >> f i il' Jump I J '> =] J J Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation Arch/Eng Custor ► o Permit type lAspen Land Use Permit f 10016.2013,ASLU Address i130 S GALENA Apt/Suite CITY HALL 0 City ASPEN State CO Zip 181611 xX Permit Information o Master permit Routing queue aslu07 Applied 0 j Project Status 1pending Apprrnled a Description APPLICATION FOR A CODE AMEIJDMENT - TRASH RECYCLE UTILITY AREA Issued NO FEES Closed/Final Submitted JCFFY OF ASPEN - JESS GARROW Clock Running DaY s 0 Expires rI I Owner Last name ICITY OF ASPEN �] First name 130 S GALENA ST i Phone (970) 920-5000 Address ASPEN CO 81611 Applicant Z Owner is applicant? F1 Contractor is applicant? Last name CITY OF ASPEN Firstriamel 130 S GALENA ST ASPEN CO 81611 Phone (970) 920 r,000 Cust t 28998 Address Lender Last name First name r AspenGold5 (server) angelas M 1 of 1 ,;;