HomeMy WebLinkAboutcoa.lu.ca.130 S Galena Code Amendment Food Vending in Common Areas.0004.2014 40
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0004.2014.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER CHRIS BENDON
CASE DESCRIPTION CODE AMENDMENTS— FOOD
VENDING IN COMMON AREAS
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 1.8.14
CLOSED BY ANGELA SCOREY ON: 1.8.14
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MEMORANDUM
TO: Mayor Ireland and City Council
FROM: Chris Bendon, Community Development Director(�Wj
RE: Code Amendments: Commercial Use of Common Areas;
Small Commercial Expansions;
Outdoor FoodBeverage Vending
2°d Reading—Ordinance No. 22, Series of 2013.
DATE: June 10, 2013
SUMMARY:
The City Council recently provided direction to amend the Land Use Code provisions regarding
the commercial use of interior common areas of commercial buildings and small expansions of
commercial buildings. Staff has also included a general clean-up of the outdoor food vending
limitations.
The objective of the first two amendments is to lessen the burden on businesses wanting to use
existing common areas in a commercial manner and to make small expansions to their building
without triggering affordable housing fee requirements. The objective of the food vending
changes is to simplify the program and to allow food vending to be done in more areas. Outdoor
food vending would still only be allowed on private property or on public property where a lease
has been approved by the City..
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance.
SUMMARY—COMMERCIAL USE OF COMMON AREAS
The creation of new commercial space in the City requires provision of housing and other
mitigations, which can be cost-prohibitive. Several buildings have substantial interior "mall"
areas — the North of Nell building, for example. These interior arcades could support
commercial uses and could be a place for"incubator" or"start-up" businesses to initiate.
Staff incorporated the language from first reading regarding these spaces being limited to the sale
of locally-produced arts, crafts, and produce.
SUMMARY—SMALL COMMERCIAL EXPANSIONS
Expanding the size of a commercial building also triggers the provision of housing and other
mitigations. The current process is administrative, but the costs of mitigation can be a significant
obstacle. Recently, businesses and building owners have requested some relief for "minor"
expansions.
If adopted, each building would be allowed to expand its net leasable area by 500 square feet.
Based on comments from first reading, staff has amended the language to limit exterior physical
expansions to only 250 square feet of floor area. This will enable interior conversion of space
with minimal exterior changes to a building.
Staff suggests this approval simply allow for an addition to a building's leasable area— and not
limit how the new space is used. Some spaces created may be for storage, back-of-house items.
Other spaces may be for seating or retail area. Some new spaces may allow for back-of-house
items to be moved to free-up other areas for more seating or retail. As time goes on, trying to
track and enforce which part of which building can be used for what purpose will create
headaches for all involved. A far simpler approach is to allow all commercial space to be used
for commercial purposes and let businesses decide how to arrange their space.
SUMMARY-OUTDOOR FOOD/BEVERAGE VENDING
The City currently allows for outdoor food vending. These operations are limited to operating on
private property and within public areas that have been leased (such as mall leases). Operations
are limited to a footprint of no more than 50 square feet. Permits are temporary, valid for 6
months. Applicants can apply for recurring permits. Only 4 outdoor operations are allowed and
they are limited to the Commercial Core district (Main to Durant, Monarch to Hunter).
The proposal maintains the private property and 50 square foot stipulations. Permits would be
available for one-year periods, could be renewed, and the limit of 4 operations would be lifted.
The proposal also expands the area where vending could occur, including the C1, NC, and CL
zones. This is the downtown plus the City Market and Clark's Market areas.
No changes to this section have been made since first reading.
RECOMMENDATION:
Staff finds the proposed amendments in conformance with the code amendment criteria
codified at 26.310.050 of the City's Land Use Code and is recommending approval.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move approval of Ordinance No. 22, Series of 2013."
ORDINANCE No. 22
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO
CHAPTER 26.470 OF THE CITY OF ASPEN LAND USE CODE—GROWTH
MANAGEMENT
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 use of common areas within commercial buildings, the
requirements for minor expansions of commercial buildings, and the requirements for outdoor
foodibeverage vending; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach, including multiple public work sessions with the City
Council and review with local commercial brokers; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapter 26.470 as described herein;
and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and 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
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Chapter 26.470.060 of the City of Aspen Land Use Code, which section defines the
process and requirements for certain types of development, shall read as follows:
Sec. 26.470.060. Administrative applications.
The following types of development shall be approved, approved with conditions or denied by the
Community Development Director, pursuant to Section 26.470.110, Growth management review
procedures, and the criteria for each type of development described below. Except as noted, all
growth management applications shall comply with the general requirements of Section 26.470.050.
Except as noted, all administrative growth management approvals shall be deducted from the
respective development ceiling levels but shall not be deducted from the annual development
allotments. Administrative approvals apply cumulatively.
1. Single-family and duplex development on historic landmark properties. The development
of one (1) or multiple single-family residences or a duplex on a parcel of land designated as an
historic landmark and which contains an historic resource shall be approved by the Community
Development Director. This review applies to the rehabilitation of existing structures,
reconstruction after demolition of existing structures and the development of new structures on
Ordinance No. 22,Series 2013,
Page 1
historic landmark properties. No affordable housing mitigation shall be required, provided that all
necessary approvals are obtained, pursuant to Chapter 26.415, Development Involving the
Inventory of Historic Landmark Sites and Structures, and provided that the parcel contains an
historic resource.
Development of single-family or duplex structures on an historic landmark property that does not
contain an historic resource (for example, a new house on a vacant lot which was subdivided from
an historic landmark property) shall be subject to the provisions of Paragraph 26.470.060.2, Single-
family and duplex dwelling units.
2. Single-family and duplex dwelling units. The following types of development of single-
family or duplex structures shall require the provision of affordable housing in one (1) of the
methods described in Subparagraph c:
a. The development of a new single-family, multiple detached residential units when permitted
in the zone district or a duplex dwelling on a vacant lot in one (1) of the following
conditions:
1) A vacant lot created by a lot split, pursuant to Subsection 26.480.060.C.
2) A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030.A.4, when
the subject lot does not itself contain an historic resource.
3) A vacant lot that was subdivided or was a legally described parcel prior to November 14,
1977, that complies with the provisions of Subsection 26.480.020.E, Aspen Townsite
lots.
These new residential units shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
annual development allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached residential
units when permitted in the zone district or a duplex dwelling, regardless of when the lot
was subdivided or legally described. These redeveloped units shall not require a growth
management allocation and shall not be deducted from the respective annual development
allotments or development ceiling levels established pursuant to Section 26.470.030.
c. Affordable housing requirements for the types of single-family and duplex development
described above shall be as follows:
Single-family. In order to qualify for a single-family approval, the applicant shall have
five (5) options:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted
by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
Ordinance No. 22, Series 2013,
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net increase
of square footage, according to Aspen/Pitkin County Housing Authority Guidelines,
as amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have six (6)
options:
1) Providing one (1) free-market dwelling unit and one (1) deed-restricted resident-
occupied (RO) dowelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1] of each), or one (1) above-grade, detached ADU or carriage house
with a minimum floor area of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable square feet authorized through special review to be attached and/or partially
or fully subgrade, pursuant to Chapter 26.520;
4) Providing an off-site affordable housing unit within the Aspen Infill Area accepted
by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units; or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net increase
of square footage, according to Aspen/Pitkin County Housing Authority Guidelines,
as amended.
3. Change in use of historic landmark sites and structures. The change of use between the
development categories identified in Section 26.470.020, of a property, structure or portion of a
structure designated as an historic landmark shall be approved, approved with conditions or denied
by the Community Development Director if no more than one (1) free-market residence is created.
No employee mitigation shall be required. If more than one (1) free-market residence is created, the
additional units shall be reviewed pursuant to Paragraph 26.470.080.2. The change in amount of
development and number of units shall be added and deducted from the respective development
ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from
the respective annual development allotments.
4. Minor enlargement of an historic landmark for commercial, lodge or mixed-use
development. The enlargement of a property, structure or portion of a structure designated as an
historic landmark for commercial, lodge or mixed-use development shall be approved, approved
with conditions or denied by the Community Development Director based on the following criteria.
The additional development of uses identified in Section 26.470.020 shall be deducted from the
development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted
from the respective annual development allotments.
a. If the development increases either floor area or net leasable space/lodge units, but not both,
then no employee mitigation shall be required.
Ordinance No. 22,Series 2013,
Pa p, e 3
b. If the development increases both floor area and net leasable space/lodge units, up to four
(4) employees generated by the additional commercial/lodge shall not require the provision
of affordable housing. An expansion generating more than four (4) employees shall not
qualify for this administrative approval and shall be reviewed pursuant to Paragraph
26.470.070.1.
c. No more than one (1) free-market residence is created. This shall be cumulative and shall
include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14,
Series of 2007.
5. Minor expansion of a commercial, lodge or mixed-use development. The minor
enlargement of a property, structure or portion of a structure for commercial, lodge or mixed-use
development shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria. The additional development of uses
identified in Section 26.470.020 shall be deducted from the development ceiling levels established
pursuant to Section 26.470.030 but shall not be deducted from the respective annual development
allotments.
a. The expansion involves no more than five-hundred (500) square feet of net leasable space,
no more than two-hundred-fifty (250) square feet of Floor Area, and up to two (2) additional
hotel/lodge units. The expansion involves no residential units. No employee mitigation
shall be required. This shall be cumulative and shall include administrative GMQS
approvals granted prior to the adoption of Ordinance No. 22, Series of 2013.
6. Alley stores. The expansion or conversion of an existing commercial or mixed-use building, or
portion thereof, or the development of a new commercial or mixed-use building to accommodate a
storefront along an alleyway shall be approved, approved with conditions or denied by the
Community Development Director based on the following criteria:
a. The commercial space or spaces shall be no greater than six hundred (600) gross square feet
per space, including storage and other non-leasable space, and shall have no internal
connection to any other space. Multiple spaces may be created.
b. The commercial space shall not reduce the property's utility/trash/recycle service area
requirement unless such reduction is approved pursuant to Chapter 12.10
c. Alley stores that front entirely on an alleyway with no fenestration or direct access along a
primary street shall not require the provision of affordable housing.
7. Sale of locally-made products in common areas of commercial buildings. Commercial use
of common areas within commercial and mixed-use buildings which contain commercial use (a.k.a.
"non-unit spaces," "arcades," "hallways," "lobbies," or "malls") shall be approved, approved with
conditions or denied by the Community Development Director based on the following criteria.
a. Products shall be limited to arts, crafts, or produce designed, manufactured, created, or
assembled in the Roaring Fork Valley, defined as the watershed of the Roaring Fork
River plus the municipal limits of the City of Glenwood Springs. Exempt from this
geographic limitation are items sold by a hardware store adjacent to the common area
and items incidental to arts, crafts, and produce such as frames and pedestals.
Ordinance No. 22,series 2013,
P age 4
b. The area can be used by an existing business within the building or by "stand-alone"
businesses. Multiple spaces may be created.
c. These areas shall not be considered net leasable space for the purposes of calculating
impact fees or redevelopment credits. No employee mitigation shall be required.
Compliance with all zoning, building, and fire codes is mandatory.
8. Outdoor food/beverage vending license. Outdoor food/beverage vending shall be approved,
approved with conditions or denied by the Community Development Director based on the
following criteria:
a. Location. All outdoor food/beverage vending must be on private property and may be
located in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC),
or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public
property that is subject to an approved mall lease. Additional location criteria:
1) The operation shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or
vehicular traffic along the public right-of-way.
3) The operation shall not interfere with required emergency egress or pose a threat to
public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be
maintained for building entrances and exits.
b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square
feet per operation. The area of activity shall be defined as a counter area, equipment needed
for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn
machine, etc.), and the space needed by employees to work the food vending activity.
c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding
Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of
the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or
affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards
this calculation. Food carts may have a sandwich board sign in accordance with the
regulations found within Chapter 26.510.
d. Environmental Health Approval. Approval of a food service plan from the Environmental
Health Department is required. The area of outdoor food vending activities shall include
recycling bins and a waste disposal container that shall be emptied daily and stored inside at
night and when the outdoor food vending activities are not in operation. Additionally, no
outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code Section
13.08.100, Restaurant Grills.
e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must
comp.ly with adopted building and fire codes. Applicants are encouraged to meet with the
City s Building Department to discuss the vending cart/stand.
f. Application Contents. An application for a food/beverage vending license shall include the
standard information required in 26.304.030.B, plus the following:
1) Copy of a lease or approval letter from the property owner.
Ordinance No. 22,Series 2013,
Page 5
2) A description of the operation including days/hours of operation, types of food and
beverage to be offered, a picture or drawing of the vending cart/stand, and proposed
signage.
3) The property survey requirement shall be waived if the applicant can demonstrate how
the operation will be contained on private property.
g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year
period beginning on the same the date that the Notice of Approval is signed by the
Community Development Director. This one (1) year period may not be separated into non-
consecutive periods.
h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal
the Community Development Director shall consider the returning vendor's past
performance. This shall include, but shall not be limited to, input from the Environmental
Health Department, Chief of Police, special event staff, and feedback from adjacent
businesses. Unresolved complaints may result in denial of a renewal request.
i. Business License. The vending operator must obtain a business license.
j. Affordable Housing and Impact Fees Waived. The Community Development Director shall
waive affordable housing mitigation fees and impact fees associated with outdoor
food/beverage vending activities.
k. Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish
the general public health, safety or welfare and shall abide by applicable City regulations,
including but not limited to building codes, health safety codes, fire codes, liquor laws, sign
and lighting codes, and sales tax license regulations.
1. Abandonment. The City of Aspen may remove an abandoned food/beverage vending
operation, or components thereof, in order protect public health, safety, and welfare. Costs
of such remediation shall be the sole burden of the property owner.
m. Temporary Cessation. The Community Development Director may require a temporary
cancelation of operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food/beverage cart will
create a public safety issue or create an excessive burden on the event activities.
n. License Revocation. The Community Development Director may deny renewal or revoke
the license and cause removal of the food/beverage vending operation if the vendor fails to
operate consistent with these criteria. An outdoor food/beverage vending license shall not
constitute nor be interpreted by any property owner, developer, vendor, or court as a site
specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are
subject to revocation by the City Manager or Community Development Director without
requiring prior notice.
(Ord. No. 14, 2007, §1; Ord. No. 6—2010, §3 ;Ord. No. 913, 2010 §1;)
Section 2: Effect Upon Existing Liti!ation.
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.
Ordinance No. 22,Series 2013,
Page 6
Section 3: 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 4: 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 5: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 10th day of June, 2013, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S. Galena
St., Aspen, Colorado, a minimum of fifteen days prior to the first hearing a public notice of the same
was published in a newspaper of general circulation within the City of Aspen.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of May,
2013.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor
FINALLY, adopted, passed and approved this day of , 2013.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor
Approved as to form:
James R True,City Attorney
Ordinance No. 22,Series 2013,
Pa ; e 7
ch�
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
,,y�9�.re to L L , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin )
f r
(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:
l/ 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 j
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)
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 1
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 G� day
PUBLIC
V
RE AMENDMENT TO THEIC WITNESS OF ASPEN M 1 HAND AND OFFICIAL SEAL.
L D USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday May 28th,2013,at a --2.�-
meY Council to begin at 5:00 p.m.before the Aspen My commission expires.- C.�Z�
Galena St�Aspenn to cons,del a endmenitslto�a S.
'sA�
text of the Land Use Code related to commercial l
use of common areas within commercial buildings,
minor expansions of commercial buildings,and a�
outdoor food vending-Sections 26.470.060 and a
26.470.070 formation, of the Land Use Code.For further in-J a otary Public
formation,contact Chris Bandon at the City of As-
pen Community Development Department,130 S. ;
Galena St.,Aspen,CO,(970)429-2765,cl�ris.ben-
don@cityofaspen.com.
don@cityofaspen.com. !T '
8'M Ireland,Mayor
Aspen City Council Q(� I
2013
Published Aspen Times Weekly on May 9,!8 0129/2014
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
I
i
i
MEMORANDUM
TO: Mayor Ireland and City Council
FROM: Chris Bendon, Community Development Director Awl
RE: Code Amendments: Commercial Use of Common Areas;
Small Commercial Expansions;
Outdoor Food/Beverage Vending
1St Reading—Ordinance No._, Series of 2013.
DATE: May 28, 2013
SUMMARY:
The City Council recently provided direction to amend the Land Use Code provisions regarding
the commercial use of interior common areas of commercial buildings and small expansions of
commercial buildings. Staff has also included a general clean-up of the outdoor food vending
limitations.
The objective of the first two amendments is to lessen the burden on businesses wanting to use
existing common areas in a commercial manner and to make small expansions to their building
without triggering affordable housing fee requirements. The objective of the food vending
changes is to simplify the program and to allow food vending to be done in more areas. Outdoor
food vending would still only be allowed on private property or on public property where a lease
has been approved by the City.
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance on first reading and for the public hearing to be held
on June 10th (with the current Council).
SUMMARY-COMMERCIAL USE OF COMMON AREAS
The creation of new commercial space in the City requires provision of housing and other
mitigations, which can be cost-prohibitive. The mitigation is based on "net leasable area" and
does not count common hallways, lobbies, and similar common areas of commercial buildings
that are not typically rented to an individual business.
Several buildings have substantial interior "mall" areas — the North of Nell building, for
example. These interior arcades could support commercial uses and could be a place for
"incubator" or "start-up" businesses to initiate. Commercial brokers contacted for this ordinance
suggest that more interest may arise if limitations are relaxed.
SUMMARY-SMALL COMMERCIAL EXPANSIONS
Expanding the size of a commercial building also triggers the provision of housing and other
mitigations. For a building expansion of up to 250 square feet, the current process is
administrative, but the costs of mitigation can be a significant obstacle. For larger expansions,
not only is the mitigation required but a full growth management application must be submitted
for City review.
Recently, businesses and building owners have requested some relief for "minor" expansions.
The proposed changes would allow commercial buildings to expand up to 500 square feet
without housing mitigation. Other impact fees and permitting costs would still be required. A
design review for exterior changes may also still be necessary and this would involve hearings.
If adopted, each building would be limited to 500 square feet of expansion through this program
(cumulative). As most buildings contain multiple businesses, the property owner would need to
decide how and when the expansion could occur and which businesses it would serve.
Staff suggests this approval simply allow for an addition to a building's leasable area — and not
limit how the new space is used. Some spaces created may be for storage, back-of-house items.
Other spaces may be for seating or retail area. Some new spaces may allow for back-of-house
items to be moved to free-up other areas for more seating or retail. As time goes on, trying to
track and enforce which part of which building can be used for what purpose will create
headaches for all involved. A far simpler approach is to allow all commercial space to be used
for commercial purposes and let businesses decide how to arrange their space.
Staff also suggests that permitting mitigation-free expansions for all buildings diminishes the
advantage historic buildings enjoy for mitigation-free expansions. Staff believes it is important
for historic landmark buildings to enjoy distinct incentives. If this is a concern, the exemption
for historic properties could be increased as well.
SUMMARY—OUTDOOR FOOD/BEVERAGE VENDING
The City currently allows for outdoor food vending. These operations are limited to operating on
private property and within public areas that have been leased (such as mall leases). Operations
are limited to a footprint of no more than 50 square feet. Permits are temporary, valid for 6
months. Applicants can apply for recurring permits. Only 4 outdoor operations are allowed and
they are limited to the Commercial Core district (Main to Durant, Monarch to Hunter).
The proposal would maintain the private property and 50 square foot stipulations. Permits would
be available for one-year periods, could be renewed, and the limit of 4 operations would be
lifted. The proposal also expands the area where vending could occur, including the CI, NC, and
CL zones. This is the downtown plus the City Market and Clark's Market areas.
City staff has received generally good feedback for these operations. The shaved ice stand and
the organic farm stand have been popular. Other operations have come and gone with some
mixed reaction from the public.
Commercial brokers were generally okay with the proposed changes. There was some hesitation
for removing the limit of 4 operations, feeling that food carts could take business away from
existing lunch places.
WHY NOT"LOCALLY-SERVING"OR`LOCALLY-MADE"OR"LOCALLY-OWNED"LIMITS?:
The community has had some version of a `locally-serving-commercial' aspiration for 40-some
years. The stumbling point has always been around definition—deciding who's in (and not).
Most-recently, the City installed a two-year moratorium with the aim of defining locally-serving
commercial uses. The City looked at business quotas, special reviews by a new board to
determine what businesses can open, ways to prohibit "chain" stores, ways to regulate non-local
ownership, ways to regulate price-point, ways to dictate products, ways to prohibit "high-end" or
"luxury" brands, etc. The City even researched direct subsidies for some essential business types.
As part of this effort, the City contemplated quotas or limits on jewelry stores, fur store, and
galleries. None of the concepts gained community favor. The one idea that gained mediocre
support was for the City to open its own store and sell whatever it decided to sell. After two
years the City lifted the moratorium with no changes to the Code.
Eventually all locally-serving discussions return to a fundamental question of definition — who's
in and who's not in. Does a jewelry store qualify? Does a ski shop? The question gets tougher
with real examples — is Peach's locally-serving? Is Pitkin County Dry Goods locally-serving?
The gas station, the Wheeler, Ute Mountaineer, etc. Most of the work staff has done on this
topic has been a way to deflect this core question of who's in and who's not in. Staff believes
the question of which businesses can operate in these spaces would return to this core question.
For example—It is likely that the common area on the Clark's market building would be used by
Ace Hardware to sell shovels, barbeque grills, and bags of lawn fertilizer. This space has been
used for this purpose for awhile. Having the City try to manage where the fertilizer is made or
who can buy a grill will be taxing on staff. More importantly, it does not seem productive.
The larger interior "mall" spaces downtown may be used by a variety of businesses — either
existing business expanding their footprint or new stand-alone businesses selling their wares.
Products could range from unique local art, to skis, to organic fruit, to sunglasses or a stand
selling cell phone covers. These types of stores will be successful if they respond to a demand in
the community. Again, trying to manage where products are made, or who they serve, or where
the business is officially headquartered presents a bureaucratic quagmire for staff and for anyone
wanting to open one of these businesses.
Lastly, this may be a solution in search of a problem. If a pop-up store opens in one of the large
interior mall spaces and sells sunglasses, is that a problem? Is it a problem if the Ace Hardware
shovels are made in Indiana? Or, Taiwan? Policy discussions around this topic usually highlight
our desire for small, locally-serving, unique, fun, hip, incubator, start-up, locally-owned, mom-n-
pop stores that are inexpensive and loaded with character. The discussion usually includes much
reminiscing and "remember when..." stories.
These policy discussions have never clarified the problem — what problem is the City trying to
solve and what role should the City play. The "problem" is usually stated as a scenario — "so
and so is going to be selling high-end , or cheap (and I don't think I need those things)."
That scenario may play-out, but what is the problem and does it justify the use of police power
through zoning? And, if people really don't want those things, won't the problem solve itself?
Staff sympathizes with the desire for character-rich, unique, funky stores. But it may be a goal
that is not achievable through regulation. Staff does believe the best approach may continue to
be the community cooperative idea discussed during the moratorium.
RECOMMENDATION:
Staff finds the proposed amendments in conformance with the code amendment criteria
codified at 26.310.050 of the City's Land Use Code and is recommending approval.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move approval of Ordinance No. , Series of 2013, on first reading."
ATTACHMENTS:
A—Proposed Ordinance
B—Redlined text
ORDINANCE No._
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO
CHAPTER 26.470 OF THE CITY OF ASPEN LAND USE CODE—GROWTH
MANAGEMENT
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 use of common areas within commercial
buildings, the requirements for minor expansions of commercial buildings, and the requirements
for outdoor food/beverage vending; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach, including multiple public work sessions with the City
Council and review with local commercial brokers; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapter 26.470 as described herein;
and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
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
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section l: Chapter 26.470.060 of the City of Aspen Land Use Code, which section defines the
process and requirements for certain types of development, shall read as follows:
Sec. 26.470:060. Administrative applications.-
The following types of development shall be approved, approved with conditions or denied by
the Community Development Director, pursuant to Section 26.470.110, Growth management
review procedures, and the criteria for each type of development described below. Except as
noted, all growth management applications shall comply with the general requirements of
Section 26.470.050. Except as noted, all administrative growth management approvals shall be
deducted from the respective development ceiling levels but shall not be deducted from the
annual development allotments. Administrative approvals apply cumulatively.
1. Single-family and duplex development on historic landmark properties. The
development of one (1) or multiple single-family residences or a duplex on a parcel of land
Ordinance No. Series 2013,
page 1
designated as an historic landmark and which contains an historic resource shall be approved by
the Community Development Director. This review applies to the rehabilitation of existing
structures, reconstruction after demolition of existing structures and the development of new
structures on historic landmark properties. No affordable housing mitigation shall be required,
provided that all necessary approvals are obtained, pursuant to Chapter 26.415, Development
Involving the Inventory of Historic Landmark Sites and Structures, and provided that the parcel
contains an historic resource.
Development of single-family or duplex structures on an historic landmark property that does not
contain an historic resource (for example, a new house on a vacant lot which was subdivided
from an historic landmark property) shall be subject to the provisions of Paragraph 26.470.060.2,
Single-family and duplex dwelling units.
2. Single-family and duplex dwelling units. The following types of development of single-
family or duplex structures shall require the provision of affordable housing in one (1) of the
methods described in Subparagraph c:
a. The development of a new single-family, multiple detached residential units when
permitted in the zone district or a duplex dwelling on a vacant lot in one (1) of the
following conditions:
1) A vacant lot created by a lot split, pursuant to Subsection 26.480.O6O.C.
2) A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.03O.A.4,
when the subject lot does not itself contain an historic resource.
3) A vacant lot that was subdivided or was a legally described parcel prior to November
14, 1977, that complies with the provisions of Subsection 26.480.020.E, Aspen
Townsite lots.
These new residential units shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
annual development allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached
residential units when permitted in the zone district or a duplex dwelling, regardless of
when the lot was subdivided or legally described. These redeveloped units shall not
require a growth management allocation and shall not be deducted from the respective
annual development allotments or development ceiling levels established pursuant to
Section 26.470.030.
c. Affordable housing requirements for the types of single-family and duplex development
described above shall be as follows:
Single-family. In order to qualify for a single-family approval, the applicant shall
have five (5) options:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage
Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through
special review to be attached and/or partially or fully subgrade, pursuant to
Chapter 26.520;
Ordinance No. Series 2013,
Page 2
3) Providing an off-site affordable housing unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording a resident-occupancy (RO) deed restriction on the single-family
dwelling unit being constructed.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net
increase of square footage, according to Aspen/Pitkin County Housing Authority
Guidelines, as amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have six (6)
options:
1) Providing one (1) free-market dwelling unit and one (1) deed-restricted resident-
occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or
carriage houses (or one [1] of each), or one (1) above-grade, detached ADU or
carriage house with a minimum floor area of six hundred (600) net livable square
feet, pursuant to Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable square feet authorized through special review to be attached and/or
partially or fully subgrade, pursuant to Chapter 26.520;
4) Providing an off-site affordable housing unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units; or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net
increase of square footage, according to Aspen/Pitkin County Housing Authority
Guidelines, as amended.
3. Change in use of historic landmark sites and structures. The change of use between the
development categories identified in Section 26.470.020, of a property, structure or portion of a
structure designated as an historic landmark shall be approved, approved with conditions or
denied by the Community Development Director if no more than one (1) free-market residence is
created. No employee mitigation shall be required. If more than one (1) free-market residence is
created, the additional units shall be reviewed pursuant to Paragraph 26.470.080.2. The change
in amount of development and number of units shall be added and deducted from the respective
development ceiling levels established pursuant to Section 26.470.030 but shall not be added or
deducted from the respective annual development allotments.
4. Minor enlargement of an historic landmark for commercial, lodge or mixed-use
development. The enlargement of a property, structure or portion of a structure designated as an
Ordinance No._,Series 2013,
P i g e 3
historic landmark for commercial, lodge or mixed-use development shall be approved, approved
with conditions or denied by the Community Development Director based on the following
criteria. The additional development of uses identified in Section 26.470.020 shall be deducted
from the development ceiling levels established pursuant to Section 26.470.030 but shall not be
deducted from the respective annual development allotments.
a. If the development increases either floor area or net leasable space/lodge units, but not
both, then no employee mitigation shall be required.
b. If the development increases both floor area and net leasable space/lodge units, up to four
(4) employees generated by the additional commercial/lodge shall not require the
provision of affordable housing. An expansion generating more than four (4) employees
shall not qualify for this administrative approval and shall be reviewed pursuant to
Paragraph 26.470.070.1.
c. No more than one (1) free-market residence is created. This shall be cumulative and shall
include administrative GMQS approvals granted prior to the adoption of Ordinance No.
14, Series of 2007.
5. Minor expansion of a commercial, lodge or mixed-use development. The minor
enlargement of a property, structure or portion of a structure for commercial, lodge or mixed-use
development shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria. The additional development of uses
identified in Section 26.470.020 shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030 but shall not be deducted from the respective annual
development allotments.
a. The expansion involves no more than five hundred (500) square feet of net leasable space
and up to two (2) hotel/lodge units. The expansion involves no residential units. No
employee mitigation shall be required. This shall be cumulative and shall include
administrative GMQS approvals granted prior to the adoption of Ordinance No., Series of
2013.
6. Alley stores. The expansion or conversion of an existing commercial or mixed-use building,
or portion thereof, or the development of a new commercial or mixed-use building to
accommodate a storefront along an alleyway shall be approved, approved with conditions or
denied by the Community Development Director based on the following criteria:
a. The commercial space or spaces shall be no greater than six hundred (600) gross square
feet per space, including storage and other nonleasable space, and shall have no internal
connection to any other space. Multiple spaces may be created.
b. The commercial space shall not reduce the property's utility/trash/recycle service area
requirement unless such reduction is approved pursuant to Chapter 12.10
c. Alley stores that front entirely on an alleyway with no fenestration or direct access along
a primary street shall not require the provision of affordable housing.
7. Commercial use of common spaces within commercial buildings. The commercial use of
interior common areas within commercial and mixed-use buildings containing commercial use
(a.k.a. "non-unit spaces," "arcades," "hallways," "lobbies," or "malls") shall be approved,
Ordinance No._ Series 2013,
Pa< , e4
approved with conditions or denied by the Community Development Director based on the
following criteria. The additional development of uses identified in Section 26.470.020 shall be
deducted from the development ceiling levels established pursuant to Section 26.470.030 but
shall not be deducted from the respective annual development allotments.
a. The expansion involves no more than five-hundred (500) square feet of net leasable space
per building, cumulative. The additional area can be used by an existing business within
the building or by "stand-alone" businesses. Multiple spaces may be created. No
employee mitigation shall be required. Compliance with all building and fire codes is
mandatory.
8. Outdoor food/beverage vending license. Outdoor food/beverage vending shall be
approved, approved with conditions or denied by the Community Development Director based
on the following criteria:
a. Location. All outdoor food/beverage vending must be on private property and may be
located in the Commercial Core (CC), Commercial (C 1), Neighborhood Commercial
(NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on
public property that is subject to an approved mall lease. Additional location criteria:
1) The operation shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
2) Normal operation, including line queues, shall not inhibit the movement of pedestrian
or vehicular traffic along the public right-of-way.
3) The operation shall not interfere with required emergency egress or pose a threat to
public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be
maintained for building entrances and exits.
b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50)
square feet per operation. The area of activity shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the food
vending activity.
c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excludin
Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (500
of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted
on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts
towards this calculation. Food carts may have a sandwich board sign in accordance with
the regulations found within Chapter 26.510.
d. Environmental Health Approval. Approval of a food service plan from the Environmental
Health Department is required. The area of outdoor food vending activities shall include
recycling bins and a waste disposal container that shall be emptied daily and stored inside
at night and when the outdoor food vending activities are not in operation. Additionally,
no outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code
Section 13.08.100, Restaurant Grills.
e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must
comply with adopted building and fire codes. Applicants are encouraged to meet with
the City's Building Department to discuss the vending cart/stand.
Ordinance No._,Series 2013,
Page 5
f. Application Contents. An application for a food/beverage vending license shall include
the standard information required in 26.304.030.13, plus the following:
1) Copy of a lease or approval letter from the property owner.
2) A description of the operation including days/hours of operation, types of food and
beverage to be offered, a picture or drawing of the vending cart/stand, and proposed
signage.
3) The property survey requirement shall be waived if the applicant can demonstrate
how the operation will be contained on private property.
g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1)
year period beginning on the same the date that the Notice of Approval is signed by the
Community Development Director. This one (1) year period may not be separated into
non-consecutive periods.
h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon
renewal the Community Development Director shall consider the returning vendor's past
performance. This shall include, but shall not be limited to, input from the
Environmental Health Department, Chief of Police, special event staff, and feedback
from adjacent businesses. Unresolved complaints may result in denial of a renewal
request.
i. Business License. The vending operator must obtain a business license.
j. Affordable Housing and Impact Fees Waived. The Community Development Director
shall waive affordable housing mitigation fees and impact fees associated with outdoor
food/beverage vending activities.
k. Maintenance and public safety. Outdoor food/beverage vending activities shall not
diminish the general public health, safety or welfare and shall abide by applicable City
regulations, including but not limited to building codes, health safety codes, fire codes,
liquor laws, sign and lighting codes, and sales tax license regulations.
1. Abandonment. The City of Aspen may remove an abandoned food/beverage vending
operation, or components thereof, in order protect public health, safety, and welfare.
Costs of such remediation shall be the sole burden of the property owner.
m. Temporary Cessation. The Community Development Director may require a temporary
cancelation of operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food/beverage cart will
create a public safety issue or create an excessive burden on the event activities.
n. License Revocation. The Community Development Director may deny renewal or
revoke the license and cause removal of the food/beverage vending operation if the
vendor fails to operate consistent with these criteria. An outdoor food/beverage vending
license shall not constitute nor be interpreted by any property owner, developer, vendor,
or court as a site specific development plan entitled to vestm,&under Article 68 of Title 24
of the Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this
subsection are subject to revocation by the City Manager or Community Development
Director without requiring prior notice.
Ordinance No._,Series 2013,
Page 6
(Ord. No. 14, 2007, §1; Ord. No. 6—2010, §3 ;Ord. No. 913, 2010 §1;)
Section 2: Effect Upon Existing Litillation.
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 3: 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 4: 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 5: Notice of Public HearinIz.
A public hearing on this ordinance shall be held on the 10`" day of June, 2013, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130
S. Galena St., Aspen, Colorado, a minimum of fifteen days prior to the first hearing a public notice of
the same was published in a newspaper of general circulation within the City of Aspen.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28`" day of May,
2013.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor
FINALLY, adopted, passed and approved this day of , 2013.
ATTEST:
Kathryn S. Koch,City Clerk Michael C. Ireland,Mayor
Approved as to form:
James R True,City Attorney
Ordinance No._,Series 2013,
3) Providing an off-site affordable housing unit within the Aspen Infll Area
accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines,as amended;or
5) Recording a resident-occupancy (RC) deed restriction on the single-family
dwelling unit being constructed.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net
increase of square footage, according to Aspen/Pitkin County Housing Authority
Guidelines,as amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have six (6)
options:
1) Providing one (1) free-market dwelling unit and one(1) deed-restricted resident-
occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred(1,500)square feet;
2 Providing either two 2 above-grade, detached accessory dwelling units or
carriage houses (or one [1]of each), or one (1) above-grade, detached ADU or
carriage house with a minimum floor area of six hundred(600)net livable square
feet,pursuant to Chapter 26.520;
3) Providing either two(2)accessory dwelling units or carriage houses(or one[1]of
each)or one(1)ADU or carriage house with a minimum of six hundred(600)net
livable square feet authorized through special review to be attached and/or
partially or fully subgrade,pursuant to Chapter 26.520;
4) Providing an off-site affordable housing unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended;
5) Providing two(2)deed-restricted resident-occupied(RO)dwelling units;or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines,as amended.
7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net
increase of square footage, according to Aspen/Pitkin County Housing Authority
Guidelines,as amended.
3. Change in use of historic landmark sites and structures_ The change of use between the
development categories identified in Section 26.470.020,of a property, structure or portion of a
structure designated as an historic landmark shall be approved, approved with conditions or
denied by the Community Development Director if no more than one(1)free-market residence is
created. :N_o.em 1.o;ee,.mitig......................s hall.,,be requir.ed......If more than one(1)free-market residence is
created, the "_additional units shall be reviewed pursuant to Paragraph 26.470.080.2. The change
in amount of development and number of units shall be added and deducted from the respective
development ceiling levels established pursuant to Section 26.470.030 but shall not be added or
deducted from the respective annual development allotments.
4. Minor enlargement of an historic landmark for commercial, lodge or mixed-use
development. The enlargement of a property,structure or portion of a structure designated as an
Ordinance No. .Series 2013,
3
historic landmark for commercial, lodge or mixed-use development shall be approved,approved
with conditions or denied by the Community Development Director based on the following
criteria. The additional development of uses identified in Section 26.470.020 shall be deducted
from the development ceiling levels established pursuant to Section 26.470.030 but shall not be
deducted from the respective annual development allotments.
a. If the development increases either floor area or net leasable space/lodge units, but not
both,then no employee mitigation shall be required.
b. If the development increases both floor area and net leasable space/lodge units,up to four
(4) employees generated by the additional commercial/lodge shall not require the
provision of affordable housing. An expansion generating more than four(4)employees
shall not qualify for this administrative approval and shall be reviewed pursuant to
Paragraph 26.470.070.1.
c. No more than one(1)free-market residence is created. This shall be cumulative and shall
include administrative GMQS approvals granted prior to the adoption of Ordinance No.
14,Series of 2007.
5. Minor expansion of a commercial, lodge or mixed-use development. The minor
enlargement of a property, structure or portion of a structure for commercial, lodge or mixed-use
development shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria. The additional development of uses
identified in Section 26.470.020 shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030 but shall not be deducted from the respective annual
development allotments.
a. The expansion involves no more than tkao lie hundred (2.50500) square feet of net
leasable space ar—and up to two (2) hotel/lodge units. The expansion involves no
residential units. ;N4.._em.plover__m.itigation._shia.l.l be,.reyuired,,...This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of Ordinance
No.44,Series of 220072.0_13...
6. Alley stores. The expansion or conversion of an existing commercial or mixed-use building,
or portion thereof, or the development of a new commercial or mixed-use building to
accommodate a storefront along an alleyway shall be approved, approved with conditions or
denied by the Community Development Director based on the following criteria:
a. The commercial space or spaces shall be no greater than six hundred (600) gross square
feet per space, including storage and other nonleasable space, and shall have no internal
connection to any other space. Multiple spaces may be created.
b. The commercial space shall not reduce the property's utility/trash/recycle service area
requirement unless such reduction is approved pursuant to c etion 26.575 060 0h,ipter
12.10
c. Alley stores that front entirely on an alleyway with no fenestration or direct access along
a primary street shall not require the provision of affordable housing.
7. Commercial use of commons aces within commercial buildings. The commercial use of {Formatted:Font sold
.. ... ......
interior common areas within anci...mixed-use.._huildines containing_Comn ercial use
Ordinance No. .Series 2013,
F o g o 4
(a.k.a. "non-unit spaces," "arcades." "hallways," "lobbies." or "malls") shall be approved.
approved with conditions or denied by the Community Development Director based on the
folloyvina criteria. The additional development of uses identified in Section 26.470.020 shall be
deducted from ccilin4._IcN,ar ls.__eti tabli shed_purtivant_.toSection 26.470,030..._but
shall not be deducted from the respective annual development allotments.
a. The expansion involves no more than five-hundred(500)square teet of net leasable space- ' ri.rmacted:Indent Left: 0.25",Hanging
ct bu,tldin cumulative. fhe additional.._area can he (tS c_d._by._an_c�lsbng btt5i_ncss._��.ith_in I`o.zs..,Tae stop 0.5",Left+Not at 0 z5
the building? .or by "stand-alone'" businesses. Multiple spaces may be created. No
mitigation_sh_al_1...._be._reouired. Compliance with all building and fire.codes_..?_s
mandatorv.
8_Temporary-Outdoor food/beverage vending license. Outdoor ff ood/beverage
; ending .
(IF outdoor restawant Seating in the Gomiflei:eial Gore (CC) oi- Gommereial Lodge (CL) Zone
D*striet;shall be approved,approved with conditions or denied by the Community Development
Director based on the following criteria:
a. Location. All outdoor food/beveraye vending must be on private property and may be
shall be located in the Commercial Core (CC), C;om,rnet_cial (C l),. ''ei-g_hborhood,
Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending.
May Occur on publie property that is subject to an approved mall lease. Ter-rq.c +y-I<
Ventlin.`.....treaty:_.t�Herat t.he C70f-e aced
lws+a�esser that ha e awe in the asaeatle 1 beers.#f-afAed __::}::}je....tenatx>rar� fapc�ratitjn
shall undel.no 0WI-eunistanee be located in the public right ot'way. The nomial
of tht~...:fi:aot}..car♦;;i a7 el aatl ing line gtieues; !444 efE 41 h ibi t +elf ry ens ent e€ -o r
t a, r..,,ff e,,long the public F..ht of way. Othe.-Additional location criteria:that all
t}t�f'l.itatitaa?4
01 List be vv=ith
I) Mtd-6p It,-verrding_siies-,ha}I nt)t be itllowed f)r_any sia?gle tiwn t:ear entity..
I) The R)^ aeration shall be in a consistent location as is practically reasonable
and not intended to move on a daily basis throughout the duration of the permit.
2) Normal operation, including* line queues,shall not inhibit the movement of pedestrian
or vehicular traffic alonpthe public right-of-way.
3) The op.eraijcm.,_)od vendintt ears-shall b" d in a l0eatiOFI that does not interfere
with required emergency egress or pose a threat to public health, safety and welfare.
A minimum of six (6) foot ingress/egress shall be maintained for building entrances
and exits.
Size the area of_.outdoor food'beverage._�.ei cfim ,sa ti�._ities shall_.not 50)
n 5(quatc_fc,et_her operation _fhe area.of activity shall._bc dcfiried as...a eu>untea area
cc u>2ment.needed for_the food vending act_a�.ities {c_A..eovlct f��th drinks, snow lone
mac ne po7u?rn ma�hinc ,.ctcd and the,._space needed hy.._emplc_>ryees tca.__\,_ork,._the food
vendiiiz activity.
[, . Hate Si na e fnr tc+3rt �—#ec kx�tdoor food%bcvera�e vendint; carts shall he
9i
exempt from those requirements found within Land Use Code Section 26.510. Signs. but
Ordinance No.___,Series 2013,
P, S
not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty
percent (>0"%) of the surface area of the front of the ca�or si.x (6) square feet. Sign{s)
shall be...p untcd on or aflihul.to the part. 1n� I9kus lttteun ur si Tnage,on u .................................clla; r 11.1 canopres counts_toara�,ds.thrs calcuiatuon.,, l.oird.c iuts.nix, h_aNe i sandwich board_ m,
accordance.with the r4gu.latloris loundwlthin Chanter 26.51.0.11
d. Environmental Health Approval.Approval of a food service plan from the Environmental
Health Department is required. The area ofoutdoor food vendins activities shall include
reevclin, bins and a waste disnosal corltaincr that shall he emptied daily and stored inside
L t ni rht and when the outdoor fond vending activities are not in operation. Additionally--.
no outdoor, open-flame char-broiling shall be permitted pursuant to ytunicipa] Code
Section 13.08.100.Restaurant Grills.
e. Building and Fire Code Com pliance. All outdoor food/beverage vending o erations must.
conl�I with adopted builclin� and lire codes. A plicants are eneouragec to meet ��it.h
the C'ite's 13uilcling Department to discuss the vm ing cart/stand.
4)--Be fore..-a food Vending, cart can begin operati11").--ist._.fnus(rec ei Ye._app1'ova.I...:fro in__I.lie
>,` 1 . .ligation Contents. The Applieant shall efeate an operation plan
perttti�>rl f�l ttitjirtrf a rriirli+lattilr: An avplication
for a food/beverage Bending) license shall include the standard information required in
26...3.04.030.11....pl,u,S,the_t0l.lo��._i.n2
C opt of t lease ur<1ppTUt 31_lttk r lrotn the pl'opert` tllinf r'.. — Formatted:Space After: 6 pt,Numbered+
Level:1+Numbering Style:1,2_3
2) A description of the Operation including, dmS/hoUis of operation, types of food and at:1+Alignment:Left+Aligned at: 0.5"+
heverag.e to be offered. a picture or drawing of the vending carustand. and proposed Indent at. 0.75' j
signage.
3) The property survey requirernent shall be waived if the applicant can demonstrate
ho%t the operation �i .... _c ._ ._
.......... ......................................_......_......_...
f)..................... f i+itelidt"d.EtifVra-boll • Formatted:Indent:Left: 0",First line: 0",
Numbered+Level:1+Numbering Style:1,2,
3,.-+Start at:1+Alignment:Left+Aligned
at: 1"+Indent at: 1.25"
Formatted: No bullets or numbering
l.f.afTy eleffle t h-4 41e0twriAiCof1.plan iS whete/",ltei'-a--eniy )af V-efd4+g--Pe+01it+ l Formatted:Indent:Left: 0„,Space After: 6 p to i-evoke the
[>eI'fIt it. ability
Duration. The ternporary .. ' i •' f' ' '� — — Formatted:Space After 6 pt, No bullets or
period of' (6) inonths. !he, six (6) ffionth-Pei-iod shall begin on the sarne the date that the, numbering
NoticE of Ap[_woval is Sitned b- the /Go'Ininunity.Development Director. This..six (6) inonth
P_, eense Duration. Outdoor loc}d'beverage vending, licenses shill be valid_for a one (I
year period beginning on the same the date that the Notice of Approval is signed by the
C ornintnity Development Directo},__."I:his one (_1,.) year period.inaµ not_be separated into
non-consecutive periods.
Ordinance No._Series 2013,
P 6
h. License Renewal. Outdoor tood,%beverage vending licenses may be renewed. upon
renewal (-4He.e...t4e... i-N'.(-6)....M.ont}l{"e4ame...}1as e*pi tei t 10
:. tThe Community Development Director shall
consider a-.the returning vendor's past performance.-_,; in consitlering a permit renewal;
This shall include, but shall not be limited to, input from the Environmental Health
Department, Chief of Police, special event staff, and feedback from adjacent businesses.
Unresolved complaints may result in denial of a renewal request.
d:--BU`iine SS IiCellSC. The vending operator must obtain a business license.
i_
a...........,Aff.oidahl.e..._I.IOUSing.._and_.iri pact fees Wgiyed..........C'he._Cornniun_itr. })etie(��.pn7_ent..._})i.3ectcrt
shall �sai\e 1f(6i' able._l�-ousin _rnrti at_io.n fees and impact fees associated ��ithh._outdoor 1111 foodibeverage vending activities.
k..-.-_.l lmtc.nance .tnd__..public salet...... .( k.1 cxir._.lood bcseragc i encJ.ing_activities._shat l._ngt
diminish the general public health, safety or welfare and shall abide by applicable City
h;egulations,__.including_hut,._riot,_Li_m.ited..tg._buil_ding..codes,,.health safety codes fire codes
........_............-- T ---.s
liquor laws.sign and lighting codes.and sales tax license regulations.
1. Abandonment. The City of Aspen may remove an abandoned trod/beverage vending
of�eration_;__or..._:omponents_._thereofin.._ordert�z.gieca.....puhl_ic..._health_.._sa et�',..._and._elfare..
Costs of such remediation shall be the sole burden of the property owner.
m,_..."I emporars Cessation. The. C om.munitt_.l.)e\elgpment Director-may re qurre a tgnporar)
cancclatron ol..oper itaun to aecommocatc s ecial.events, s,or.tifnlrlai I,r;_e public
gatherings �iiuli action_��ill bc.t<i en r.l_it rs del ermined.that tlic..loodibt\,caage.._cut_�siII
truU���uhlr�_ti,.ifct� issue or create ancxce i�_eburdcn on the e1_eftl_dcti�rUtti_
n. License Revocation. The Community Development Director may deny renewal or
revolve the license and cause removal of the food beverage vending operation if the
vendor fails to operate consistent .vith these criteria. An outdoor food/beverage vending
license shall not constitute nor be iinterpreted by any property owner, developer, vendor,
or court as a site specific development plan entitled to vesting under Article 68 of Title 24
of the Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this
subsection are subject to revocation by the City Manager or Community Development
Director without requiring prior notice.
= _.__Iaev+lo}�inertt-+1+1 «tnr 113av rie{uire �i-le pora aticefation.-of th -,om-mtntv
apeiatians tip-aaee£inlMOdate spetiak v rrts;..k4imda-s...ell
si+ tf r_..}a}ge_ u{,}.io athering4:
be,...la-ken..i.f..it...is<# ttrnliried-that d1Z'trod-east-will-ereate-a-flub-tit,sal ty
issue af-create an Elf the eA'ent£3Lti�itic�: EI}£ �,onliTtUnit� I:}evelf)pnlr ill
rt liner
fail"to sue"retit£e;t:
c - listed -•` _ { Formatted:Indent:Lek: 0.5", No bullets or
Use r r od c,..r ,.., �� r n 4.070,r „ d use,,....r•,..,�;,,„ �,,. numbering
l= -- -Size; he-area-of out-dow food Vet ding aetiv}ties does 11(A ex-eeed}:£ft� {3(;] tifitk£1rC
:feet.;........44le'.....area.._ti:f:...ai;#tE}(K)r....:f E)E)Ef..._Vendiri{.?.....ael imVi k ets....shH.}}.....be....t}efi ned....aS....a-Eou nter....area.
ec}ui}}:)ment needed ftii the fexld-wendifte aetivitie, (e}j icx}fei:.Mt-h �fritilts snow co+ie
nlaettine fx txcirn..Mac,lline;etc.. line} tF+d space--needed-by emf4ovees to work ttte lix?d
yendin-actiw-iH.
Ordinance No._,Series 2013,
P,a i',r 7
........................:NE+tri#ef...........Vhe...x+t+tnbef t)r eta{afarat.y...{._huldoEW...l:of:t lXendif+g-ea}-ts allt}vaeEl ter+thi+�
the (+ty...E,I-Asf'ten...at....at�.N....gi.ie}3....t3+ 3l�al l_1e....l++�tted-_u:}.4i.*+t f4+ phi.s t+E+}tl}et-4}}hl.}....tie
based ttpen valid F;an'd t4ie Applieatwittns-appt-Etved by the Eoinn+unity 1)evelt+t4n.e*t
[3trectc�r: t'cx+d-vending-l�e:atitj+ts�tthi+t snter�era+eacic�-areexen+jet-fr�>n3 this-lin+ttatlf+u:
(Ord.No. 14,2007,§1;Ord.No.6—2010, §3 ;Ord.No.913,2010§1;)
Section 2: 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 3: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 4: 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 5: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the ]0`h day of June, 2013, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall, 130
S.Galena St.,Aspen,Colorado,a minimum of fifteen days prior to the first hearing a public notice of
the same was published in a newspaper of general circulation within the City of Aspen.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law,by the City Council of the City of Aspen on the 28`h day of May,
2013.
ATTEST:
Kathryn S. Koch,City Clerk Michael C.Ireland,Mayor
FINALLY,adopted,passed and approved this day of 2013.
ATTEST:
Kathryn S.Koch,City Clerk Michael C.Ireland,Mayor
Approved as to form:
James R True,City Attorney
Ordinance No._Series 2013,
P, � _ 8