HomeMy WebLinkAboutcoa.lu.ca.Farmers Market
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TO:
MEMORANDUM
The Mayo. "",, CI~ C""I! .)
Amy Margerum, City Manager~
John Worcester, City Attorney /fr /
Stan Clauson, Community Development Directo':" Y
Julie Ann Woods, Community Development Deputy Director
Mitch Haas, PlannerA ~
Farmers' Market Text/Code Amendments: Vending Agreements --- Second Reading
of Ordinance Number 13, Series of 1998.
THRU:
FROM:
RE:
DATE:
June 8, 1998
SUMMARY: The ordinance (Ordinance Number 35, Series of 1997) which approved the first setof
code amendments allowing farmers' markets as a conditional use in the City of Aspen's Public
(PUB) and Parks (P) zone districts included a directive for the Community Development Department
to bring forward a proposal for another set of code amendments that would allow for the possibility
of holding a farmers' market in a downtown, public street through a simplified, streamlined and less
costly land use review process.
Accordingly, staff is requesting approval of a proposed set of code amendments to Section
15.04.350, Vending on Public Parks and Rights-or-Way Prohibited, that would allow "farmers'
markets" in public streets within the Commercial Core (CC), Commercial (C-I), Neighborhood
Commercial (NC), or Service/Commercial/Industrial (S/C/I) zone districts. Along with the
requested amendments, it may also be necessary to refine the adopted definition of the term
"farmers' market," as found in Section 26.04.100, Definitions, ofthe Land Use Code. The proposed
amendments would still meet the original goals of providing for a public review process, referral
comments from various effected City departments, and the ability to place conditions on approvals.
Also, by amending Section 15.04.350, more flexibility in the siting of a farmers' market could be
gained; that is, the ability to locate a farmers' market in any downtown street would be possible (as
opposed to just those lands zoned Park or Public, as in the current code). Finally, the currently
proposed amendments would provide the streamlined, less costly, and simplified land use review
process desired by Council.
Staff recommends that City Council approve the code amendments proposed herein.
PREVIOUS ACTIONS: At the May II, 1998 First Reading of proposed Ordinance Number 13,
Series of 1998, City Council gave clear direction for staff to simplify and shorten the code
amendments as presented at that hearing. With the help of the City Attorney, staff of the
Community Development Department has significantly shortened the proposed amendments by
removing the specific rules and regulations from the text, but maintaining these as a code-referenced
C?mmunity Development Department hand-out.
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PROPOSAL: The Community Development Department proposes the following amendments to the
City of Aspen Municipal Code:
Section 15.04. '150. Vending On Public Parks and Rights-Q[-Wav:
The Community Development Department proposes to amend Section 15.04.350, Vending on Public
Parks and Rights-Of-Way Prohibited. The proposed amendments are the result of City Council's
directive, staff research, and the opinions and input of the various boards mentioned above.
Consequently, the proposed amendment would result in Section 15.04.350 reading as follows, with
items striekea em signifying language that would be removed from the existing text and items in
bold signifying the proposed amendment:
15.04.350 Vending on public parks and rights-of-way prohibited.
A. Vending Agreements.
1.-fa1 No person shall use or occupy any street, alley, mall, golf course, park or parkway
(whether in or on a vehicle, structure, building or otherwise) for the storage, display, or
sale of goods or services, wares, or merchandise, to solicit the sale of a service, or to
place or permit portable display signs on any street, alley, mall, golr course, park or
parkway within the City of Aspen; provided, however, that the prohibition or this
section shall not apply to any person who eaa has entered into a vending agreement with
the city to provide any such vending services and paid a processing fee equal to the
special event fee for minor events set forth at section 14.20.070 of this Code. The city
manager or her designee shall be authorized to execute and approve said vending
agreements on behalr of the city after considering:
(a)-flj The public need for such services;
(b)~ The availability of existing services;
(c)~ The availability or non-public property upon which to conduct the requested
activity;
(d)~ The costs of policing and administering the proposed vending service;
(e)-fA The revenues which can be reasonably expected to accrue to the city by
virtue of the vending services proposed; and,
(t) f91 Whether the vendor applying for such vending agreement will best serve the
public interest.
2.-fbj Any applicant aggrieved of a decision by the city manager concerning the denial or
terms of a vending agreement may seek an appeal of same to the city council. All
appeals must be submitted in writing to the city manager within ten (10) days of the
decision appealed from and set forth the grounds for the appeal. The city manager shall
promptly add the appeal to the next reasonably available. regular city council meeting
agenda. City council shall conduct a hearing on the appeal at which time the applicant
shall be heard and a decision rendered. Such decision need not be reduced to writing.
B. Vending Agreements ror Farmers' Markets. Farmers' Markets are permitted in any
downtown street in the Commercial Core (CC), Commercial (C-l), Neighborhood
Commercial (NC), or Service/CommerciaIlIndustrial (S/C/I) zone districts provided a
Vending Agreement is approved by the City Council. Streets that rorm the border
between the Commercial Core (CC) and Office (0) zone districts, or the Commercial
(C-l) and Office (0) zone districts, such as S. Monarch and S. Spring, respectively,
shall be eligible ror consideration. Streets alongside any area zoned Public (PUB) or
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Park (P) but within the traditional downtown, snch as S. Monarch between Durant
and Hyman, shall also be eligible ror consideration.
1. Minimum Requirements. The Commnnity Development Director shall promulgate
rules and regulations ror the establishment and operation or rarmers' markets. The
City Council shall incorporate such rules and regulations which it deems
appropriate in vending agreements.
2. Procedure. Pursuant to Section 26.52.020, the applicant shall conduct a pre-application'
conrerence with staff or the Community Development Department. As a result or the
conrerence, the planner shall prepare a pre-application summary providing the
appropriate application packet including the Submission Requirements and any other
pertinent land use material, enumerate the rees associated with the review(s), and
explain the review process in general.
Arter the pre-application conrerence summary is received by the applicant, said
applicant shall prepare an application ror review and approval by starr and the City
Council, respectively. In order to proceed with additional reviews or obtain a
-Development Order, the City Council shall, at a public hearing, find the submitted land
use application consistent with the provisions, reqnirements and standards or this
Section. Notice or the public hearing shall be in accordance with the requirements or
Section 26.52.060(E)(3)(a), as well as any other rorm(s) or notice required by the
Commuuity Development Director. City Council may approve, approve with
conditions, or deuy any application ror a rarmers' market by Resolution. An ordinance
is not required, and the signed resolutiou shall serve as the Vending Agreement.
3. Application. An application ror approval or new or modified rarmers' markets
shall comply with the submittal requirements applicable to conditional use reviews
pursuant to Chapter 26.52, Common Development Review Procedures, and Chapter
26.60, Conditional Uses, or the Aspen Municipal Code. Also, rarmers' market vending
agreement applications shall contain any other additional inrormation identified in the
pre-application conrerence summary.
. 4. Applicant. Applications ror or rrom individual vendors will not be accepted.
Applications ror Vending Agreements ror Farmers' Markets must be submitted on
behalr or an organization encompassing all vendors that would participate in the
particular market. The organization will need to select one or two persons to represent
the market in dealings with the City. The applicant/organization will be responsible ror
governance or the market and maintaining compliance with the rules and regulations
contained in this Section and in any conditions assigned to the approval or a vending
agreement.
Staff has attached an armotated list of potentially suitable locations for holding a farmers' market in
a public street (see Exhibit A).
Exhibit B, attached hereto, is intended to provide Council with an example of a boilerplate
Resolution/Vending Agreement where conditions and terms could be added or removed on a case-
by-case basis at Council's discretion. The boilerplate ResolutionNending Agreement would serve
as the farmers' market rules and regulations established by the Community Development Director
(pursuant to proposed Section 15.04.350(B)(2), as provided above), and an applicant would be
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required to fill in all applicable blanks and sign the draft document as part of the
application/submittal materials. Following Council's approval of a resolution for a farmers' market,
a new, case-specific vending agreement would be. prepared for signatures and attachment to the
resolution as an exhibit.
Section 26 04 1 00 D~finitions:
Staff proposes to amend the definitions section of the Land Use Code by slightly revising the
adopted definition for "farmers' market." The proposed amendment is the result of staff research
and informal conversations with producers that are experienced in the establishment, maintenance
and operations of farmers' markets in Colorado. The intent of the proposed change to the adopted
definition is to prevent "brokers" from being able to organize and establish a farmers' market in
Aspen. "Broker organized" markets tend to have the atmosphere of an outdoor grocery store rather
than that of a farmers' market. The idea is to ensure that the market would be a farmers' market
(organized and operated by farmers), not just a market that sells farmed products. Accordingly,
staffis recommending adoption of the following revised definition:
Farmers' market: A farmers' market is a market that established by an
organization or rarmers/producers to provides the opportunity for direct sale (by
farmers and/or their representatives) of primarily Colorado-grown produce, with the
potential for accessory sales of other agriculturally-related products, to wholesale or
retail buyers at stalls or other similar structures of a temporary nature.
Section 26.28.140 Commercial Core rCC):
The Community Development Department proposes to amend Section 26.28.140, Commercial Core
(CC) zone district, of the Municipal Code. The proposed amendments are intended to provide clarity
with regard to the ability to obtain a vending agreement for a farmers' market in the CC zone
district. The proposed amendment would result in the addition of a twentieth (20th) permitted use
in the CC zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.140
would read as follows, picking up with Permitted Use number 18 (items strielxea elit signify
language that would be removed from the existing text and items in bold signify the proposed
amendment):
18. Home occupations; aOO
19. Accessory buildings and uses,; and
20. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) or the Municipal Code.
Section 26.28.150. Commercial (C-l!:
The Community Development Department proposes to amend Section 26.28.150, Commercial (C-I)
zone district, of the Municipal Code. The proposed amendments are intended to provide clarity with
regard to the ability to obtain a vending agreement for a farmers' market in the C-I zone district.
The proposed amendment would result in the addition of a fourteenth (14th) permitted use in the C-
I zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.150 would read as
follows, picking up with Permitted Use number 12 (items striekea elit signify language that would
be removed from the existing text and items in bold signify the proposed amendment):
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12. Accessory buildings and uses; --aad
13. Food market,; and
14. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) orthe Municipal Code.
Section 2628160 Service/Commercial/Industrial (S/C/f)'
The Community Development Department proposes to amend Section 26.28.160,
Service/Commercial/Industrial (S/C/I) zone district, of the Municipal Code. The proposed
amendments are intended to provide clarity with regard to the ability to obtain a vending agreement
for a farmers' market in the S/C/I zone district. The proposed amendment would result in the
addition of a fifth (5th) permitted use in the S/C/I zone district. Thus, the Permitted Uses portion
(subsection B) of Section 26.28.160 would read as follows, picking up with Permitted Use number 3
(items striekea elit signify language that would be removed from the existing text and items in bold
signify the proposed amendment):
3. Home occupations; aOO
4. Accessory buildings and uses; and
5. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) or the Municipal Code.
Section 26.28.170. Neighborhood Commercial (Ne):
The Community Development Department proposes to amend Section 26.28.170, Neighborhood
Commercial (NC) zone district, of the Municipal Code. The proposed amendments are intended to
provide clarity with regard to the ability to obtain a vending agreement for a farmers' market in the
NC zone district. The proposed amendment would result in the addition of a fourteenth (14th)
permitted use in the NC zone district. Thus, the Permitted Uses portion (subsection B) of Section
26.28.170 would read as follows, picking up with Permitted Use number twelve (items striekea elit
signify language that would be removed from the existing text and items in bold signify the
proposed amendment):
12. Accessory residential dwellings restricted to affordable housing guidelines; aOO
13. Accessory buildings and uses; and
14. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) or the Municipal Code.
RECOMMENDATIONS: Staff recommends that City Council approve the following:
. The proposed code amendments to Section 15.04.350, Vending on Public Parks and Rights-of-
Way Prohibited, in order to allow for the possibility of holding a farmers' market in a downtown,
public street within the C-I, CC, S/C/I, or NC zone districts through a modified vending
agreement process;
. The revised definition of the term "farmers' market," as provided in this memorandum, dated
June 8, 1998; and,
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. The proposed code amendments to Sections 26.28.140, Commercial Core (CC), and 26.28.150,
Commercial (C-I), 26.28.160, Service/CommerciallIndustrial (S/CII), and 26.28.170,
Neighborhood Commercial (NC) to allow farmers' markets as a permitted use in all four zone
districts, provided a vending agreement has been obtained pursuant to Section 15.04.350(B).
RECOMMENDED MOTION: "I move to approve at a Second Reading the adoption of Ordinance
Number 13, Series of 1998."
EXHIBITS:
Exhibit A -- An annotated list of potentially suitable locations for holding a farmers' market in a
public street, and a corresponding map of listed locations.
Exhibit B -- An example of a Farmers' Market ResolutionNending Agreement intended to serve as a
boilerplate Resolution/Vending Agreement where conditions and terms can be added or
removed at Council's discretion. An applicant would be required to fill in all applicable
blanks and sign the document before submitting for consideration.
CITY MANAGER'S COMMENTS:
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MEMORANDUM
TO:
The Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester, City Attorney L.iZ /
Stan Clauson, Community Development Directdf ~
Julie Ann Woods, Deputy Director
Mitch Haas, Planner '*
Farmers' Market Text/Code Amendments: Vending Agreements m Section
15.04.350, Vendin~ on Public Parks and Rights-of-Way Prohibited --- First Reading.
of Ordinance NO'\d, S.eries of 1998.
FROM:
RE:
DATE:
May 11, 1998
SUMMARY: The ordinance (Ordinance Number 35, Series of 1997) which approved the first set of
code amendments allowing farmers' markets as a conditional use in the City of Aspen's Public
(PUB) and Parks (P) zone districts included a directive for the Community Development Department
to bring forward a proposal for another set of code amendments that would allow for the possibility
of holding a farmers' market in a downtown, public street through a simplified, streamlined and less
costly land use review process.
Accordingly, staff is requesting approval of a proposed set of code amendments to Section
15.04.350, Vending on Public Parks and Rights-or-Way Prohibited, that would allow "farmers'
markets" in public streets, alleys or malls. Along with the requested amendments, it may also be
necessary to refine the adopted definition of the term "farmers' market," as found in Section
26.04.100, Definitions, of the Land Use Code. The proposed amendments would still meet the
original goals of providing for a public review process, referral comments from various effected City
departments, and the ability to place conditions on approvals. Also, by amending Section 15.04.350,
more flexibility in the siting of a farmers' market could be gained; that is, the ability to locate a .
farmers' market in any downtown street would be possible (as opposed to just those lands zoned
Park or Public, as in the current code). Finally, the currently proposed amendments would provide
the streamlined, less costly, and simplified land use review process desired by Council.
Starr and the Planning and Zoning Commission recommend that City Council approve the
code amendments proposed herein. The Commission voted unanimously to rorward to City
Council a recommendation or approval with regard to these proposed code amendments.
BACKGROUND: At the September 8, 1997 City Council hearing, the Council members in
attendance expressed some interest in providing a methodology for allowing farmers' markets to
occur in the City's public streets and/or through a simplified land use review process. Having heard
and understood this, staff began to further' investigate the changes that would be required to
accommodate these goals.
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At the October 14, 1997 Council hearing, staff put forth a belief that both of these goals could be
met by amending Section 15.04.350, Vending on Public Parks and Rights-of-Way Prohibited, while
still meeting the original goals of providing for a public review process, referral comments from
various City departments, and the ability to place conditions on approvals.
Staff recommended that this possibility should not be considered instead of the proposal to allow
farmers' markets as a conditional use in both the Public and Parks zone districts. Rather, staff felt
that the vending agreement amendments should be considered in conjunction with the amendments
to the aforementioned zone districts. In other words, the code amendments to the Public and Parks
zone districts were still endorsed by the Community Development Department, but staff also felt it
advisable to bring forward an amendment to Section 15.04.350. Part of the logic behind this notion
included the idea that proposals for farmers' markets in either of the two affected zone districts
(Public or Parks) would be required to complete the conditional use review process (including a
public hearing before the Planning and Zoning Commission), then obtain a vending agreement and a
business licensees). By contrast, with amendments to Section 15.04.350, proposals to hold farmers'
markets in a public, downtown street could be accommodated through a simplified land use review.
process while still maintaining the ability for the City to address all its concerns.
In the currently proposed alternative, Section 15.04.350 would be amended to require that vending
agreement applications for farmers' market proposals go directly before City Council fora public
hearing (two readings); however, before going to Council, the Community Development
Department would conduct a review with referrals from all departments determined to have an
interest and prepare a memorandum outlining a unified staff recommendation including those
conditions felt to be necessary. In effect, proposals to hold a farmers' market in a public street
would not be required to complete the conditional use process, while proposals for farmers' markets
in the Public or Parks zone districts would. In addition, the conditional use review process carries a
fee of at least $450, plus fees for the vending agreement application and business licensing. The fee
.under the currently proposed alternative approach would be just $350 plus business licensing fees.
The indirect result of adopting both sets of amendments would be the City encouraging the locating
offarmers' markets in public streets more so than in the Public or Parks zone districts.
Consequently, Section Five of Ordinance Number 35, Series of 1997 included the following
language: "The City Council hereby directs staff to bring forward proposed code amendments to
Section 15.04.350, Vending on Public Parks and Rights-oi-Way Prohibited, in order to allow for the
possibility of holding a farmers' market in a public street, alley or mall through a simplified,
streamlined and less costly land use review process."
Given the fact that various City. Departments and volunteer committees have expressed serious
reservations regarding the potential of hosting a farmers' market in an alley or mall, staff has
decided to narrow the scope of the proposed amendments. The proposed amendments would allow
for the possibility of hosting a farmers' market in any downtown public street located in the
Commercial Core, C-I, Neighborhood Commercial, or Service/Commercial/Industrial zone districts.
There are many reasons staff feels that allowing farmers' markets is advisable. First, by allowing
them in only the two aforementioned zone districts and public rights-of-way, the City is given
control over the potential sites. Also, farmers' markets have, in other communities, been successful
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in helping to breathe new life into downtown neighborhoods by generating pedestrian activity and
community interaction. According to research done by Urban Marketing Collaborative (an east
coast consulting firm), farmers' markets generally depend on local residents. That is, farmers'
markets create a community meeting place; not only do they provide an opportunity for the farming
community to interact with other community members, but they are also places for informal
interaction and communication among the rest of the community. A meeting place is an important
contributor to the social fabric, allowing people to feel connected to each other and their community.
Therefore, the proposed code amendment is in harmony with the goals and vision of the Aspen Area
Community Plan. In addition, a farmers' market would go far in supporting the concept of "messy
vitality" which is so heavily promoted by the Aspen Area Community Plan.
PREVIOUS RECOMMENDATIONS: As mentioned above, on October 14th, the City Council
approved Ordinance Number 35, Series of 1997 which amended the Land Use Code to allow
farmers' markets as a conditional use in the Public (PUB) and Parks (P) zone districts. That
ordinance also provided a definition for the term "farmers' market" as well as a directive for the
Community Development Department to bring forward a proposal for another set of code
amendments that would allow for the possibility of holding a farmers' market in a public street
through a simplified and less costly land use review process.
In developing the first set of code amendments designed to allow for the possibility of hosting a
farmers' market in Aspen's Public (PUB) or Parks (P) zone districts, staff solicited the opinions of
the Downtown Enhancement and Pedestrian Plan task force (hereinafter referred to as the DEPP),
the Commercial Core and Lodging Commission (hereinafter referred to as the CCLC), the Historic
Preservation Commission (HPC), and the Parks Department. The following is a summation of their
opinions and recommendations.
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As a group, DEPP gave their endorsement to the concept of allowing farmers' markets within the
City and downtown area. The DEPP also added that they would want the review process to be
capable of providing for close scrutiny of the specifics/details of each particular proposal. At least
one member made it clear that he felt that it would be important to make sure a farmers' market in
Aspen would be confined to selling only Colorado-grown produce. In general, the DEPP indicated
that they would be eager to try out a farmers' market somewhere in town just to "see how it goes,"
provided the ability to make changes (including the ability to move its location) after evaluating its
impacts and successes is built into the approval (i.e., conditions of approval).
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The comments and opinions of the members of the CCLC were very similar to those of the DEPP
task force. The CCLC also endorsed the concept of allowing farmers' markets in the City of Aspen
and its downtown. The CCLC voiced some reservations with regard to the possibility of closing
public streets for any purposes, including farmers' markets. The reasons for these reservations,
however, were not articulated. In addition, the CCLC expressed a desire to be involved in the
review of individual, specific proposals for farmers' markets in the downtown core. The CCLC also
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suggested that it would be important to maintain an emphasis on the sale of produce, specifically
Colorado-grown produce.
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The Historic Preservation Commission (HPC) unanimously endorsed the concept of allowing
farmers' markets in the downtown area. The HPC also declared an interest in being involved in the
review of specific proposals by having the ability to forward their recommendation before a final
decision is rendered. Provided the proposed code amendments were approved, the HPC felt that
their input could come in the form of either holding a formal hearing, the results of which would be
forwarded to City Council as a recommendation, or they could provide their input during the public
comments portion of the vending agreement hearing.
Parks Department
The following is an excerpt from a July II, 1997 memo sent to the Community Development
Department from the Parks Department Director, Jeff Woods. Jeff s memo was written in response
to the proposal to allow farmers' markets as a conditional use in the Public and Parks zone districts.
Jeff stated that:
"The Parks Department supports activities which strengthen the mission of parks and open
space. One of those missions is providing activities which create opportunities for social
interaction. On the surface, a Farmers' Market seems to be a perfect fit for Parks. However, as
one looks at the details and operational requirements for these Markets several concerns arise.
In order for a Farmers' Market to work successfully they need to be in a location which has
good access to parking, commercial supportfacilities and be visible to the community.
"While the conditional use permit process seemingly protects the City interests, I believe it sends
the message that the Parks Department is supporting these facilities. This is a very important
issue since the main mission of the Parks Department is to preserve and maintain these lands for
today's and tomorrow's users. The public trust of this stewardship is essential for our
Department's continued support from the public. It is paramount that this concept go through a
public process before my department could support using parks for a Farmers' Market. . . If
through the process there is public support for the concept and our Department's reservations
are addressed, I am then willing to publicly support this 'Farmers Market' change to the land
use code. "
Community Development Department staff believes that the concerns of the Parks Department can
and would be fully addressed through the public process, whether it be for a conditional use review
or for a vending agreement. Like the conditional use review process, the proposed vending
agreement process offers opportunity for public input, a formal recommendation from the Parks
Department (as well as other departments such as police, fire, streets, parking, etc.), and the ability to
require as many conditions of approval as Parks and the City, in general, feel would be necessary to
adequately address all potential concerns. An indirect result of adopting the vending agreement
amendments, in addition to those already adopted, would be the City encouraging the locating of
farmers' markets in public streets more so than in the Public or Parks zone districts.
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Other Denartments
Besides those entities discussed above, Community Development Department staff worked closely
with the Environmental Health Department in drafting the proposed code amendments.
Additionally, input from the Finance, Engineering, Water, Housing, Electric, Fire, Police, and
Building Departments was solicited and utilized in preparing the proposed code amendments that
follow. Staff has attached an annotated list of potentially suitable locations for holding a farmers'
market in a public street (see Exhibit A).
Planning andZoning Commission
The code amendments proposed in this memorandum were brought before the Planning and Zoning
Commission on May 5, 1998. The Commission voted unanimously (4-0) to forward to City Council
a recommendation to approve the code amendments as proposed by staff and presented herein.
PROPOSAL: The City Council has expressed the opinion that closing of a public street for limited
hours of particular days would present an attractive option for the operating of a farmers' market in
Aspen. While the city code prohibits retail sales activity from taking place in public rights-of-way,
Section 15.04.350, Vending on Public Parks and Rights-of-Way Prohibited, contains a potential
"loop-hole" from this prohibition. The cited Section allows for retail sales on streets, alleys, malls,
golf courses, parks or parkways provided a vending agreement is obtained. If a vending agreement
pursuant to the cited Section is obtained, a' right-of-way encroachment permit also becomes
unnecessary. Closing of a public street, even for limited times, presents some logistic concerns on
the part of the Fire Department, Streets Department, Police Department, and Parking Division of the
Transportation Department; however, staff is confident that these concerns can and would be
adequately addressed during the review process (i.e., through conditions on the vending agreement).
If a vending agreement were obtained by an applicant, this would qualify as a land use approval,
thereby enabling the issuance of a business license.
The only problem with Section 15.04.350, as it is currently written, arises from the fact that it
contains some inadequacies with regard to its use for reviewing farmers' market proposals;
specifically, the Section lacks a sufficient procedural framework for comprehensive reviews, it does
not provide for public input, and it requires that the City Clerk carry out the. entire provess. Thus,
staff believes the vending agreement section of the code would need to be amended to compensate
for these and other inadequacies.
To compensate for these weaknesses, Section 15.04.350 needs to be amended to require that vending
agreement applications for farmers' market proposals go directly before City Council where public
input can be taken during the meeting; however, before going to Council, the Community
Development Department would conduct a review with referrals from all departments determined to
have an interest and prepare a memorandum outlining a staff recommendation including those
conditions felt to be necessary. Under the proposed amendments, applications for the location of a
farmers' market within any historic district would be reviewed by the City's Historic Preservation
Commission (HPC) in order to obtain the Commission's recommendation to City Council. In
reviewing applications for farmers' markets, the HPC would serve in an advisory capacity. .
One of the objectives behind these proposed amendments is to create a simplified process by which a
farmers' market could be established in the City of Aspen. At first glance, it would appear as though
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this goal has been completely forgotten or neglected in the drafting of the proposed amendments;
however, there is good reason for this appearance of complexity. The review of a farmers' market
proposal is inherently complex due to the various health code requirements, business licensing
regulations, logistics of closing public streets, etc. Rather than have an applicant submit a proposal
and get four to five weeks into the process before learning of the issues that will arise and conditions
of approval that will be required, staff feels that is would be best to include as many of the potential
issues and subsequent requirements as possible in the codified language. This would allow an
applicant enough foresight to respond to and address many, if not most, of the potential issues,
questions and requirements that would likely arise prior to submitting an application. Thus, what
appears to be a complicated process and set of requirements, is in actuality a means of being as "up
front" as possible in an effort to avoid pitfalls and complications late in the process.
The. Community Development Department proposes the following amendments to the City of Aspen
Municipal Code:
Section 15.04.350. Vending On Public Parks and Rights-Q,{-Wav:
The Community Development Department proposes to amend Section 15.04.350, Vending on Public
Parks and Rights-Of-Way Prohibited. The proposed amendments are the result of City Council's
directive, staff research, and the opinions and input of the various boards mentioned above.
Consequently, the proposed amendment would result in Section 15.04.350 reading as follows, with
items striekea eut signifying language that would be removed from the existing text and items in
bold signifying the proposed amendment:
15.04.350 Vending on public parks and rights-of-way prohibited.
A. Vending Agreements.
1.-fa1 No person shall use or occupy any street, alley, mall, golf course, park or
parkway (whether in or on a vehicle, structure, building or otherwise) for the storage,
display, or sale of goods or services, wares, or merchandise, to solicit the sale of a
service, or to place or permit portable display signs on any street, alley, mall, golf
course, park or parkway within the City of Aspen; provided, however, that the
prohibition of this section shall not apply to any person who !lad has entered into a
vending agreement with the city to provide any such vending services and paid a
processing fee equal to the special event fee for minor events set forth at section
14.20.070 of this Code. The city manager or her designee shall be authorized to
execute and approve said vending agreements on behalf of the city after considering:
(a)-Ef) The public need for such services;
(b)~ The availability of existing services;
(c~ The availability of non-public property upon which to conduct the
requested activity;
(d~ The costs of policing and administering the proposed vending service;
(e)~ The revenues which can be reasonably expected to accrue to the city by
virtue of the vending services proposed; and,
(t) f91 Whether the vendor applying for such vending agreement will best serve
the public interest.
2.-E6j Any applicant aggrieved of a decision by the city manager concerning the denial
or terms of a vending agreement may seek an appeal of same to the city council. All
appeals must be submitted in writing to the city manager within ten (10) days of the
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decision appealed from and set forth the grounds for the appeal. The city manager
shall promptly add the appeal to the next reasonably available regular city council
meeting agenda. City council shall conduct a hearing on the appeal at which time the
applicant shall be heard and a decision rendered. Such decision need not be reduced
to writing.
B. Vending Agreements ror Farmers' Markets. Section 15.04.350(B) shall apply to
any organization applying ror a vending agreement to allow the establishment or a
rarmers' market meeting the definition set rorth in Section 26.04.090, Definitions,
in any downtown street in the City or Aspen's Commercial Core (CC) or
Commercial (C-l) Zone Districts. Vending Agreements ror the establishment or a
rarmers' market in any and all other zone districts shall be prohibited, except as
allowed in the Public (PUB) and Parks (P) zone districts through the condition use
review process. Streets that rorm the border between the Commercial Core (CC)
and Office (0) zone districts, or the Commercial (C-l) and Office (0) zone
districts, such as S. Monarch and S. Spring, respectively, shall be eligible ror
consideration. Streets alongside any area zon\ld Public (PUB) or Park (P) but
within the traditional downtown, such as S. Monarch between Durant and
Hyman, shall also be eligible ror consideration.
1. No person shall use or occupy any downtown street (whether in or on a vehicle,
structure, building or otherwise) in the Commercial Core or C-l Zone Districts
ror the storage, display, or sale or goods, wares, merchandise, produce or other
agriculturally-related products, or to place or permit portable display signs on
any street within the City or Aspen; provided, however, that the prohibition or
this section shall not apply to any person who has entered into a vending
agreement with the City to provide any such vending services and paid' a
processing fee equal to the special event ree ror minor events set rorth at section
14.20.070 or this Code. The City Council shall be authorized to execute and
approve said vending agreements arter making a determination that the
rollowing review criteria and minimum requirements have been satisractorily
addressed and complied with:
(a) The applicant has agreed to limit the operation or the market to no more
than twenty (20) stalls/vendors and no more than two (2) days per week;
open to the public no earlier than 7 a.m. and closed no later than 2 p.m.;
and, limited to those weeks that rail between the first Saturday in June and
the weekend rollowing the Thanksgiving holiday, inclusive. These
limitations may be modified at the sole discretion or City Council as part or a
specific approval;
(b) The proposed market is consistent and compatible with the character ofthe
immediate vicinity or the parcel proposed ror development and surrounding
land uses, or enhances the mixture or complimentary uses and activities in
the immediate vicinity or the parcel proposed ror development;
(c) The location, size, design and operating characteristics of the proposed
market minimizes adverse errects, including visual impacts, impacts on
pedestrian and vehicular circulation (both within the market and in the
surrounding areas), parking, bus routes, trash, service delivery,
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neighborhood character, noise, vibrations and odor on surrounding
properties;
(d) There are adequate public racilities and services to serve the proposed
market including but not limited to roads, loading and unloading areas,
parking, electric, water, restrooms and sanitation, trash collection and
removal, police, fire protection, and emergency medical services;
(e) The proposed market serves a public desire that is not currently met or is
not available elsewhere in the community, and the vendor applying ror such
vending agreement will best serve the public interest;
(t) The applicant has provided documentation verirying that at least 60% or the
produce to be sold will be grown in Colorado. A signed and notarized
affidavit and/or proor that a vendor owns and operates a rarm capable or
producing the items to be sold shall be considered sufficient verification;
(g) For a site. within an historic overlay district, the Historic Preservation
Commission (HPC) shall review the proposal and make a recommendation
or approval, approval with conditions, or denial to the City Council; and,
(h) The proposed market complies with all additional standards imposed on it
by the Aspen Area Community Plan and by all other applicable
requirements or the Aspen Municipal Code, and the proposed market is in
. harmony with the recommendations or the Downtown Enhancement and
Pedestrian Plan (DEPP).
2. Minimum Requirements. . In additiOn to being required to comply with the
review standards or Section 15.04.350(B)(I), the rollowing rules shall apply to all
rarmers' market proposals in the City or Aspen:
(a) The temporary structures requiring permits shall comply with applicable
building codes, electrical codes, fire codes, rood service codes, and other City
regulations, and be issued all appropriate permits berore commencing
operations. Power generators are prohibited.
(b) Identification signs shall comply with the sign standards contained in
Chapter 26.36 or the Mnnicipal Code. Amplified music, use or microphones
or megaphones, or other auditory means or advertising or attention-
grabbing are prohibited.
(c) Bakery and other non-rresh produce/rruit/flower items must be
commercially prepared in a licensed commercial kitchen. Bakery items
must contain non-hazardous fillings and items must be properly pre-
packaged and labeled according to Colorado State Health codes. All
vendors are required to rollow State and local Health Department rules.
Pursuant to State regulations, the rollowing items are prohibited:
. home canned goods (including vegetables, salsas, rruits, jams or jellies),
. home baked goods,
. home dried meat jerky,
. items requiring rerrigeration, such as eggs, dairy products, etc., and
. "Potentially Hazardous Food," as defined in Appendix A or the State
rules and regulations ror Retail Markets. These include: (a) products
or animal origin such as meat, milk, fish, shellfish, edible crustacea, or
8
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poultry; or (b) products or plant origin that have been heat treated
(i.e., potatoes, rice, etc.); or (c) products or raw seed sprouts.
(d) Either the individual sellers or the rarmers' market organization as a whole
must provide their own prices, signs, change, packaging, tables, chairs, etc.
ror sale or items. Items ror sale must be clean, rresh and pest-rree; vehicles,
tables, and containers must also be presentable. No produce will be sold
directly orr the ground, off tailgates, or ont or the trunks or vehicles. The
operation must comply with established sanitary conditions, licensing and
inspections by the Aspen/Pitkin County Environmental Health Department
as well as the requirements or "The Rules and Regulations Governing the
Sanitation or Food Service Establishments In The State or Colorado,
Errective Date: July 31, 1990."
(e) Produce shall be priced by piece, count, each, package, bunch, etc.
However, no sales by weight will be permitted unless scales have a current,
valid seal or approval rrom the Colorado State Department or Agriculture,
Weights and Measures Division, and items are weighed on site.
(t) No customer admission charges will be permitted, and the produce or goods
that are sold are ror consumption orr-premises only. Eating areas consisting
or tables and/or chairs are prohibited.
(g) Sellers/vendors must leave their sales areas clean and rree or litter or any
kind. Both the individual sellers and the rarmers' market organization as a
whole has committed to accepting the responsibility or ensuring that the site
or the market will remain in its pre-market condition or better rollowing
each day or operation's closing and clean-up.
(h) To sell "Organic Certified" produce, the seller must have his/her current
certificate displayed on site.
(i) Each and every vendor must obtain a City or Aspen Business License at the
cost or a $150 business occupation tax per calendar year ror each location
they intend to occupy (the business occupation tax is subject to amendment,
,and the City Finance Department should be consulted ror inrormation
regarding current rees). In addition, each and every vendor must obtain a
State or Colorado Sales Tax License, collect all applicable sales taxes, and
remit said taxes to the City or Aspen and the State or Colorado, as
applicable.
(j) The organization and each individual vendor has agreed to sign and execute
an indemnifying liability waiver holding the City or Aspen and the County or
Pitkin, as well as their officers, agents, employees and volunteers harmless
rrom any and all damages, costs or expenses in law or equity that may arise
because or damages to property, or or personal injury received by reason or
or in the course or operating a vendor stand.
3. Procedure. Pursuant to Section 26.52.020, the applicant shall conduct a pre-
application conrerence with stafr or the planning division or the Community
-Development -Department. As a result of the conrerence, the planner shall
prepare a pre-application summary providing the appropriate application
packet including the Submission Requirements and any other pertinent land use
material, enumerate the rees associated with the review(s), and explain the
review process in general.
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Arter the pre-application conrerence summary is received by the applicant, said
applicant shall prepare an application ror review and approval by starr and the
City Council, respectively. In order to proceed with additional reviews or obtain
a -Development Order, the City Council shall, at a public hearing, find the
submitted land use application consistent with the provisions, requirements and
standards or Section 15.04.350(B). City Council may approve, approve with
conditions, or deny any application ror a rarmers' market by Resolution. An
ordinance is not required; the signed resolution shall serve as the Vending
Agreement.
Proposals ror the location or a rarmers' market within any historic district shall
be reviewed at a meeting by the City's Historic Preservation Commission (HPC)
in order to obtain the Commission's recommendation to City Council. In
reviewing applications ror rarmers' markets, the HPC shall serve in an advisory
capacity, and public input may be considered but is not required.
Business license applications cannot be issued unless and until final land use
approval has been granted by the City Council. When applying ror business
licensing, the applicant shall submit a copy or the signed vending agreement
granting the land use approval ror the subject rarmers' market.
4. Application. An application ror approval or new or modified rarmers'
markets shall comply with the submittal requirements applicable to conditional
use reviews pursuant to Chapter 26.52, Common -Development Review
Procedures, and Chapter 26.60, Conditional Uses, or the Aspen Municipal Code.
Also, rarmers' market vending agreement applications shall contain at least the
rollowing additional inrormation:
(a) Conceptual site plan or plans drawn to scale, specifying the approximate
number and location or stalls, support structures, and/or other accessory
uses, access, parking, rences, signs, lighting, and all adjacent land uses within
one-hundred (100') reet. Such plans and drawings should demonstrate
compliance with the Review Standards or this Section (15.04.350(B)(I) and
(2)).
(b) Conceptual elevation drawings simulating and specifying the design and
height or typical stalls, support structures, and/or other accessory structures.
(c) Written materials describing how the proposed plan would comply with each
or the review criterion contained in Sections 15.04.350(B)(1) and (2),
including a description or the logistics involved in the daily setting-up,
operating, and breaking-down/c1eaning-up or the proposed market. The
written materials shall also indicate the proposed days or operation, the
amount or proposed vendors and/or stalls, either specifically (i.e., 12 stalls)
or in range rorm (i.e., 10-15 stalls), the proposed season of operation, and
commitments to comply with each or the minimum requirements contained
in this section.
5. Applicant. Applications ror or rrom individual vendors will not be accepted.
Applications ror Vending Agreements for Farmers' Markets must be submitted
on behalr or an organization encompassing all vendors that would participate in
the particular market. The organization will need to select one or two persons to
represent the market in dealings with the City. The applicant/organization will
be responsible ror governance or the market. and maintaining compliance with
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the rules and regulations contained in this Section and in any conditions
assigned to the approval or a vending agreement.
6. Enrorcement. Enrorcement or compliance with all rules and regulations
contained in this Section, as well as all conditions or approval attached to specific
vending agreements shall be the responsibility or the City Zoning Officer, with
the exception or health code rules which shall be enforced by the Aspen/Pitkin
County Environmental Health -Department's inspectors.
7. Reservation or Rights. The City hereby reserves the right to review all vending
agreements ror farmers' markets after each market season, as explained in
Section 15.04.350(B)(1)(a). Upon review, the City Council may, at its discretion,
decide to revoke the vending agreement, extend it with new or revised
conditions, remove conditions, or require moving the market to an alternative
location.
Note: Staff has attached an annotated list of potentially suitable locations for holding a farmers'
market in a public street and complying with provisions suggested above (see Exhibit A).
Section 26 04. 100 DeJinitions:
Staff proposes to amend the definitions section of the Land Use Code by slightly revising the
adopted definition for "farmers' market." The proposed amendment is the result of staff research
and informal conversations with producers that are experienced in the establishment, maintenance
and operations of farmers' markets in Colorado. The intent of the proposed change to the adopted
definition is to prevent "brokers" from being able to organize and establish a farmers' market in
Aspen. "Broker organized" markets tend to have the atmosphere of an outdoor grocery store rather
than that of a farmers' market. The idea is to ensure that the market would be a farmers' market
(organized and operated by farmers), not just a market that sells farmed products. Accordingly,
staff is recommending adoption of the following revised definition:
Farmers' market: A farmers' market is a market that established by an
organization or rarmers/producers to provides the opportunity for direct sale (by
farmers and/or their representatives) of primarily Colorado-grown produce, with the
potential for accessory sales of other agriculturally-related products, to wholesale or
retail buyers at stalls or other similar structures of a temporary nature.
Section 26.28.140 Commercial Core (C(!:
The Community Development Department proposes to amend Section 26.28.140, Commercial Core
(CC) zone district, of the Municipal Code. The proposed amendments are intended to provide clarity
with regard to the ability to obtain a vending agreement for a farmers' market in the CC zone
district. The proposed amendment would result in the addition of a twentieth (20th) permitted use
in the CC zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.140
would read as follows, picking up with Permitted Use number 18 (items sti'iekea eut signify
language that would be removed from the existing text and items in bold signify the proposed
amendment):
18. Home occupations; aOO
19. Accessory buildings and uses,; and
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20. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) or the Municipal Code.
Section 26 28 150. Commercial (C-l!:
The Community Development Department proposes to amend Section 26.28.150, Commercial (C-I)
zone district, of the Municipal Code. The proposed amendments are intended to provide clarity with
regard to the ability to obtain a vending agreement for a farmers' market in the C-I zone district.
The proposed amendment would result in the addition of a fourteenth (14th) permitted use in the C-
I zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.150 would read as
follows, picking up with Permitted Use number 12 (items striekea elit signify language that would
be removed from the existing text and items in bold signify the proposed amendment):
12. Accessory buildings and uses; -and
13. Food market,; and
14. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) orthe Municipal Code.
Section 26 28.160 Service/Commercial/Industrial (.<i/C/l!:
The Community Development Department proposes to amend Section 26.28.160,
Service/CommerciallIndustrial (S/CII) zone district, of the Municipal Code. The proposed
amendments are intended to provide clarity with regard to the ability to obtain a vending agreement
for a farmers' market in the S/CII zone district The proposed amendment would result in the
addition of a fifth (5th) permitted use in the S/C/I zone district. Thus, the Permitted Uses portion
(subsection B) of Section 26.28.160 would read as follows, picking up with Permitted Use number 3
(items strielxea elit signify language that would be removed from the existing text and items in bold
signify the proposed amendment):
3. Home occupations; aOO
4. Accessory buildings and uses; and
5. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) or the Municipal Code.
Section 26.28.170 Neighborhood Commercial (NO'
The Community Development Department proposes to amend Section 26.28.170, Neighborhood
Commercial (NC) zone district, of the Municipal Code. The proposed amendments are intended to
provide clarity with regard to the ability to obtain a vending agreement for a farmers' market in the
NC zone district. The proposed amendment would result in the addition of a fourteenth (14th)
permitted use in the NC zone district. Thus, the Permitted Uses portion (subsection B) of Section
26.28.170 would read as follows, picking up with Permitted Use number twelve (items strielxea ellt
signify language that would be removed from the existing text and items in bold signify the
proposed amendment): -
12. Accessory residential dwellings restricted to affordable housing guidelines; aOO
13. Accessory buildings and uses; and
14. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) or the Municipal Code.
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RECOMMENDATIONS: Staff recommends that City Council to approve the following:
. The proposed code amendments to Section 15.04.350, Vending on Public Parks and Rights-of-
Way Prohibited, in order to allow for the possibility of holding a farmers' market in a downtown,
public street within the C-I, CC, SIC/I, or NC zone districts through a modified vending
agreement process;
. The revised definition of the term "farmers' market," as provided in this memorandum, dated
May 5,1998; and,
. The proposed code amendments to Sections 26.28.140, Commercial Core (CC), and 26.28.150,
Commercial (C-I), 26.28.160, Service/CommerciallIndustrial (S/CII), and 26.28.170,
Neighborhood Commercial (NC) to allow farmers' markets as a permitted use in all four zone
districts, provided a vending agreement has been obtained pursuant to Section 15.04.350(B).
RECOMMENDED MOTION: "I move to recommend approval of the proposed code amendments
to Section 15.04.350, Vending on Public. Parks and Rights-of-Way Prohibited, in order to allow for
the possibility of holding a farmers' market in a public street of the C-I, CC, SIC/II, or NC zone
,districts through a modified vending agreement process, as described in the MaY 5, 1998 staff
memorandum. I also move to adopt the revised definition of the term 'farmers' market,' as provided
in this memorandum, dated May 5, 1998. Finally, I move to approve the proposed code amendments
to Sections 26.28.140, Commercial Core (CC), 26.28.150, Commercial (C-I), 26.28.160,
Service/CommerciallIndustrial (S/CII), and 26.28.170, Neighborhood Commercial (NC) to allow
farmers' markets as a permitted use in all four zone districts, provided a vending agreement has been
obtained pursuant to Section 15.04.350(B)."
EXHIBITS:
Exhibit A -- An annotated list of potentially suitable locations for holding a farmers' market in a
public street, and a correspondirtg map of listed locations.
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EXHIBIT A
Potentially Suitable locations for a Farmers' Market in the street:
I. Hyman between Hunter and Galena (adjacent to pedestrian mall)
2. Hopkins between Hunter and Galena (few businesses fronting on street)
3. Hopkins between Mill and Monarch (few morning-hours businesses fronting on street)
4. Hunter between Cooper and Hyman (few businesses fronting on street)
5. Hunter betWeen Hopkins and Hyman (few businesses fronting on street)
6. Hunter between Main and Hopkins (perhaps too close to Main, but few businesses)
7. Monarch between Hyman and Hopkins (slightly higher traffic and a bit off the beaten
path, so to speak)
8. Monarch between Main and Hopkins (slightly higher traffic and perhaps a bit too
close to Main)
Others that could work, but would conflict with the Galena Street
Shuttle after September 7:
9. Hunter between Durant and Cooper (would enjoy good relationship with Gondola
. Plaza)
10. Cooper between Hunter and Galena (many businesses, otherwise a good location
with adjacencies to two pedestrian malls and busy pedestrian area)
II. Galena between Cooper and Hyman (many businesses, but active pedestrian area)
12. Galena between Hyman and Hopkins (many businesses, but active pedestrian area)
NOTES:
. The locations listed above are shown on the accompanying map (circled numbers on
map correspond with numbers on the list above).
. Mill Street does not work due to the Hunter Creek bus route (year-round).
. Galena Street not the most appropriate due to the many businesses fronting on Galena
and the Galena Street shuttle (9/7 - 5/31).
. Galena between Main and Hopkins is the Fire Department's Emergency Access route
to Hwy. 82.
· Hopkins between Galena and Mill would obstruct the Fire Department's ability to
enter and exit.
. Monarch between Durant and Hyman is part of the Hunter Creek bus rqute (year-
round), but would otherwise present an attractive location with Wagner Park adjacent
thereto and public restrooms nearby.
. Hyman between Mill and Monarch is part of the Hunter Creek bus route (year-round).
. Durant is used by all busses and is, therefore, not appropriate.
. Another potentially appropriate location might be the Dean Street right-of-way
between Mill and Galena, but it forms the border between the Park (P) and
Lodge/Tourist Residential (L/TR) zone districts. The proposed code amendments
would have to be modified to accommodate this site.
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
Stan Clauson, Community Development Directo~
Julie Ann Woods, Deputy Director .
THRU:
FROM:
Mitch Haas, Planner
RE:
Farmers' Market Text/Code Amendments: Vending Agreements --- Section
15.04.350, Vending on Public Parks and Rights-of-Way Prohibited
DATE:
May 5, 1998
SUMMARY: The ordinance (Ordinance Number 35, Series of 1997) which approved the first set of
code amendments allowing farmers' markets as a conditional use in the City of Aspen's Public
(PUB) and Parks (P) zone districts included a directive for the Community Development Department
to bring forward a proposal for another set of code amendments that would allow for the possibility
of holding a farmers' market in a downtown, public street through a simplified, streamlined and less
costly land use review process.
Accordingly, staff is requesting approval of a proposed set of code amendments to Section
15.04.350, Vending on Public Parks and Rights-or-Way Prohibited, that would allow "farmers'
markets" in public streets, alleys or malls. Along with the requested amendments, it may also be
necessary to refine the adopted definition of the term "farmers' market," as found in Section
26.04.100, Definitions, of the Land Use Code. The proposed amendments would stHl meet the
original goals of providing for a public review process, referral comments from various effected City
departments, and the ability to place conditions on approvals. Also, by amending Section 15.04.350,
more flexibility in the siting of a farmers' market could be gained; that is, the ability to locate a
farmers' 'market in any downtown street would be possible (as opposed to just those lands zoned
Park or Public, as in the current code). Finally, the currently proposed amendments would provide
the streamlined, less costly, and simplified land use review process desired by Council.
Staff is recommending that the Planning and Zoning Commission rorward a recommendation
or approval to City Council with regard to the code amendments proposed herein.
BACKGROUND: At the September 8, 1997 City Council hearing, the Council members in
attendance expressed some interest in providing a methodology for allowing farmers' markets to
occur in the City's public streets and/or through a simplified land use review process.
At the October 14, 1997 Council hearing, staff stated that these goals could be met by amending
Section 15.04.350, Vending on Public Parks and Rights-of-Way Prohibited, while still meeting the
original goals of providing for a public review process, referral comments from various City
departments, and the ability to place conditions on approvals.
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Staff recommended that this possibility should not be considered instead of the proposal to allow
farmers' markets as a conditional use in both the Public and Parks zone districts. Rather, staff felt
that the vending agreement amendments should be considered in conjunction with the amendments
to the aforementioned zone districts. In other words, the code amendments to the Public and Parks
zone districts were still endorsed by the Community Development Department, but staff also felt it
advisable to bring forward an amendment to Section 15.04.350. Part of the logic behind this notion
included the idea that proposals for farmers' markets in either of the two affected zone districts
(Public or Parks) would be required to complete the conditional use review process (including a
public hearing before the Planning and Zoning Commission), then obtain a vending agreement and a
business licensees). By contrast, with amendments to Section 15.04.350, proposals to hold farmers'
markets in a public, downtown street could be accommodated through a simplified land use review
process while still maintaining the ability for the City to address all its concerns.
In the currently proposed alternative, Section 15.04.350 would be amended to require that vending
agreement applications for farmers' market proposals go directly before City Council for a public
hearing (two readings); however, before going to Council, the Community Development
Department would conduct a review with referrals from all departments determined to have an
interest and prepare a memorandum outlining a unified staff recommendation including those
conditions felt to be necessary. In effect, proposals to hold a farmers' market in a public street
would not be required to complete the conditional use process, while proposals for farmers' markets
in the Public or Parks zone districts would. In addition, the conditional use review process carries a
fee of at least $450, plus fees for the vending agreement application and business licensing. The fee
under the currently proposed alternative approach would be just $350 plus business licensing fe.es.
The indirect result of adopting both sets of amendments would be the City encouraging the locating
of farmers' markets in public streets more so than .in the Public or Parks zone districts.
Consequently, Section Five of Ordinance Number 35, Series of 1997 included the following
language: . "The City Council hereby directs staff to bring forward proposed code amendments to
Section 15.04.350, Vending on Public Parks and Rights-of- Way Prohibited, in order to allow for the
possibility of holding a farmers' market in a public street, alley or mall through a simplified,
streamlined and less costly land use review process."
Because various City Departments and volunteer committees have expressed concerns regarding the
potential of hosting a farmers' market in an alley or mall, staff is providing amendments which
would allow for the possibility of hosting a farmers' market on downtown public streets located in or
adjacent to the Commercial Core, C-I, S/C/I or NC zone districts.
There are many reasons staff feels that allowing farmers' markets is advisable. First, by allowing
them in only the two aforementioned zone districts and public rights-of-way, the City is given
control over the potential sites. Also, farmers' markets have, in other communities, been successful
in helping to breathe new life into downtown neighborhoods by generating pedestrian activity and
community interaction. According to research done by Urban Marketing Collaborative (an east
coast consulting firm), farmers' markets generally depend on local residents. That is, farmers'
markets create a community meeting place; not only do they provide an opportunity for the farming
community to interact with other community members, but they are also places for informal
interaction and communication among the rest of the community. A meeting place is an important
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contributor to the social fabric, allowing people to feel connected to each other and their community.
Therefore, the proposed code amendment is in harmony with the goals and vision of the Aspen Area
Community Plan. In addition, a farmers' market would go far in supporting the concept of "messy
vitality" which is supported by the Aspen Area Community Plan.
PREVIOUS RECOMMENDATIONS: On October 14th, the City Council approved Ordinance
Number 35, Series of 1997 which amended the Land Use Code to allow farmers' markets as a
conditional use in the Public (PUB) and Parks (P) zone districts. That ordinance also provided a
definition for the term "farmers' market" as well as a directive for the Community Development
Department to bring forward a proposal for another set of code amendments that would allow for the
. possibility of holding a farmers' market in a public street through a simplified and less costly land
use review process.
In developing the first set of code amendments designed to allow for the possibility of hosting a
farmers' market in Aspen's Public (PUB) or Parks (P) zone districts, staff solicited the opinions of
the Downtown Enhancement and Pedestrian Plan task force (hereinafter referred to as the DEPP),
the Commercial Core and Lodging Commission (hereinafter referred to as the CCLC), the Historic
Preservation Commission (HPC), and the Parks Department. The following is a summation of their
opinions and recommendations.
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As a group, DEPP gave their endorsement to the concept of allowing farmers' markets within the
City and downtown area. The DEPP also added that they would want the review process to be
capable of providing for close scrutiny of the specifics/details of each particular proposal. At least
one member made it clear that he felt that it would be important to make sure a farmers' market in
Aspen would be confined to selling only Colorado-grown produce. In general, the DEPP indicated
that they would be eager to try out a farmers' market somewhere in town just to "see how it goes,"
provided the ability to make changes in location and condition of approval after evaluating its
impacts and success.
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The comments and opinions of the members of the CCLC were very similar to those of the DEPP
task force. The CCLC also endorsed the concept of allowing farmers' markets in the City of Aspen
and its downtown. The CCLC voiced general reservations with regard to closing public streets for
any purposes, including farmers' markets. In addition, the CCLC expressed a desire to be involved
in the review of individual, specific proposals for farmers' markets in the downtown core. The
CCLC also suggested that it would be important to maintain an emphasis on the sale of produce,
specifically Colorado-grown produce.
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The Historic Preservation Commission (HPC) unanimously endorsed the concept of allowing
farmers' markets in the downtown area. The HPC also declared an interest in being involved in the
review of specific proposals by having the' ability to forward their recommendation before a final
decision is rendered. Based on the proposed code amendments, the HPC felt that their input could
come in the form of either holding a formal hearing, the results of which would be forwarded to City
Council as a recommendation, or they could provide their input during the public comments portion
of the vending agreement hearing.
Parks Denartment
The following is an excerpt from a July II, 1997 memo sent to the Community Development
Department from the Parks Department Director, Jeff Woods. Jeffs memo was written in response
to the proposal to allow farmers' markets as a conditional use in the Public and Parks zone districts.
Jeff stated that:
"The Parks Department supports activities which strengthen the mission of parks and open
space. . One of those missions is providing activities which create opportunities for social
interaction. On the surface, a Farmers' Market seems to be a perfect fit for Parks. However, as
one looks at the details and operational requirements for these Markets several concerns arise.
In order for a Farmers' Market to work successfully they need to be in a location which has
good access to parking, commercial support facilities and be visible to the community.
"While the conditional use permit process seemingly protects the City interests, I believe it sends
the message that the Parks Department is supporting these facilities. This is a very important
issue since the main mission of the Parks Department is to preserve and maintain these lands for
today's and tomorrow's users. The public trust of this stewardship is essential for our
Department's continued support from the public. It is paramount that this concept go through a
public process before my department could support using parks for a Farmers' Market. . . If
through the process there is public support for the concept .and our Department's reservations
are addressed, I am then willing to publicly support this 'Farmers Market' change to the land
use code. "
Community Development Department staff believes that the Concerns of the Parks Department can
and would be fully addressed through the public process, whether it be for a conditional use review
or for ~ vending agreement. Like the conditional use review process, the proposed vending
agreement process offers opportunity for public input, a formal recommendation from the Parks
Department (as well as other departments such as police, fire, streets, parking, etc.), and the ability to
require as many conditions of approval as Parks and the City, in general, feel would be necessary to
adequately address all potential concerns. An indirect result of adopting the vending agreement
amendments, in addition to those already adopted, would be the City encouraging the locating of
farmers' markets in public streets more so than in the Public or Parks zone districts.
Other Denartments
Besides those entities discussed above, Community Development Department staff worked closely
with the Environmental Health Department in drafting the proposed code amendments.
Additionally, input from the Finance, Engineering, Water, Housing, Electric, Fire, Police, and
Building Departments was solicited and utilized in preparing the proposed code amendments that
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follow. Staff has attached an annotated list of potentially suitable locations for holding a farmers'
market in a public street (see Exhibit A).
PROPOSAL: The City Council has expressed the opinion that closing of a public street for limited
hours of particular days would present an attractive option for the operating of a farmers' market in
Aspen. While the city code prohibits retail sales activity from taking place in public rights-of-way,
Section 15.04.350, Vending on Public Parks and Rights-or-Way Prohibited allows for retail sales
on streets, alleys, malls, golf courses, parks or parkways provided a vending agreement is obtained.
A vending agreement makes a right-of-way encroachment permit unnecessary. Closing of a public
street, even for limited times, presents some logistic concerns on the part of the Fire Department,
Streets Department, Police Department, and Parking Division of the Transportation Department.
However, staff believes these concerns can be adequately addressed during the review process
through conditions on the vending agreement. If a vending agreement were obtained by an
applicant, this would qualify' as a land use approval, thereby enabling the issuance of a business
license.
However, Section 15.04.350 contains some inadequacies with regard to its use for reviewing
farmers' market proposals. The Section lacks a sufficient procedural framework for comprehensive
reviews, it does not provide for public input, and it requires that the City Clerk carry out the entire
process. Thus, staff believes the vending agreement section of the code would need to be amended
to address these inadequacies.
Section 15.04.350 needs to be amended to require that vending agreement applications for farmers'
market proposals go directly before City Council for a public hearing (two readings). However,
before going to Council, the Community Development Department would conduct a review with
referrals from all departments determined to have an interest and prepare a memorandum outlining a
staff recommendation, including those conditions determined to be necessary. Applications for the
location of a farmers' market within any historic district would then be reviewed by the City's
Historic Preservation Commission (HPC) in order to obtain the Commission's recommendation to
City Council. In reviewing applications for farmers' markets, the HPC would serve in an advisory
capacity.
One of the objectives behind these proposed amendments is to create a simplified process by which a
farmers' market could be established in the City of Aspen. The review of a farmers' market
proposal is inherently complex due to the various health code requirements, business licensing
regulations, logistics of closing public streets, etc. Rather than have an applicant submit a proposal
and get four to five weeks into the process before learning ofthe issues that will arise and conditions
of approval that will be required, staff feels that is would be best to include as many of the potential
issues and subsequent requirements as possible in the codified language. This would allow an
applicant enough foresight to respond to and address potential issues, questions, and requirements
that would likely arise prior to submitting an application. Thus, what appears to be a complicated
process and set of requirements, is in actuality a means of being as "up front" as possible in an effort
to avoid pitfalls and complications late in the process.
The Community Development Department proposes the following amendments to the City of Aspen
Municipal Code:
Section 15.04350. Vending On Public Parks and Rights-Q[-Wav:
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The Community Development Department proposes to amend Section 15.04.350, Vending on Public
Parks and Rights-Of-Way Prohibited. The proposed amendments are the result of City Council's
directive, staff research, and the opinions and input of the various boards mentioned above.
Consequently, the proposed amendment would result in Section 15.04.350 reading as follows, with
items striekea elit signifying language that would be removed from the existing text and items in
bold signifying the proposed amendment:
15.04.350 Vending on public parks and rights-of-way prohibited.
A. Vending Agreements.
1.-fa1 No person shall use or occupy any street, alley, mall, golf course, park or
parkway (whether in or on a vehicle, structure, building or otherwise) for the storage,
display, or sale of goods or services, wares, or merchandise, to solicit the sale of a
service, or to place or permit portable display signs on any street, alley, mall, golf
course, park or parkway within the City of Aspen; provided, however, that the
prohibition of this section shall not apply to any person who hat! has entered into a
vending agreement with the city to provide any such vending services and paid a
processing fee equal to the special event fee for minor events set forth at section
14.20.070 of this Code. The city manager or her designee shall be authorized to
execute and approve said vending agreements on behalf of the city after considering:
(a)-fl:) The public need for such services;
(b)~ The availability of existing services;
(c)-f.B The availability of non-public property upon which to conduct the
requested activity;
(d)-f41 The costs of policing and administering the proposed vending service;
(e)~ The revenues which can be reasonably expected to accrue to the city by
virtue of the vending services proposed; and,
(t) f91 Whether the vendor applying for such vending agreement will best serve
the public interest.
2.-fej Any applicant aggrieved of a decision by the city manager concerning the denial
or terms of a vending agreement may seek an appeal of same to the city council. All
appeals must be submitted in writing to the city manager within ten (10) days of the
decision appealed from and set forth the grounds for the appeal. The city manager
shall promptly add the appeal to the next reasonably available regular city council
meeting agenda. City council shall conduct a hearing on the appeal at which time the
applicant shall be heard and a decision rendered. Such decision need not be reduced
to writing.
B. Vending Agreements ror Farmers' Markets. Section 15.04.350(B) shall apply to
any organization applying ror a vending agreement to allow the establishment or a
rarmers' market meeting the definition set forth in Section 26.04.090, Definitions,
in any downtown street in or adjacent to the City or Aspen's Commercial Core
(CC), Commercial (C-l), Neighborhood Commercial (NC) or Service /
Commercial/Industrial (S/C/I) Zone Districts. Vending Agreements ror .the
establishment or a rarmers' market in any and all other zone districts shall be
prohibited, except as allowed in the Public (PUB) and Parks (P) zone districts
through the condition use review process. Streets that rorm the border between
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the Commercial Core (CC) and Orfice (0) zone districts, or the Commercial (C-l)
and Office (0) zone districts, such as S. Monarch and S. Spring, respectively, shall
be eligible ror consideration. Streets alongside any area zoned Public (PUB) or
Park (P) but within the traditional downtown, such as S. Monarch between
Durant and Hyman, shall also be eligible ror consideration.
1. No person shall use or occupy any downtown street (whether in or on a vehicle,
structure, building or otherwise) in the Commercial Core or Ccl Zone Districts
ror the storage, display, or sale or goods, wares, merchandise, produce or other
agriculturally-related products, or to place or permit portable display signs on
any street within the City or Aspen; provided, however, that the prohibition or
this section shall not apply to any person who has entered into. a vending
agreement with the City to provide any such vending services and paid a
processing ree equal to the special event ree ror minor events set rorth at section
14.20.070 or this Code. The City Council shall be authorized to execute and
approve said vending agreements after making a determination that the
rollowing review criteria and minimum requirements have been satisractorily
addressed and complied with:
(a) The applicant has agreed to limit the operation of the market to no more
than twenty (20) stalls/vendors and no more than two (2) days per week;
open to the public no earlier than 7 a.m. and closed no later than 2 p.m.;
and, limited to those weeks that rail between the first Saturday In June and
the weekend rollowing the Thanksgiving holiday, inclusive. These
limitations may be modified at the sole discretion or City Council as part or a
specific approval;
(b) The proposed market is consistent and compatible with the character or the
immediate vicinity or the parcel proposed ror development and surrounding
land uses, or enhances the mixture or complimentary uses and activities in
the immediate vicinity or the parcel proposed ror development;
(c) The location, size, design and operating characteristics or the proposed
market minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation (both within thjl market and in the
surrounding areas), parking, bus' routes, trash, service delivery,
neighborhood character, noise, vibrations and odor on surrounding
properties;
(d) There are adequate public racilities and servi~es to serve the proposed
market including but not limited to roads, loading and unloading areas,
parking, electric, water, restrooms and sanitation, trash collection and
removal, police, fire protection, and emergency medical services;
(e) The proposed market serves a public desire that is not currently met or is
not available elsewhere in the community, and the vendor applying ror such
vending agreement will best serve the public interest;
(t) The applicant has provided documentation verifying that at least 60% or the
produce to be sold will be grown in Colorado. A signed and notarized
affidavit and/or proor that a vendor owns and operates a rarm capable or
producing the items to be sold shall be considered sufficient verification;
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(g) For a site within an' historic overlay district, the Historic Preservation
Commission (HPC) shall review the proposal and make a recommendation
or approval, approval with conditions, or d.enial to the City Council; and,
(h) The proposed market complies with all additional standards imposed on it
by all other applicable requirements or the Aspen Municipal Code.
2. Minimum Requirements. In addition to being required to comply with' the
review standards or Section 15.04.350(B)(1), the rollowing rules shall apply to all
rarmers' market proposals in the City or Aspen:
(a) The temporary structures requiring permits shall comply with applicable
building codes, electrical codes, tire codes, rood service codes, and other City
regulations, and be issued all appropriate permits berore commencing
operations. Power generators are prohibited.
(b) Identification signs shall comply with the sign standards contained in
Chapter 26.36 or the Municipal Code. Amplified music, use or microphones
or megaphones, or other auditory means or advertising or attention-.
grabbing are prohibited.
(c) Bakery and other non-rresh produce/rruit/flower items must be
commercially prepared in a licensed commercial kitchen. Bakery items
must contain non-hazardous fillings and items must be properly pre-
packaged and labeled according to CO'lorado State Health codes. All
vendors are required to rollow State and local Health Department rules.
Pursuant to State regulations, the rollowing items are prohibited:
. home canned goods (including vegetables, salsas, rruits, jams or jellies),
. home baked goods,
. home dried meat jerky,
. items requiring rerrigeration, such as eggs, dairy products, etc., and
. "Potentially Hazardous Food," as defined in Appendix A or the State
rules and regulations ror Retail Markets. These include: (a) products
or animal origin such as meat, milk, fish, shellfish, edible crustacea, or
poultry; or (b) products or plant origin that have been hellt treated
(i.e., potatoes, rice, etc.); or (c) products or raw seed sprouts.
(d) Either the individual sellers or the rarmers' market organization as a whole
must provide their own prices, signs, change, packaging, tables, chairs, etc.
ror sale or items. Items ror sale must be clean, fresh and pest-rree; vehicles,
tables, and containers must also be presentable. No produce will be sold
directly off the ground, off tailgates, or out or the trunks or vehicles. The
operation must comply with established sanitary conditions, licensing and
inspections by the Aspen/Pitkin County Environmental Health Department
as well as the requirements or "The Rules and Regulations Governing the
Sanitation or Food Service Establishments In The State or Colorado,
Effective Date: July 31, 1990."
(e) Produce shall be priced by piece, count, .each, package, bunch, etc.
However, no sales by weight will be permitted unless scales have a current,
valid seal or approval rrom the Colorado State Department or Agriculture,
Weights and Measures Division, and items are weighed on site.
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(t) No customer admission charges will be permitted, and the produce or goods
that are sold are ror consumption off-premises only. Eating areas consisting
or tables and/or chairs are prohibited.
(g) Sellers/vendors must leave their sales areas clean and rree or litter or any
kind. Both the individual sellers and the farmers' market organization as a
whole has committed to accepting the responsibility or ensuring that the site
or the market will remain in its pre-market condition or better following
each day or operation's closing and clean-up.
(h) To sell "Organic Certified" produce, the seller must have hiS/her current
certificate displayed on site.
(i) Each and every vendor must obtain a City or Aspen Business License at the
cost or a $150 business occupation tax per calendar year ror each location
they intend to occupy (the business occupation tax is subject to amendment,
and the City Finance Department should be consulted ror inrormation
regarding current rees). In addition, each and every vendor must obtain a
State or Colorado Sales Tax License, collect all applicable sales taxes, and
remit said taxes to the City or Aspen and the State or Colorado, as
applicable.
(j) The organization and each individual vendor has agreed to sign and execute
." an indemnifying liability waiver holding the City or Aspen and the County or
Pitkin, as well as their officers, agents, employees and volunteers harmless
rrom any and all damages, costs or expenses in law or equity that may arise
because or damages to property, or or personal injury received by reason or
or in the course or operating a vendor stand.
3. Procedure. Pursuant to Section 26.52.020, the applicant shall conduct a pre-
application conrerence with starr or the planning division of the Community
-Development Department. As a result or the conrerence, the planner shall
prepare a pre-application summary providing the appropriate application
packet including the Submission Requirements and any other pertinent land use
material, enumerate the fees associated with the review(s), and explain the
review process in general.
Arter the pre-application conrerence summary is received by the applicant, the
applicant shall prepare an application for review and approval by staff and the
City Council, respectively. In order to proceed with additional reviews or obtain
a -Development Order, the City Council shall, at a public hearing, find the
submitted land use application consistent with the provisions, requirements and
standards or Section 15.04.350(B). City Council may approve, approve with
conditions, or deny any application ror a rarmers' market by Resolution. An
. ordinance is not required; the signed resolution shall serve as the Vending
Agreement.
Proposals ror the location or a rarmers' market within any historic district shall
be reviewed at a meeting by the City's Historic Preservation Commission (HPC)
in order to obtain the Commission's recommendation to City Council. In
reviewing applications ror rarmers' markets, the HPC shall serve in an advisory
capacity, and public input may be considered but is not required.
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Business license applications cannot be issued unless and until [mal land use
approval has been granted by the City Council. When applying ror business
licensing, the applicant shall submit a copy or the. signed vending agreement
granting the land use approval ror the subje~t rarmers' market.
4. Application. An application ror approval or new or modified rarmers'
markets shall comply with the submittal requirements applicable to conditional
use reviews pursuant to Chapter 26.52, Common -Development Review
Procedures, and Chapter 26.60, Conditional Uses, or the Aspen Municipal Code.
Also, rarmers' market vending agreement applications shall contain at least the
following additional inrormation:
(a) Conceptual site plan or plans drawn to scale, specifying the approximate
number and location or stalls, support structures, and/or other accessory
uses, access, parking, rences, signs, lighting, and all adjacent land uses within
one-hundred (100') reet. Such plans and drawings should demonstrate
compliance with the Review Standards or this Section (15.04.350(B)(1) and
(2)).
(b) Conceptual elevation drawings simulating and specifying the design and
height or typical stalls, support structures, and/or other accessory structures.
(c) Written materials describing how the proposed plan would comply with each
or the review criterion contained in Sections 15.04.350(B)(1) and (2),
including a description of the logistics involved in the daily setting-up,
operating, and breaking-down/c1eaning-up or the proposed market.' The
written materials shall also indicate the proposed days or operation, the
amount or proposed vendors and/or stalls, either specifically (i.e., 12 stalls)
or in range rorm (i.e., 10-15 stalls), the proposed season of operation, and
commitments to comply with each or the minimum requirements contained
in this section.
5. Applicant. Applications ror or rrom individual vendors will not be accepted.
Applications ror Vending Agreements ror Farmers' Markets must be submitted
on behalf or an organization encompassing all vendors that would participate in
the particular market. The organization will need to select one or two persons to .
represent the market in dealings with the City. The applicant/organization will
be responsible ror governance or the market and maintaining compliance with
the rules and regulations contained in this Section and in any conditions
assigned to the approval of a vending agreement.
6. Enrorcement. Enforcement or compliance with all rules and regulations
contained in this Section, as well as all conditions or approval attached to specific
vending agreements shall be the responsibility or the City Zoning Officer, with
the exception or health code rules which shall be enrorced by the Aspen/Pitkin
County Environmental Health Department's inspectors.
7. Reservation or Rights. The City hereby reserves the right to review all vending
agreements for rarmers' markets after each market season, as explained in
Se.ction 15.04.350(B)(1)(a). Upon review, the City Council may, at i~ discretion,
decide to revoke the vending agreement, extend it with new or revised
conditions, remove conditions, or require moving the market to an alternative
location.
Note: Staff has attached an annotated list of potentially suitable locations for holding a farmers'
market in a public street and complying with provisions suggested above (see Exhibit A).
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Section 26. 04.100 Definitions:
Staff proposes to amend the definitions section of the Land Use Code by slightly revising the
adopted definition for "farmers' market." The proposed amendment is the result of staff research
and informal conversations with producers that are experienced in the establishment, maintenance
and operations of farmers' markets in Colorado. The intent of the proposed change to the adopted
definition is to prevent "brokers" from being able to organize and establish a farmers' market in
Aspen. "Broker organized" markets tend to have the atmosphere of an outdoor grocery store rather
than that of a farmers' market. The idea is to ensure that the market would be a farmers' market
(organized and operated by farmers), not just a market that sells farmed products. Accordingly,
staff is recommending adoption of the following revised definition:
Farmers' market: A farmers' market is a market that established by an
organization or rarmers/producers to provides the opportunity for direct sale (by
farmers and/or their representatives) of primarily Colorado-grown produce, with the
potential for accessory sales of other agriculturally-related products, to wholesale or
retail buyers at stalls or other similar structures of a temporary nature.
Section 26 28.140. Commercial Core (CG!'
The Community Development Department proposes to amend Section 26.28.140, Commercia' Core
(CC) zone district, of the Municipal Code. The proposed amendments are intended to provide clarity
with regard to the ability to obtain a vending agreement for a farmers' market in the CC z<;me
district. The proposed amendment would result in the addition of a .twentieth (20th) permitted use
in the CC zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.140
would read as follows, picking up with Permitted Use number 18 (items striekea em signify
language that would be removed from the existing text and items in bold signify the proposed
amendment):
18. Home occupations; aOO
19. Accessory buildings and uses,; and
20. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) orthe Municipal Code.
Section 26.28.150. Commercial (C"J):
The Community Development Department proposes to amend Section 26.28.150, Commercial (C-I)
zone district, of the Municipal Code. The proposed amendments are intended to provide clarity with
regard to the ability to obtain a vending agreement for a farmers' market in the C-I zone district.
The proposed amendment would result in the addition of a fourteenth (14th) permitted use in the C-
I zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.150 would read as
follows, picking up with Permitted Use number 12 (items strielxea em signify language that would
be removed from the existing text and items in bold signify the proposed amendment):
12. Accessory buildings and uses; -{lHQ
13. Food market,; and
14. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) of the Municipal Code.
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Section 26.28.160 Service/Commercial/Industrial (S/CIlJ:
The Community Development Department proposes to amend Section 26.28.160,
Service/CommerciallIndustrian (S/CII) zone district, of the Municipal Code. The proposed
amendments are intended to provide clarity with regard to the ability to obtain a vending agreement
for a farmers' market in the C-I zone district. The proposed amendment would result in the addition
of a fifth (5th) permitted use in the S/C/I zone district. Thus, the Permitted Uses portion
(subsection B) of Section 26.28.160 would read as follows, picking up with Permitted Use number 3
(items strielcea em signify language that would be removed from the existing text and items in bold
signify the proposed amendment):
3. Home occupations; aOO
4. Accessory buildings and uses; and
5. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) or the Municipal Code.
Section 26.28.170 Neighhorhood Commercial (NC):
The Community Development Department proposes to amend Section 26.28.170, Neighborhood
Commercial (NC) zone district, of the Municipal Code. The proposed amendments are intended to
provide clarity with regard to the ability to obtain a vending agreement for a farmers' market in the
NC zone district. The proposed amendment would result in the addition of a fourteenth (14th)
permitted use in the NC zone district. Thus, the Permitted Uses portion (subsection B) of Section
26.28.170 would read as follows, picking up with Permitted Use number 12 (items striclxoa sm
signify language that would be removed from the existing text and items in bold signify .the
proposed amendment):
12. Accessory residential dwellings restricted to affordable housing guidelines; aOO
13. Accessory buildings and uses; and
14. Farmers' markets, provided a vending agreement has been obtained pursuant to
Section 15.04.350(B) orthe Municipal Code.
RECOMMENDATIONS: Staff recommends that the Planning and Zoning Commission advise
City Council to approve the following:
· The proposed code amendments to Section 15.04.350, Vending on Public Parks and Rights-of-
Way Prohibited, in order to allow for the possibility of holding a farmers' market in a downtown,
public street within the C-I, CC, S/C/I or NC zone districts through a modified vending
agreement process;
· The revised definition of the term "farmers' market," as provided in this memorandum; dated
May 5, 1998; and,
· The proposed code amendments to Sections 26.28.140, Commercial Core (CC), 26.28.150,
Commercial (C-I), 26.28.160 Service/CommerciallIndustrial (S/CII) and 26.28.170
Neighborhood Commercial (NC) to allow farmers' markets as a permitted use in both zone
districts, provided a vending agreement has been obtained pursuant to Section 15.04.350(B).
RECOMMENDED MOTION: "I move to recommend approval of the proposed code amendments
to Section 15.04.350, Vending on Public Parks and Rights-of-Way Prohibited, in order to allow for
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the possibility of holding a farmers' market in a public street of the C-I, CC, S/C/I or NC zone
districts through a modified vending agreement process, as described in the May 5, 1998 staff
memorandum. I also move to adopt the revised definition of the term 'farmers' market,' as provided
in this memorandum, dated May 5,1998. Finally, I move to approve the proposed code amendments
to Sections 26.28.140, Commercial Core (CC), 26.28.150, Commercial (C-l), 26.28.160
Service/CommerciallIndustrial (S/C/I) and 26.28.170 Neighborhood Commercial (NC) to allow
farmers' markets as a permitted use in both zone districts, provided a vending agreement has been
obtained pursuant to Section 15.04.350(B)."
EXHIBITS:
Exhibit A -- An annotated list of potentially suitable locations for holding a farmers' market in a
public street, and a corresponding map of listed locations.
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EXHIBIT A
Potentially Suitable locations for a Farmers' Market in the street:
I. Hyman between Hunter and Galena (adjacent to pedestrian mall)
2. Hopkins between Hunter and Galena (few businesses fronting on street)
3. Hopkins between Mill and Monarch (few morning-hours businesses fronting on street)
4. Hunter between Cooper and Hyman (few businesses fronting on street)
5. Hunter between Hopkins and Hyman (few businesses fronting on street)
6. Hunter between Main and Hopkins (perhaps too close to Main, but few businesses)
7. Monarch between Hyman and Hopkins (slightly higher traffic and a bit off the beaten
path, so to speak)
8. Monarch between Main and Hopkins (slightly higher traffic and perhaps a bit too
close to Main)
Others that could work, but would conflict with the Galena Street
Shuttle after September 7:
9. Hunter between Durant and Cooper (would enjoy good relationship with Gondola
Plaza)
10. Cooper between Hunter and Galena (many businesses, otherwise a good location
with adjacencies to two pedestrian malls and busy pedestrian area)
11. Galena between Cooper and Hyman (many businesses, but active pedestrian area)
12. Galena between Hyman and Hopkins (many businesses, but active pedestrian area)
NOTES:
. The locations listed above are shoWn on the accompanying map (circled numbers on
map correspond with numbers on the list above).
. Mill Street does not work due to the Hunter Creek bus route (year-round).
. Galena Street not the most appropriate due to the many businesses fronting on Galena
and the Galena Street shuttle (9/7 - 5/31).
. Galena between Main and Hopkins is the Fire Department's Emergency Access route
to Hwy. 82.
. Hopkins between Galena and Mill would obstruct the Fire Department's ability to
enter and exit.
. Monarch between Durant and Hyman is part of the Hunter Creek bus route (year-
round), but would otherwise present an attractive location with Wagner Park adjacent
thereto and public restrooms nearby.
. Hyman between Mill and Monarch is part of the Hunter Creek bus route (year-round).
. Durant is used by all busses and is, therefore, not appropriate.
. Another potentially appropriate location might be the Dean Street right-of-way
between Mill and Galena, but it forms the border between the Park (P) and
Lodge/Tourist Residential (L/TR) zone districts. The proposed code amendments
would have to be modified to accommodate this site.
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PUBLIC NOTICE
RE:' Farmers' Market Text/Code Amendments
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 5, 1998 at a
meeting to begin at 4:30 p.rn. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, DO S. Galena St., Aspen, to consider an application submitted by City
of Aspen Community Development D~artment, requesting approval for Proposed Code
Amendments to Section 15.04.350, Vending on Public Parks and Rights~Of-Way Prohibited, and
Section 26.04.100, Definitions, of the Municipal Code. The proposed code amendments would
more clearly define the term "fanners' market," and would allow City Council the ability to issue
Vending Agreements for fanners' market proposals that would use the public streets of the
Commercial Core (CC) and Commercial (C-1) Zone Districts. For further information, contact
Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen,
CO (970) 920-5095.
s/Sara Garton. Chair:person
Aspen Planning and Zoning Commission
Published in the Aspen Times on April 18, 1998
City of Aspen Account
g:\planning\aspenlnoticeslfarmers2.doc
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MEMORANDUM
TO:
Mayor and City Council 1\ l ^ I
Amy Margerum, City Manager DY v
John Worcester, City Attorney . d.
Stan Clauson, Community Development Director lY
Julie Ann Woods, Deputy Director
Mitch Haas, Planner k
Farmers' Market Text/Code Amendments m Ordinance No. 35, Series of 1997,
Second Reading
THRU:
FROM:
RE:
DATE:
October 14, 1997
SUMMARY: Staff is requesting approval of code amendments that would allow "farmers'
markets" in the Park (P) and Public (PUB) zone districts as a conditional use. Along with the
requested amendment, it would also be necessary to add a definition for the term "farmers' market"
to Section 26.04.100, Definitions, ofthe Land Use Code.
Staff is recommending that the City Council approve the code amendments as proposed. In addition,
staff recommends that Council direct the Community Development Department to bring forward
amendments to Section 15.04.350, Vending on Public Parks and Rights-of-Way Prohibited, in order
to allow for the possibility of holding a farmers' market in a public street, alley or mall through a
simplified, streamlined and less costly land use review process.
BACKGROUND: A citizen asked the Community Development Department if and where a person
could establish a farmers' market. The answer was that none of the City's zone districts allow
farmers' markets and the Land Use Code does not address this use in any way. The citizen's
question, more specifically, was whether or not a farmers' market would be possible in a park or a
public parking lot. Under current regulations, the answer is "no, a farmers' market would not be
allowed in City owned parks or parking areas, not even as a conditional use." This provoked some
thought on the part of staff because it seemed that it should be reasonable to allow farmers' markets
through conditional use review.
Given the ability to review proposals for conditional uses on a case-by-case basis, staff felt that
farmers' markets could be an asset to the City in many ways while the potential for adverse impacts
could be adequately addressed by either placing conditions upon each approval or denying those
proposals that are found to be inappropriate. For instance, such factors as size, operating
characteristics, location, times of operation, design and layout, products sold, and other concerns
could be reviewed on a case-by-case basis and addressed through the use of conditions of approval.
Staff does not anticipate an influx of proposals for farmers' markets, nor does staff foresee more than
one farmers' market operating in the City at any given time.
There are many reasons staff feels that allowing farmers' markets as a conditional use in the Parks
and Public zone districts is advisable. First, by allowing them in only the two aforementioned zone
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districts, the City is given more control over the potential sites than would be the case in any other
districts. Also, farmers' markets have, in other communities, been successful in helping to breathe
new life into downtown neighborhoods by generating pedestrian activity and community interaction.
According to research done by Urban Marketing Collaborative (an east coast consulting firm),
farmers' markets generally depend on local residents. That is, farmers' markets create a community
meeting place; not only do they provide an opportunity for the farming community to interact with
other community members, but they are also places for informal interaction and communication
among the rest of the community. A meeting place is an important contributor to the social fabric,
allowing people to feel connected to each other and their community. Therefore, the proposed code
amendment is in harmony with the goals and vision of the Aspen Area Community Plan. In
addition, a farmers' market would go far in supporting the concept of "messy vitality" which is so
heavily promoted by the Aspen Area Community Plan.
Another role for farmers' markets is the promotion of local agriculture, which is just as important in
areas that rely less heavily on farming as in those areas that have large numbers of farmers. These
facilities provide an opportunity for farmers in the region to sell their merchandise directly, which is
particularly helpful for smaller producers with limited channels of distribution. This direct
marketing also provides small farmers with the best price possible for their produce, an important
benefit to the local/regional agricultural economy. In exchange, the community benefits from the
provision of greater quality and variety of produce.
With regard to allowing farmers' markets only as conditional uses, staff feels that this is important
because farmers' markets require certain considerations to facilitate their success, both economically
and from a community perspective. For example, in order to ensure that farmers' markets are
appealing to the community, it is important to have a market design that maintains an inviting and
attractive place for people to shop and move about. Lively booths, bustling stalls and invitingly
displayed merchandise all create the ambiance special to a farmers' market which attracts customers.
Farmers' markets throughout the country have found that once the goal of supporting local
agriculture is lost, the farmers' market rapidly deteriorates into a flea market-type facility. By
requiring conditional use review, maintaining an agricultural focus can be ensured, thereby fostering
a stronger market operation. This is not to say that agriculturally-related products other than fresh
produce could not be sold, but limitations (i.e., conditions) on such products could be set. Defining
the products that a tenant can sell and enforcing the conditions on products that can be sold are as
important in a farmers' market as they are in a conventional shopping mall. Some markets are
restricted to farmers who must demonstrate that they own or rent land which is capable of producing
what they sell. Such restrictions can be enforced in markets that operate only during the growing
season and only on certain days of the week. F9r these and other reasons, it is essential that a review
process which culminates in a public hearing such as conditional use review, be the means by which
farmers' markets would be allowed in the City.
PREVIOUS RECOMMENDATIONS: In developing the proposed code amendments, staff
solicited the opinions of the Downtown Enhancement and Pedestrian Plan task force (hereinafter
referred to as the DEPP), the Commercial Core and Lodging Commission (hereinafter referred to as
the CCLC), the Historic Preservation Commission (HPC), the Parks Department, and the Planning
and Zoning Commission. The following is a summation of their opinions and recommendations.
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DEE.E.
As a group, DEPP gave their endorsement to the concept of allowing farmers' markets within the
City and downtown area. The DEPP also added that they would want the review process to be
capable of providing for close scrutiny of the specifics/details of each particular proposal. At least
one member made it clear that he felt that it would be important to make sure a farmers' market in
Aspen would be confined to selling only Colorado-grown produce. In general, the DEPP indicated
that they would be eager to try out a farmers' market somewhere in town just to "see how it goes,"
provided the ability to make changes (including the ability to move its location) after evaluating its
impacts and successes is built into the approval (i.e., conditional approval).
fX.:Lf:.
The comments and opinions of the members of the CCLC were very similar to those of the DEPP.
The CCLC also endorsed the concept of allowing farmers' markets in the City of Aspen and its
downtown. The CCLC went just a bit further by agreeing with staff that the special events permit
process, the temporary land use approval process, and the closing of public streets would all be
inappropriate, and would not be endorsed by the CCLC. In addition, the CCLC expressed a desire to
be involved in the review of individual, specific proposals for farmers' markets in the downtown
core. The CCLC also suggested that it would be important to maintain an emphasis on the sale of
produce, specifically Colorado-grown produce, and to coordinate with Basalt regarding the days of
operation (i.e., opposite days of the weekend).
HPC
The Historic Preservation Commission (HPC) endorsed not only the concept of allowing farmers'
markets in the downtown area, but approved a motion, by a unanimous vote of 5-0, stating that the
HPC recommends that the City Council adopt the code amendments as proposed by staff. The HPC
stated that they endorse the idea of allowing farmers' markets in the Public (PUB) and Parks (P)
zone districts through the conditional use process. The HPC also declared an interest in being
involved in the review of specific proposals by having the ability to forward the recommendation of
the HPC to the Planning and Zoning Commission before it renders a decision regarding any specific
farmers' market proposals. Provided the proposed code amendments were approved, the HPC felt
that their input could come in the form of either holding a formal hearing, the results of which would
be forwarded to the P&Z Commission as a recommendation, or they could provide their input during
the public comments portion of the conditional use hearing.
Parks Denartment
-
The following is an excerpt from a July II, 1997 memo sent to the Community Development
Department from the Parks Department Director, Jeff Woods. Jeff states that:
"The Parks Department supports activities which strengthen the mission of parks and open space.
One of those missions is providing activities which create opportunities for social interaction. On
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the surface, a Farmers' Market seems to be a perfect fit for Parks. However, as one looks at the
details and operational requirements for these Markets several concerns arise. In order for a
Farmers' -Market to work successfully they need to be in a location which has good access to
parking, commercial support facilities and be visible to the community.
"While the conditional use permit process seemingly protects the City interests, I believe it sends the
message that the Parks Department is supporting these facilities. This is a very important issue since
the main mission of the Parks Department is to preserve and maintain these lands for today's and
tomorrow's users. The public trust of this stewardship is essential for our Department's continued
support from the public. It is paramount that this concept go through a public process before my
department could support using parks for a Farmers' Market. . . If through the process there is
public support for the concept and our Department's reservations are addressed, I am then willing to
publicly support this 'Farmers Market' change to the land use code."
Community Development Department staff believes that the concerns of the Parks Department can
and would be fully addressed through the public process of a conditional use review. The proposed
process offers opportunity for public input, a formal recommendation from the Parks Department,
and the ability to require as many conditions of approval as Parks and the City, in general, feel
would be necessary to adequately address all potential concerns. Such conditions might include, but
would not necessarily be limited to, setting requirements for, or imposing restrictions upon, size,
bulk, location, open space, buffering, screening, noise, signage, parking, traffic control, security,
clean up, maintenance, operations, hours of operation, setbacks, structure materials, and requiring
such financial securities as deemed necessary to ensure compliance with any or all conditions of
approval and/or to ensure that the site in question is returned to its original use or condition.
Planning and Zoning Commission
When code amendments are proposed, a formal recommendation from the P&Z Commission to
Council is required by the code. After two continued public hearings, a work session with staff and
some word-smithing, at the third continued public hearing, the Commission passed a motion by a
vote of 5-0 recommending that City Council adopt the code amendments as proposed in this memo
to allow farmers' markets as a conditional use in the Parks (P) and Public (PUB) zone districts and to
define the term "farmers' market" in the manner provided on page eight (8) ofthis memo.
ALTERNATIVE PROCESSES: Staff also evaluated the merits of allowing farmers' markets
through such other (other than conditional use review) processes as the temporary use process, the
special events permitting process, the closing of a public street for certain times, or the vending
agreement process. The following summarizes staffs findings with regard to these alternatives.
Temnorary Uses
Section 26.96.010 of the Land Use Code states that,
Temporary uses are those uses or structures that mayor may not be permitted in a given zone
district, but which may be allowed on a non-permanent and temporary basis upon individual
review of their proposed nature, location, duration, impact, and compatibility with surrounding
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permitted uses and structures, excepting outdoor merchandising or commercial displays which
shall not be permitted as temporary uses.
Of paramount importance is the fact that outdoor merchandising is expressly prohibited as a
temporary use. Farmers' markets, by their nature, are/include outdoor merchandising. While the
rest of the "Temporary Uses" chapter of the code might provide a suitable means of reviewing
farmers' market proposals, it is rendered inapplicable by prohibiting outdoor merchandising.
Staff considered the desirability of amending this section of the code instead of amending the public
and parks zone districts. It stands to reason, however, that when two particular things, in this case
outdoor merchandising and outdoor displays, are expressly prohibited, there was ample discussion
and reason for this omittance at the time the language was drafted. The CCLC supported
maintaining these particular provisions. That is; the CCLC felt strongly that outdoor merchandising
and commercial displays should continue to be prohibited as temporary uses, and that a code
amendment aimed at changing this section would be met with opposition from the CCLC.
Therefore, the temporary use approval process does not, in staff's opinion, present an appropriate
option in terms of providing a means of reviewing and allowing farmers' market proposals in the
City of Aspen.
Special Events Permits
The City Clerk has been appointed by the City Manager to the post of "special events coordinator,"
as defined in Chapter 14.20 of the Municipal Code. Thus, the Clerk is charged with the duties of
reviewing applications for special event permits and taking action on such applications. In speaking
with her, it became apparent that she would not issue a special event permit for a farmers' market, or
for any event that would involve more than a "one-time only" use or an ongoing approval, unless
City Council first granted approval of a temporary land use application. As was made clear in the
preceding section of this memo, the temporary land use approval process would not be available for
a proposal that includes outdoor merchandising, such as a farmers' market. Consequently, a
proposal for a farmers' market in the City of Aspen would not be an appropriate candidate for a
special events permit.
In further reviewing the special events permitting section of the code (14.20.030), it occurred to.staff
that even if, hypothetically, a proposal for a farmers' market were granted conditional use approval
by the Plarming and Zoning Commission, the request would still be subject to further review by the
City Council, where the applicant would need to seek approval of a vending agreement. Naturally,
the provisions of the vending agreement would, at a minimum, include the conditions of approval
imposed by the Planning and Zoning Commission. Such conditions could include, but would not
necessarily be limited to, setting requirements for, or imposing restrictions upon, size, bulk, location,
open space, buffering, screening, noise, signage, parking, traffic control, security, clean up,
maintenance, operations, hours of operation, setbacks, structure materials, and requiring such
financial securities as deemed necessary to ensure compliance with any or all conditions of approval
and/or to restore the site in question to its original use or condition.
Also under the "Special Events Permits" chapter ofthe code (Chapter 14.20), there is a provision for
park use permits. The applicable section, Section 14.20.050, promulgates all authority of review to
the city manager. While the city manager is competent to complete such a review in a
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comprehensive manner, the problem with the process lies in the fact that there are no provisions for
public input or review. Staff believes that the need for public input and review in any process that
would approve a farmers' market is important and should not be overlooked. Thus, staff does not
think that the Park Use Permit process offers the necessary level of review for proposals involving
tbe development of a farmers' market. Also, in Aspen's licensing provisions, Section 14.04.080 of
the Municipal Code states that "no such license or permit shall be issued for the conduct of any
business or performance of any act which would involve a violation of the zoning code of the city."
Therefore, unless the zoning code is amended to allow for farmers' markets in the City of Aspen, a
business license to operate a farmers' market cannot be issued, not in the Parks zone district or any
other zone district for that matter.
Staff was also asked to look into the mechanism(s) by which the farmers' market in Olenwood
Springs is regulated. Staff contacted the principal planner for the Town of Olenwood Springs, who
indicated that the farmers' market there is operated under a temporary merchant's license. The City
of Aspen does not have an equivalent to Olenwood's temporary merchant license; rather, their
license is sort of a hybrid of Aspen's special events permit and a temporary land use approval. The
temporary merchant's license allows the farmers' market to operate in a private parking lot on
Saturdays from mid-June through October. The license is only available in the Commercial zone
district, and it provides the only form of regulation applied to farmers' markets (other than vending
licenses). The main reasons the Olenwood system would not be acceptable in Aspen is the lack of
public review and the fact that there is little control over the potential for the market to deteriorate
into a flea market atmosphere. Again, unless the Aspen land use code is amended to allow farmers'
markets somewhere, a business license to operate a farmers' market cannot be issued.
Closing Qf a Public Street
Closing of a public street for limited hours of particular days presents an attractive option for the
operating of a farmers' market in Aspen. While the city code prohibits retail sales activity from
taking place in public rights-of-way, Section 15.04.350, Vending on Public Parks and Rights-of-Way
Prohibited, contains a potential "loop-hole" from this prohibition. The cited Section allows for retail
sales on streets, alleys, malls, golf courses, parks or parkways provided a vending agreement is
obtained. If a vending agreement pursuant to the cited Section is obtained, a right-of-way
encroachment permit also becomes urmecessary. Closing of a public street, even for limited times,
presents some logistic concerns on the part of the Fire Department, Streets Department, Police
Department, and Parking Division of the Transportation Department; however, staff is confident
that these concerns can and would be adequately addressed during the review process (i.e., through
conditions on the vending agreement). If a vending agreement were obtained by an applicant, this
would qualify as a land use approval, thereby enabling the issuance of a business license.
The only problem with this option is the fact that Section 15.04.350, as it is currently written,
contains some inadequacies with regard to its use for reviewing farmers' market proposals;
specifically, it lacks a sufficient procedural framework for comprehensive reviews, it does not
provide for public input, and it requires that the City Clerk carry out the entire process. Thus, staff
believes the vending agreement section of the code would need to be amended to compensate for
these and other inadequacies, and this point is elaborated upon in the following section ofthis memo.
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Vending Aweements
In addition to the possibilities of the conditional use process, the temporary land use process, the
special events permits, and the closing of public streets, a fifth potential method of accommodating
farmers' market proposals in the City of Aspen has been identified by staff. At the September 8,
1997 hearing, the Council members. in attendance expressed some interest in providing a
methodology for allowing farmers' markets to occur in the City's public streets and/or through a
simplified land use review process. Having heard and understood this, staff decided to further
investigate the changes that would be required to accommodate these goals.
Staff believes both of these goals could be met by amending Section 15.04.350, Vending on Public
Parks and Rights-of-Way Prohibited, while still meeting the original goals of providing for a public
review process, referral comments from various effected City departments, and the ability to place
conditions on approvals. Also, by amending Section 15.04.350, more flexibility in the siting of a
farmers' market could be gained; that is, the ability to locate a farmers' market in any street, alley,
mall, or park would be possible (as opposed to just those lands zoned Park or Public, as in the
current proposal).
In staff s opinion, this possibility should not be considered instead of the current proposal, but rather
in conjunction with it. In other words, the proposed code amendments to the Public and Parks zone
districts are still endorsed by the Community Development Department, but staff would also like to
bring forward (at a later date) an amendment to Section 15.04.350. Proposals for farmers' markets
in either of the two affected zone districts (Public or Parks) would be required to complete the
conditional use review process (including a public hearing before the Plarming and Zoning
Commission), then obtain a vending agreement and a business licensees). By contrast, with
amendments to Section 15.04.350, proposals to hold farmers' markets in a public street, alley or mall
could be accommodated through a simplified land use review process while still maintaining the
ability for the City to address all its concerns.
In this alternative, Section 15.04.350 would be amended to require that vending agreement
applications for farmers' market proposals go directly before City Council for a public hearing (two
readings); however, before going to Council, the Community Development Department would
conduct a review with referrals from all departments determined to have an interest and prepare a
memorandum outlining a unified staff recommendation including those conditions felt to be
necessary. If, in such a process, Council would desire the recommendation of the Planning and
Zoning Commission and/or the HPC, the amendment to Section 15.04.350 could accommodate such
a requirement. In effect, proposals to hold a farmers' market in a public street, alley or mall would
not be required to complete the conditional use process, while proposals for farmers' markets in the
Public or Parks zone districts would. In addition, the conditional use review process carries a fee of
at least $450, plus fees for the vending agreement application and business licensing. The fee under
the alternative approach would be just $350 plus business licensing fees. The indirect result of
adopting both sets of amendments would be the City encouraging the locating of farmers' markets in
public streets, alleys or malls more so than in the Public or Parks zone districts.
PROPOSAL: The Community Development Department proposes the following amendments to
the City of Aspen Municipal Code:
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Section 26.28.240. Park (Pi:
The Community Development Department proposes to amend Section 26.28.240(C), Conditional
. Uses, by adding a fifth use to the list of conditional uses allowed in the Park (P) zone district, subject
to the standards and procedures established in Chapter 26.60. The proposed amendment is the result
of staff research, the opinions and input of the various boards mentioned above, and a work session
and many hearings with the Planning and Zoning Commission. Consequently, the proposed
amendment would result in Section 26.28.240(C), Conditional Uses, reading as follows, with items
striekeH em signifying language that would be removed from the existing text and items in bold
signifying the proposed amendment:
c.. Conditional uses. The following uses are permitted as conditional uses in the
Park (P) zone district, subject to the standards and procedures established in
Chapter 26.60.
I. Recreation building;
2. Sport shop;
3. Restaurant facility; aOO
4. Park maintenance building; and
5. Farmers' market, as defined in Section 26.04.100, provided:
a. it operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review; .
b. it opens to the public no earlier than 7 a.m. and closes no later than 2
p.m., unless modified by the Commission under the conditional use
review; and,
c. it shall be limited to those weeks that rail between the first Saturday in
June and the weekend rollowing the Thanksgiving holiday, inclusive,
unless modified by the Commission under the conditional use review.
Note: The proposed limitations on the amount of days per week and number of hours per day are
highly consistent with average limitations on farmers' markets throughout the State of Colorado.
For instance, on average, cities in Colorado allow farmers' markets to operate 1.8 days per week,
and approximately five hours and twenty minutes per day. Similarly, farmers' markets in Colorado
generally open for business at about 8:45 a.m. and close at approximately 2:00 p.m. (see Exhibit
"A").
Section 26.28.250 Public (P[Jl~):
The Community Development Department proposes to amend Section 26.28.250(C), Conditional
Uses, by adding a third use to the list of conditional uses allowed in the Public (PUB) zone district,
subject to the standards and procedures established in Chapter 26.60. The proposed amendment is
the result of staff research, the opinions and input of the various boards mentio.ned above, and a work
session and many hearings with the Plarming and Zoning Commission. Consequently, the proposed
amendment would result in Section 26.28.250(C), Conditional Uses, reading as follows, with items
strielxca eut signifying language that would be removed from the existing text and items in bold
signifying the proposed amendment: .
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C. Conditional uses. The following uses are permitted as conditional uses in the
Public (PUB) zone district, subject to the standards and procedures established in
Chapter 26.60.
I. Maintenance shop; aOO
2. Affordable housing; and
3. Farmers' market, as defined in Section 26.04.100, provided:
a. it operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
b. it opens to the public no earlier than 7 a.m. and closes no later than 2
p.m., unless modified by the Commission under the conditional use
review; and,
c. it shall be limited to those weeks that rail between the first Saturday in
June and the weekend rollowing the Thanksgiving holiday, inclusive,
unless modified by the Commission under the conditional use review.
Section 26.04.100. Definitions'
Staff proposes to amend the definitions section of the Land Use Code by adding a definition for
"farmers' market" in its alphabetically correct place (between "farm buildings" and "farm uses").
The proposed amendment is the result of staff research, the opinions and input of the various boards
mentioned above, and a work session and many hearings with the Planning and Zoning Commission.
Staff and the Planning and Zoning Commission are recommending adoption of the following
definition:
Farmers' market: A farmers' market is a market that provides the opportunity for
direct sale by farmers and/or their representatives of primarily Colorado-grown
produce, with the potential for accessory sales of other agriculturally-related
products, to wholesale or retail buyers at stalls or other similar structures of a
temporary nature.
RECOMMENDATIONS: After reviewing the potential benefits and pitfalls of various processes
by which farmers' markets could be accommodated in the City of Aspen, staff has found that the
most appropriate and, in general, best option would be to allow farmers' markets in the public and
Parks zone districts through the conditional use review process. This process gives the City the
greatest control over the potential outcomes, allows for a public process, provides the greatest and
highest degree of scrutiny, and allows for periodic review and rectification of problems. With the
conditional use process, an applicant would still be required to go before the City Coul)cil to obtain a
vending agreement. The applicant would also have to apply for licensing, which would not be
available if the land use were not allowed in the particular zone district, or until after a conditional
use approval was granted. In addition, the Planning and Zoning Commission, the Historic
Preservation Commission, the Commercial Core and Lodging Commission, and the Downtown
Enhancement and Pedestrian Plan task force all concur with staff s recommendation.
In addition, Staff would like to allow for the possibility of holding a farmers' market in a public
street and,. thus, would like to also bring forward proposed code amendments that would
accommodate this desire through a simplified, streamlined and less costly land use review process.
This would involve amendments to Section 15.04.350, Vending on Public Parks and Rights-of-Way
Prohibited.
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Therefore, staff recommends that City Council approve the proposed code amendments which
would allow farmers' markets as a conditional use in both the Public (PUB) and Parks (P) zone
districts. Staff also recommends that Council adopt the definition of the term "farmers' market," as
provided in this memorandum, dated October 14 1997. Lastly, staffrecommends that Council direct
the Community Development Department to bring forward amendments to Section 15.04.350,
Vending on Public Parks and Rights-of-Way Prohibited, in order to allow for the possibility of
holding a farmers' market in a public street, alley or mall through a simplified, streamlined and less
costly land use review process.
RECOMMENDED MOTION: "I move to approve the proposed code amendments that would
allow farmers' markets as a conditional use in the Parks (P) and Public (PUB) zone districts, and
would define the term "farmers' market" in the way described in the October 14, 1997 staff
memorandum. I also move to direct staff to bring forward amendments to Section 15.04.350,
Vending on Public Parks and Rights-of-Way Prohibited, in order to allow for the possibility of
holding a farmers' market in a public street, alley or mall through a simplified, streamlined and less
costly land use review process."
CITY MANAGER COMMENTS:
EXHIBITS:
Exhibit "A" -Information regarding every official farmers' market in Colorado
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FARMERS' MARKETS IN COLORADO
im%%Tril1ma;QM\NWk,!@'WWiikWiP!iM...... :IW:HtIF!!~j,\\lIfM!TMmlt FPHH1Utlfl.WMu:WMU:n:H
ALAMOSA Saturdays Parking Lot 7am - 1:30pm
AURORA Saturdays Parking Lot 7am - sellout
Wednesdays Parking Lot 7am - 6pm
BOULDER Wednesdays (thru 10/1) Street Ilam-4pm
Saturdays (thru II/I) Street 8am - 2pm
CASTLE ROCK Saturdays Public (courthouse yard) 8am - 12pm
CEDAREDGE Saturdays Parking Lot 8am - sellout
CHERRY CREEK Wednesdays Parking Lot 9am-lpm
Saturdays Parking Lot 8am-lpm
COLORADO SPRINGS Mondays Park 7am - 1:30pm
Thursdays Park . 7am - 1:30pm
Fridays Parking Lot 7am-lpm
Saturdays Parking Lot 7am - 1:30pm
Saturdays Park 7am - 1:30pm
CORTEZ Saturdays Parking Lot 7:30am - sellout
Saturdays Public (courthouse) 7:30am - sellout
CRESTED BUTTE Tuesdays Park/R.O.W. roughly lOam - 6pm
Fridays/Saturdays Park/R.O.W. roughly lOam - 6pm
DELTA Wednesdays Parking Lot 8:30am - Ipm
Saturdays Parking Lot 8:30am - Ipm
DENVER Saturdays Park/Plaza (RTD) 7am-lpm
DILLON Fridays Park 8am-lpm
DURANGO Saturdays Street 8am-lpm
ESTES PARK Thursdays Street 8am - Ipm
FORT COLLINS Wednesdays Parking Lot '. 2pm - 6pm
Sundays Parking Lot Ilam- 2pm
FOUNTAIN Fridays Parking Lot 7am - 1:30pm
GLENWOOD SPRINGS Saturdays Parking Lot . 7:30am - 3:30pm
GRAND JUNCTION Wednesdays Parking Lot 7am - 12pm
Saturdays Parking Lot 7am - 12pm
GREELEY Wednesdays Parking Lot 4pm - 6pm
Saturdays Parking Lot 7:30am - 12pm
LAKEWOOD Thursdays Parking Lot II am - sellout
LITTLETON Wednesdays Parking Lot II am - sellout
LONGMONT Tuesdays Parking Lot 3pm - 6pm
Saturdays Parking Lot 8am - Ipm
LOUISVILLE Saturdays Parking Lot 8am - 12pm
MONTROSE Saturdays Parking Lot 8:30am - Ipm
PAONIA Tuesdays Parking Lot lOam - 6pm
PUEBLO Tuesdays Park 7am-lpm
Fridays Parking Lot 8am - 2pm
STERLING Saturdays Parking Lot 8am - 12pm
WRAY Tuesdays Parking Lot 4pm - 6pm
Fridays Parking Lot 'lOam -Ipm
...
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TABULATIONS:
Average Number of Days per Week = 1.8
Number held in parking lots = 30 out of 44 (68%)
Number held in Parks or Public Places = 10 of 44 (23%)
Number held on Streets = 4 out of 44 (9%)
Average Number of Hours of Operation per Day (does not include those that end at
"sellout") = 5.34 hrs/day (about 5hrs. and 20 minutes)
Average Opening Time (does not include those that end at "sellout") = 8:45am (approx.)
Average Closing Time (does not include those that end at "sellout") = 2:00 pm (approx.)
A total of six (6) markets close at "sellout." Two of these six are in Cortez.
Out of the 28 cities/towns that host farmers' markets, 13 (46%) host them more than once
per week.
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PUBLIC NOTICE
RE: Farmers' Market Text/Code Amendnlents-Ordinance NO. 35, Series of 1997
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 14, 1997 at
a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers. City Hall,
130 S. Galena St., Aspen, to consider an application submitted by City of Aspen of Community
Development Department, requesting approval for Proposed Code Amendment to allow Fanners'
Markets as a Conditional use in the Public (PUB) and Parks (P) Zone Districts. For further
information, contact Mitch Haas at the Aspen/Pitkin Community Development Department. DOS.
Galena St., Aspen, CO (970) 920-5095.
s/.John Bennett. Mayor
Aspen City Council
Published in the Aspen Times on September 27, 1997
City of Aspen Account
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester, City Attorney/4'U / y /
S~ Clauson, commun.i.ty ~e~f\1~.~t. ~~rectotGY'
Julie Ann Woods, Deputy Dlrect~~JJ'
Mitch Haas, Plarmer ~ \l:" ,c
Farmers' Market Text/Code Amen~ents --- Ordinance No. ~6': Series of 1997,
First Reading
FROM:
RE:
DATE:
September 8, 1997
SUMMARY: Staff is requesting approval of code amendments that would allow "farmers'
markets" in the Park (P) and Public (PUB) zone districts as a conditional use. Along with the
requested amendment, it would also be necessary to add a definition for the term "farmers' market"
to Section 26.04.100, Definitions, of the Land Use Code.
Staff is recommending that the City Council approve the code amendments as proposed.
BACKGROUND: A citizen asked the Community Development Department if and where a person
could establish a farmers' market. The answer was that none of the City's zone districts allow
farmers' markets and the Land Use Code does not address this use in any way. The citizen's
question, more specifically, was whether or not a farmers' market would be possible in a park or a
public parking lot. Under current regulations, the answer is "no, a farmers' market would not be
allowed in City owned parks or parking areas, not even as a conditional use." This provoked some
thought on the part of staff because it seemed that it should be reasonable to allow farmers' markets
through conditional use review.
Given the ability to review proposals for conditional uses on a case-by-case basis, staff felt that
farmers' markets could be an asset to the City in many ways while the potential for adverse impacts
could be adequately addressed by either placing conditions upon each approval or denying those
proposals that are found to be inappropriate. For instance, such factors as size, operating
characteristics, location, times of operation, design and layout, products sold, and other concerns
could be reviewed on a case-by-case basis and addressed through the use of conditions of approval.
Staff does not anticipate an influx of proposals for farmers' markets, nor does staff foresee more than
one farmers' market operating in the City at any given time.
There are many reasons staff feels that allowing farmers' markets as a conditional use in the Parks
and Public zone districts is advisable. First, by allowing them in only the two aforementioned zone
districts, the City is given more control over the potential sites than would be the case in any other
districts. Also, farmers' markets have, in other communities, been successful in helping to breathe
new life into downtown neighborhoods by generating pedestrian activity and community interaction.
According to research done by Urban Marketing Collaborative (an east coast consulting firm),
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farmers' markets generally depend on local residents. That is, farmers' markets create a community
meeting place; not only do they provide an opportunity for the farming community to interact with
other community members, but they are also places for informal interaction and communication
among the rest of the community. A meeting place is an important contributor to the social fabric,
allowing people to feel connected to each other and their community. Therefore, the proposed code
amendment is in harmony with the goals and vision of the Aspen Area Community Plan. In
addition, a farmers' market would go far in supporting the concept of "messy vitality" which is so
heavily promoted by the Aspen Area Community Plan.
Another role for farmers' markets is the promotion of local agriculture, which is just as important in
areas that rely less heavily on farming as in those areas that have large numbers of farmers. These
facilities provide an opportunity for farmers in the region to sell their merchandise directly, which is
particularly helpful for smaller producers with limited charmels of distribution. This direct
marketing also provides small farmers with the best price possible for their produce, an important
benefit to the local/regional agricultural economy. In exchange, the community benefits from the
provision of greater quality and variety of produce.
With regard to allowing farmers' markets only as conditional uses, staff feels that this is important
because farmers' markets require certain considerations to facilitate their success, both economically
and from a community perspective. For example, in order to ensure that farmers' markets are
appealing to the community, it is important to have a market design that maintains an inviting and
attractive place for people to shop and move about. Lively booths, bustling stalls and invitingly
displayed merchandise all create the ambiance special to a farmers' market which attracts customers.
Farmers' markets throughout the country have found that once the goal of supporting local
agriculture is lost, the farmers' market rapidly deteriorates into a flea market-type facility. By
requiring conditional use review, maintaining an agricultural focus can be ensured, thereby fostering
a stronger market operation. This is not to say that agriculturally-related products other than fresh
produce could not be sold, but limitations (i.e., conditions) on such products could be set. Defining
the products that a tenant can sell and enforcing the conditions on products that can be sold are as
important in a farmers' market as they are in a conventional shopping mall. Some markets are
restricted to farmers who must demonstrate that they own or rent land which is capable of producing
what they sell. Such restrictions can be enforced in markets that operate only during the growing
season and only on certain days of the week. For these and other reasons, it is essential that a review
process which culminates in a public hearing such as conditional use review, be the means by which
farmers' markets would be allowed in the City.
PREVIOUS RECOMMENDATIONS: In developing the proposed code amendments, staff
solicited the opinions of the Downtown Enhancement and Pedestrian Plan task force (hereinafter
referred to as the DEPP), the Commercial Core and Lodging Commission (hereinafter referred to as
the CCLC), the Historic Preservation Commission (HPC), the. Parks Department, and the Plarming
and Zoning Commission. The following is a summation of their opinions and recommendations.
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As a group, DEPP gave their endorsement to the concept of allowing farmers' markets within the
City and downtown area. The DEPP also added th.at they would want the review process to be
capable of providing for close'scrutiny of the specifics/details of each particular proposal. At least
one member made it clear that he felt that it would be important to make sure a farmers' market in
Aspen would be confined to selling only Colorado-grown produce. In general, the DEPP indicated
that they would be eager to try out a farmers' market somewhere in town just to "see how it goes,"
provided the ability to make changes (including the ability to move its location) after evaluating its
impacts and successes is built into the approval (Le., conditional approval).
a::M:;.
The comments and opinions of the members of the CCLC were very similar to those of the DEPP.
The CCLC also endorsed the concept of allowing farmers' markets in the City of Aspen and its
downtown. The CCLC went just a bit further by agreeing with staff that the special events permit
process, the temporary land use approval process, and the closing of public streets would all be
inappropriate, and would not be endorsed by the CCLC. In addition, the CCLC expressed a desire to
be involved in the review of individual, specific proposals for farmers' markets in the downtown
core. The CCLC also suggested that it would be important to maintain an emphasis on the sale of
produce, specifically Colorado-grown produce, and to. coordinate with Basalt regarding the days of
operation (Le., opposite days of the weekend).
liE
The Historic Preservation Commission (HPC) endorsed not only the concept of allowing farmers'
markets in the downtown area, but approved a motion, by a unanimous vote of 5-0, stating that the
HPC recommends that the City Council adopt the code amendments as proposed by staff. The HPC
stated that they endorse the idea of allowing farmers' markets in the Public (PUB) and Parks (P)
zone districts through the conditional use process. The HPC also declared an interest in being
involved in the review of specific proposals by having the ability to forward the recommendation of
the HPC to the Planning and Zoning Commission before it renders a decision regarding any specific
farmers' market proposals. Provided the proposed code amendments were approved, the HPC felt
that their input could come in the form of either holding a formal hearing, the results of which would
be forwarded to the P&Z Commission as a recommendation, or they could provide their input during
the public comments portion of the conditional use hearing.
Parks Denartment
The following is an excerpt from a July II, 1997 memo sent to the C()mmunity Development
Department from the Parks Department Director, Jeff Woods. Jeff states that:
"The Parks Department supports activities which strengthen the mission of parks and open space.
One of those missions is providing activities which create opportunities for social interaction. On
the surface, a Farmers' Market seems to be a perfect fit for Parks. However, as one looks at the
details and operational requirements for these Markets several concerns arise. In order for a
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Farmers'. Market to work successfully they need to be in a location which has good access to
parking, commercial support facilities and be visible to the community.
"While the conditional use permit process seemingly protects the City interests, I believe it sends the
message that the Parks Department is supporting these facilities. This is a very important issue since
the main mission of the Parks Department is to preserve and maintain these lands for today's and
tomorrow's users. The public trust of this stewardship is essential for our Department's continued
support from the public. It is paramount that this concept go through a public process before my
department could support using parlxs for a Farmers' Market. . . If through the process there is
public support for the concept and our Department's reservations are addressed, I am then willing to
publicly support this 'Farmers Market' change to the land use code."
Community Development Department staff believes that the concerns of the Parks Department can
and would be fully addressed through the public process of a conditional use review. The proposed
process offers opportunity for public input, a formal recommendation from the Parks Department,
and the ability to require as map.y conditions of approval as Parks and the City, in general, feel
would be necessary to adequately address all potential concerns. Such conditions might include, but
would not. necessarily be limited to, setting requirements for, or imposing restrictions upon, size,
bulk, location, open space, buffering, screening, noise, signage, parking, traffic control, security,
clean up, maintenance, operations, hours of operation, setbacks, structure materials, and requiring
such financial securities as deemed necessary to ensure compliance with any or all conditions of
approval and/or to ensure that the site in question is returned to its original use or condition.
Planning and ZOning Commission
When code amendments are proposed, a formal recommendation from the P&Z Commission to
Council is required by the code. After two continued public hearings, a work session with staff and
some wordcsmithing, at the third continued public hearing, the Commission passed a motion by a
vote of 5-0 recommending that City Council adopt the code amendments as proposed in this memo
to allow farmers' markets as a conditional use in the Parks (P) and Public (PUB) zone districts and to
define the term "farmers' market" in the manner provided on page eight (8) of this memo.
ALTERNATIVE PROCESSES: Staff also evaluated the merits of allowing farmers' markets
through such other (other than conditional use review) processes as the temporary use process, the
special events permitting process, or closing of a public street for certain times. The following
summarizes staff s findings with regard to these alternatives.
Temporary Uses
Section 26.96.010 of the Land Use Code states that,
Temporary uses are those uses or structures that may or may not be permitted in a given zone
district, but which may be allowed on a non-permanent and temporary basis upon individual
review of their proposed nature, location, duration, impact, and compatibility with surrounding
permitted uses and structures, excepting outdoor merchandising or commercial displays which
shall not be permitted as temporary uses.
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Of paramount importance is the fact that outdoor merchandising is expressly prohibited as a
temporary use. Farmers' markets, by their nature, are/include outdoor merchandising. While the
rest of the "Temporary Uses" chapter of the code might provide a suitable means of reviewing
farmers' market proposals, it is rendered inapplicable by prohibiting outdoor merchandising.
Staff considered the desirability of amending this section of the code instead of amending the public
and parks zone districts. It stands to reason, however, that when two particular things, in this case
outdoor merchandising and outdoor displays, are expressly prohibited, there was ample discussion
and reason for this omittance at the time the language was drafted. The CCLC supported
maintaining these particular provisions. That is, the CCLC felt strongly that outdoor merchandising
and commercial displays should continue to be prohibited as temporary uses, and that a code
amendment aimed at changing this section would be met with opposition from the CCLC.
Therefore, the temporary use approval process does not, in staff's opinion, present an appropriate
option in terms of providing a means of reviewing and allowing farmers' market proposals in the
City of Aspen.
Special Events Permits
The City Clerk has been appointed by the City Manager to the post of "special events coordinator,"
as defined in Chapter 14.20 of the Municipal Code. Thus, the Clerk is charged with the duties of
reviewing applications for special event permits and taking action on such applications. In speaking
with her, it became apparent that she would not issue a special event permit for a farmers' market, or
for any event that would involve more than a "one-time only" use or an ongoing approval, unless
City Council first granted approval of a temporary land use application. As was made clear in the
preceding section of this memo, the temporary land use approval process would not be available for
a proposal that includes outdoor merchandising, such as a farmers' market. Consequently, a
proposal for a farmers' market in the City of Aspen would not be an appropriate candidate for a
special events permit.
In further reviewing the special events permitting section of the code(14.20.030), it occurred to staff
that even if, hypothetically, a proposal for a farmers' market were granted conditional use approval
by the Planning and Zoning Commission, the request would still be subject to further review by the
City Council, where the applicant would need to seek approval of a vending agreement. Naturally,
the provisions of the vending agreement would, at a minimum, include the conditions of approval
imposed by the Planning and Zoning Commission. Such conditions might include, but would not
necessarily be limited to, setting requirements for, or imposing restrictions upon, size, bulk, location,
open space, buffering, screening, noise, signage, parking, traffic control, security, clean up,
maintenance, operations, hours of operation, setbacks, structure materials, and requiring such
financial securities as deemed necessary to ensure compliance with any or all conditions of approval
and/or to restore the site in question to its original use or condition.
Also under the "Special Events Permits" chapter of the code (Chapter 14.20), there is a provision for
park use permits. The applicable section, Section 14.20.050, promulgates all authority ofreview to
the city manager. While the city manager is competent to complete such a review in a
comprehensive manner, the problem with the process lies in the fact that there are no provisions for
public input or review. Staff believes that the need for public input and review in any process that
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would approve a farmers' market is important and should not be overlooked. Thus, staff does not
think that the Park Use Permit process offers the necessary level of review for proposals involving
the development of a farmers' market. Also, in Aspen's licensing provisions, Section 14.04.080 of
the Municipal Code states that "no such license or permit shall be issued for the conduct of any
business or performance of any act which would involve a violation of the zoning code of the city."
Therefore, unless the zoning code is amended to allow for farmers' markets in the City of Aspen, a
business license to operate a farmers' market cannot be issued, not in the Parks zone district or any
other zone district for that mater.
Staff was also asked to look into the mechanism(s) by which the farmers' market in Glenwood
Springs is regulated. Staff contacted the principal planner for the Town of Glenwood Springs, who
indicated that the farmers' market there is operated under a temporary merchant's license. The City
of Aspen does not have an equivalent to Glenwood's temporary merchant license; rather, their
license is sort of a hybrid of Aspen's special events permit and a temporary land use approval. The
temporary merchant's license allows the farmers' market to operate in a private parking lot on
Saturdays from mid-June through October. The license is only available in the Commercial zone
district, and it provides the only form of regulation applied to farmers' markets (other than vending
licenses). The main reasons the Glenwood system would not be acceptable in Aspen is the lack of
public review and the fact that there is little control over the potential for the market to deteriorate
into a flea market atmosphere. Again, unless the Aspen land use code is amended to allow farmers'
markets somewhere, a business license to operate a farmers' market carmot be issued.
Closing Qf a Public Street
There are many reasons that closing of a public street for limited hours of particular days would not
provide a viable option for the accommodation of a farmers' market in the City of Aspen. First and
foremost, the city code prohibits retail sales activity from taking place in public rights-of-way, and
the CCLC expressed that this is a prohibition they feel strongly about maintaining. Next, like the
park use permit, the entire review of a right-of-way encroachment license is delegated to the city
engineer, and the process includes no provisions for public input and review. Also, there are logistic
concerns arising from the Fire Department, Streets Department, Police Department, and Parking
Division of the Transportation Department regarding the closure and occupancy of pl\blic streets.
. Finally, as mentioned earlier, .a business license cannot be issued unless the use is in compliance
with the zoning regulations, and farmers' markets are not allowed in any of the City's zone districts.
PROPOSAL: Based on the foregoing, the Community Development Department proposes the
following amendments to the City of Aspen Municipal Code:
Section 26.28.240 Park (PI:
The Community Development Department proposes to amend Section 26.28.240(C), Conditional
Uses, by adding a fifth use to the list of conditional uses allowed in the Park (P) zone district, subject
to the standards and procedures established in Chapter 26.60. The proposed amendment is the result
of staff research, the opinions and input of the various boards mentioned above, and a work session
and many hearings with the Planning and Zoning Commission. Consequently, the proposed
amendment would result in Section 26.28.240(C), Conditional Uses, reading as follows, with items
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striekea em signifying language that would be removed from the existing text and items in bold
signifying the proposed amendment:
C. Conditional uses. The following uses are permitted as conditional uses in the
Park (P) zone district, subject to the standards and procedures established in
Chapter 26.60.
I. Recreation building;
2. Sport shop;
3. Restaurant facility; aOO
4. Park maintenance building; and
5. Farmers' market, as defined in Section 26.04.100, provided:
a. it operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review; ,
b. it opens to the public no e.arlier than 7 a.m. and closes no later than 2
p.m., unless modified by the Commission under the conditional use
review; and,
c. it shall be limited to those weeks that rail between the first Saturday in
June and the weekend rollowing the Thanksgiving holiday, inclusive,
unless modified by the Commission under the conditional use review.
Section 26.28250 Public (RUB)'
The Community Development Department proposes to amend Section 26.28.250(C), Conditional
Uses, by adding a third use to the list of conditional uses allowed in the Public (PUB) zone district,
subject to the standards and procedures established in Chapter 26.60. The proposed amendment is
. the result of staff research, the opinions and input of the various boards mentioned above, and a work
session and many hearings with the Planning and Zoning Commission. Consequently, the proposed
amendment would result in Section 26.28.250(C), Conditional Uses, reading as follows, with items
striekea em signifying language that would be removed from the existing text and items in bold
signifying the proposed amendment:
C. Conditional uses. The following uses are permitted as conditional uses in the
Public (PUB) zone district, subject to the standards and procedures established in
Chapter 26.60. .
1. Maintenance shop; aOO
2. Affordable housing; and
3. Farmers' market, as defined in Section 26.04.100, provided:
a. it operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
b. it opens to the public no earlier than 7 a.m. and closes no later than 2
p.m., unless modified by the Commission under the conditional use
review; and,
c. it shall be limited to those weeks that rail between the first Saturday in
June and the weekend rollowing the Thanksgiving holiday, inclusive,
unless modified by the Commission under the conditional use review.
Section 26 04.100 Definitions'
Staff proposes to amend the definitions section of the Land Use Code by adding a definition for
"farmers' market" in its alphabetically correct place (between "farm buildings" and "farm uses").
7
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.
The proposed amendment is the result of staff research, the opinions and input of the various boards
mentioned above, and a work session and many hearings with the Planning and Zoning Commission.
Staff and the Planning and Zoning Commission are recommending adoption of the following
definition:
Farmers' market: A farmers' market is a market that provides the opportunity for
direct sale of primarily Colorado-grown produce, with the potential for accessory
sales of other agriculturally-related products, to wholesale or retail buyers at stalls or
other similar structures of a temporary nature.
RECOMMENDATIONS: After reviewing the potential benefits and pitfalls of various processes
by which farmers' markets could be accommodated in the City of Aspen, staff has come full-circle
in finding that the most appropriate and, in general, best option would be to allow farmers' markets
through the conditional use review process. This process gives the City the greatest control over the
potential outcomes, allows for a public process, provides the greatest and highest degree of scrutiny,
and allows for periodic. review and rectification of problems. With the conditional use process, an
applicant would still be required to go before the City Council to obtain a vending agreement. The
applicant would also have to apply for licensing, which would not be available if the land use were
not allowed in the particular zone district, or until after a conditional use approval was granted. In
addition, the Plarming and Zoning Commission, the Historic Preservation Commission, the
Commercial Core and Lodging Commission, and the Downtown Enhancement and Pedestrian Plan
task force all concur with staff s recommendation.
Therefore, staff recommends that City Council approve the proposed code amendments which
would allow farmers' markets as a conditional use in both the Public (PUB) and Parks (P) zone
districts. Staff further recommends that Council adopt the definition of the term "farmers' market,"
as provided in this memorandum, dated September 8; 1997.
RECOMMENDED MOTION: "I move to approve the proposed code amendments that would
allow farmers' markets as a conditional use in the Parks (P) and Public (PUB) zone districts, and
would define the term "farmers' market" in the way described in the September 8, 1997 staff
memorandum."
CITY MANAGER COMMENTS:
8
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SECOND ADDENDUM
TO:
THRU:
Aspen Planning and Zoning Commission
Stan Clauson, Community Development Director 56At.. ~
Julie Ann Woods, Deputy Director~. :0 t
Mitch Haas, Planner ~ ,I -:
Code/Text Amendments --- Farmers' Markets
FROM:
RE:
DATE:
August 19, 1997 (second addendum to the June 17, 1997 memorandum)
Summary: Staff is requesting approval of a code amendment that would allow "farmers' markets"
in the Park (P) and Public (PUB) zone districts as conditional uses. Along with the requested
amendment, it would also be necessary to add a definition for the term "farmers' market" to Section
26.04.100, Definitions, of the Land Use Code.
Staff is recommending that the Commission advise City Council to approve the proposed
amendments.
TEXT AMENDMENTS:
1. Section 26.28.240, Park (P):
Proposed Amendment: The Community Development Department proposes to amend Section
26.28.240(C), Conditional Uses, by adding a fifth use to the list of conditional uses allowed in the
Park (P) zone district, subject to the standards and procedures established in Chapter 26.60.
Consequently, the proposed amendment would result in Section 26.28.240(C), Conditional Uses,
reading as follows, with items in bold signifying the proposed amendment:
C. Conditional uses. The following uses are permitted as conditional uses in the
Park (P) zone district, subject to the standards and procedures established in
Chapter 26.60.
I. Recreation building;
2. Sport shop;
3. Restaurant facility; aOO
4. Park maintenance building; and
5. Farmers' market, as defined in Section 26.04.100, provided:
a. it operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
b. it begins operation no earlier than 7 a.m. and closes no later than 2
p.m., unless modified by the Commission under the conditional use
review; and,
c. it shall be limited to those weeks that fall between the first Saturday in
June and the weekend roIlowing the Thanksgiving holiday, inclusive,
unless modified by the Commission under the conditional use review.
r-.
,.-,
2. Section 26.28.250, Public (PUB):
Proposed Amendment: The Community Development Department proposes to amend Section
26.28.250(C), Conditional Uses, by adding a third use to the list of conditional uses allowed in the
Public (PUB) zone district, subject to the standards and procedures established in Chapter 26.60.
Consequently, the proposed amendment would result in Section 26.28.250(C), Conditional Uses,
reading as follows, with items in bold signifying the proposed amendment:
C. Conditional uses. The following uses are permitted as conditional uses in the
Public (PUB) zone district, subject to the standards and procedures established in
Chapter 26.60.
I. Maintenance shop; aOO
2. Affordable housing; and
3. Farmers' market, as defined in Section 26.04.100, provided:
a. it operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
b. it begins operation no earlier than 7 a.m. and closes no later than 2
p.m., unless modified by the Commission under the conditional use
review; and,
c. it shall be limited to those weeks that rail between the first Saturday in
June and the weekend rollowing the Thanksgiving holiday, inclusive,
unless modified by the Commission under the conditional use review.
3. Section 26.04.100, Definitions:
Proposed Amendment: Staff proposes to amend the definitions section of the Land Use Code by
adding a definition for "farmers' market" in its alphabetically correct place (between "farm
buildings" and "farm uses"). Instead of the proposed definition that was provided in the staff
memorandum dated June 17, 1997, staff is recommending the adoption of the following definition:
Farmers' market: A farmers' market is a market that provides the opportunity for
direct sale of produce from farmers to wholesale or retail buyers at stalls or other
similar structures of a temporary nature. Although a farmers' market can involve
the sale of many products (including but not limited to candy, flowers, and
packaged foods such as pies), the majority of sales and activity must continue to
focus on Colorado-grown produce in order to maintain the spirit of the concept.
RECOMMENDATIONS: After reviewing the potential benefits and pitfalls of various processes.
by which farmers' markets could be accommodated in the City of Aspen, staff has come full-circle
in finding that the most appropriate and, in general, best option would be to allow farmers' markets
through the conditional use review process. This process gives the City the greatest control over the
potential outcomes, allows for a public process, provides the greatest and highest degree of scrutiny,
and allows for periodic review and rectification of problems. With the conditional use process, .an
applicant would still be required to go before the City Council to obtain a vending agreement. The
applicant would also have to apply for licensing, which would not be available if the land use were
not allowed in the particular zone district, or until after a conditional use approval was granted.
2
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/--
Therefore, staff continues to recommend that the Planning and Zoning Commission advise City
Council to allow farmers' markets as a conditional use in both the Public (PUB) and Parks. (P) zone
districts. Staff further recommends that the Commission suggest that Council adopt the definition of
the term "farmers' market," as provided in this second addendum, dated August 19, 1997.
RECOMMENDED MOTION: "I move to recommend that City Council adopt the proposed code
amendments that would allow farmers' markets as a conditional use in the Parks (P) and Public
(PUB) zone districts, and would define the term "farmers' market" in the way described in the
August 19, 1997 addendum to the staff memo ofJune 17, 1997."
3
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ADDEN-DUM
TO:
Aspen Plarming and Zoning Commission . .~ .
/,:' /
Stan Clauson, Community De. veloP. ~ r LrY
Julie Ann Woods, Deputy Director .. r _ . \_./
Mitch Haas, Planner A{.L\ '.. - - .
Text/Code Amendments --- Farmers' Markets
THRU:
FROM:
RE:
DATE:
July 15, 1997 (addendum to the June 17, 1997 memorandum)
BACKGROUND: When the Plarming and Zoning Commission's hearing regarding the
proposed code amendments that would allo;W/\lffi1ers' markets in the public (PUB) and parks (P)
zone districts as conditional uses was opened on June 17, 1997, a number of concerns and
questions were raised. Some of the cOl).pern~ r.ai~(l<i included a de~ire to know the opinions of
various other entities such as the Commercial Core and Lodging Commission (hereinafter
referred to as the CCLC), the Downtown. I\nl1~s~ment and Pedestrian Plan task force (herein-
after referred to as the DEPP), the Parks Del'aI1:went, and the Historic Preservation Commission
(HPC). In addition, the Commission asked that staff look further into alternative methods of
allowing for farmers' markets in the City of Aspen, such as through the temporary use process,
the special events permitting process, or closing of a public street for specified time periods.
This addendum is intended to provide a folloW up to these directives as well as to provide a
slightly modified, alternative version ofthe proposed definition of the term "farmers' market."
-DISCUSSION: The Plarming and Zoning Commission requested that staff solicit the opinions
of other groups with regard to the concept of allowing farmers' markets in the City of Aspen
and/or in the commercial core. Accordingly, staff has met with the DEPP, the CCLC, the HPC,
and the Parks Department to ascertain theiropinions regarding the proposed code amendments.
The following is a summation of staff s findings:
lJEE..E.
As a group, DEPP gave their endorsement to theccmcept of allowing farmers' markets within the
City and downtown area. The DEPP also added. that they would want the review process to be
capable of providing for close scrutiny of the specifics/details of each particular proposal. At
least one member made it clear that he felt thafifwould be important to make ~ure a farmers'
market in Aspen would be limited to selIing only Colorado-grown produce. In general, the
DEPP put forth the notion that they wouldbe~~tywilling, even anxious, to try out a farmers'
market somewhere in town just to "see how it goes," provided the ability to make changes
(including the ability to move its location) after evaluating its impacts and successes is built into
the approval (i.e., conditional approval). .
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HPC and the Parks Devartment ........
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The Historic Preservation CommissionQiPY)i.~!1dorsed not only the concept of allowing
farmers' markets in the downtown area,.g*;IlPJ'!f\,ved a motion, by a unanimous vote of 5-0,
stating that the HPC recommends that tl:!!Il:~i~!j~fJl!1pil ado~t the code ~endments as propos~d
by staff. To elaborate, the HPC stated tl:!!lt.J:li~y;.~!1#wse the Idea of allowmg farmers' markets m
the Public (PUB) and Parks (P) zone di~~~9!$}1t,pi~.ngh the conditional use review process. The
HPC also declared an interest in being iry~9Jy~~;~ii.~{r~ review of specific proposals by having the
ability to forward the recommendation,ofilie"1'l'I!Cto the Plarming and Zoning Commission
before it renders a decision regarding !!!1x.~p~~ffii;Jarmers' market proposals. Provided the
proposed code amendments were approi'e,~~tlfe,Jjg9;felt that their input could come in the form
of either holding a formal hearing, th~;f~S.VI,ts\~f which would be forwarded to the P&Z
Commission as a recommendation, or th~$'S()i.iJ4~!,clyide their input during the public comments
portion of the conditional use hearing.";; .!; ",'bi .) ;
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As of the date this memo/addendum wa.si;omp1eted, staff had not yet received the Parks
Department memo giving their position with regard to the proposed code amendments. The
Parks Department memo will be distribute9f!tpt.bj;fore the continued hearing on July 15, 1997.
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ALTERNATIVES: The Plarming andi~W~~j:9~mmission also asked that staff evaluate the
merits of allowing farmers' markets tl1l'~PIl'~;,~~cft;:()ther processes (other than conditional use
review) as the temporary use process, th~:~n:~8iltl\~Y~llts permitting process, or closing of a public
street for certain times. The followirlg}~lltiiiiiartzes staff s findings with regard to these
alternatives. \~ ~>;,,;:,~,' _\'::':::~'~;i:\/\'
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Temvorary Uses
or may not be permitted in a given zone
and temporary basis upon individual
Section 26.96.010 of the Land Use
Temporary uses are those uses or
district, but which may be allowed on
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review of their proposed nature, locati~~,',44;'q(!~k;';impact, and compatibility with surrounding
permitted uses an.d structures, excepti1Jgiii!riJg'1t.:i1:Jfrchandising or commercial displays which
shall not be permItted as temporary uses.'';":';',';,,,: .
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For the purpose of relating this statemei1.tt6:thep'at~ntial for allowing farmers' markets through
the temporary use process, one part,of'theabove referenced statement is of paramount
importance, namely the fact that outdoorrn~1"chiiJi4i$ing is expressly prohibited as a temporary
use. Farmers' markets, by their nature, ar..e./inclu.. de ou.tdoor merchandising. While the rest of the
"Temporary Uses" chapter of the code~8UI<fJ~I'I'~lll'to provide a suitable means of revieWing
farmers' market proposals, it is rendered ir,r~!~y;an,tJ:1ythis one, particular statement.
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Consequently, staff considered the desirabilitYofarnending this section of the code instead of
amending the Public and Parks zone districts.;Itstands to reason, however, that when two
particular things, in this case outdoor 1l.1~rchandising and outdoor displays, are expressly
prohibited, there was ample discussion andreasonfor this omittance at the time the language was
drafted. When mentioned to the CCLC, .theyd,elllonstrated fairly strong support of maintaining
these particular provisions. That is, tl1~i~?lJ~vif'elt strongly that outdoor merchandising and
commercial displays should continue t,o:::B~(ttirgIiij;ited as temporary uses, and that a code
amendment aimed at changing this secj:iqn.;,:wotddbe met with opposition from the CCLC.
Therefore, the temporary use process doestJ()t,in,~taffs opinion, present a viable option in terms
of providing a means of reviewing and aIlg,win.g f<liroers' market proposals in the City of Aspen.
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Special Rvents Permits
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Also under the "Special Events Permits"'cnap'ier 'otth~ code (Chapter 14.20), there is a provision
for park use permits. The applicable section;: Section 14.20.050, promulgates all authority of
review to the city manager. While the city'lllan,ageris competent to complete such a review in a
comprehensive manner, the problem with:the>PWy,es$lies in the fact that there are no provisions
for public input or review. StaffbelievesthllrtQ.(j,},i~~dfor public input and review in any process
that would approve a farmers' market ifAr~4€:t#m$:importance and should not be overlooked.
Thus, staff does not think that the Park {J'$e:Pt::q\Ji,t process offers the necessary level of review
for proposals involving the developmeni:ibif' 'a.: ,fanners' market. Also, in Aspen's licensing
provisions, Section 14.04.080 of the Mupiciji~C9destates that "no such license or permit shall
be issued for the conduct of any busines~,,'~t',JJfrj'ormance of any act which would involve a
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violation of the zoning code of the city."'Ther~for~"tillless the zoning code is amended to allow
for farmers' markets in the City of Aspel).,:~ '[jq$iD.~ssjicense to operate a farmers' market cannot
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be issued, not in the Parks zone district obinyotJier z.one district for that matter.
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In further reading into the special event.sp~.fullttillg,s.ection of the code (14.20.030), it becomes
',!""\l/f'.'~:''''i'' <]',iC-::"';'
apparent that even if, hypothetically, a pr9~q,s~.fpr;a.farmers' market were granted conditional
use approval by the Plarming and Zoniri~iG~~i'ssion, the request would still be subject to
further review by the City Council, wh~r~itli~;,~g'plicant would need to seek approval of a
vending agreement. Naturally, the Proy:i'sl,9n,sAf.:~e vending agreement would, at a minimum,
include the conditions of approval imposed by: the Plarming and Zoning Commission. Such
conditions might include, but would notn~<;~*s&il'y be limited to, setting requirements for, or
imposing restrictions upon, size, bulk, loc~ti.ol1,open space, buffering, screening, noise, signage,
parking, traffic control, security, clean ump:~flil1t~n<I11ce, operations, hours of operation, setbacks,
structure materials, and requiring SUC!;1...4l).\lll<#1j:lsecurities as deemed necessary to ensure
compliance with any or all conditionsdf.'~pJit,$yitf'and/or to restore the site in question to its
original use or condition. . ' '. .
Staff was also asked to look into the m~c1ill.iii$m{~'by which the farmers' market in Glenwood
.. .,.. ...,)..', ',: ,;;.:c.....,.;,,-:,,:-:::,:/.,,:'
Springs is regulated. In fulfillment of this directive,; staff contacted the principal planner for the
Town of Glen wood Springs, who infol1ll~9!'~Wf~;that~e farmers' market there is operated under
a temporary merchant's license. Th~i,'lZJK~~ii;iD1t@%spen does not have a pure equivalent of
Glenwood's temporary merchant licens~llr\~~~;'btP~ir license is sort of a hybrid of Aspen's
special events permit and temporary land.jl~ea:ppfkYaf. The temporary merchant's license allows
"!';:,',':l;.i'r':~, i:",':;'/:"'<.~'
the farmers' market to operate in a pri>j~t~;iJ>'~,J{,1Nglot on Saturdays from mid-June through
October. The license is only available itiYt~~~pZWiier. cial zone district, and it provides the only
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form of regulation applied to farmers' mll{!t~t,s.(.oWer than vending licenses and Department of
Health licensing). The main reasons th.e qi~iiWoQ~'system would not be appropriate in Aspen is
1,_,,";-1"'1""";')[':
the lack of public review and the fact tha,t1A~l'~,i,s, ~i~le control over the potential for the market
to deteriorate into a flea market atmospIj:~r#;:i~~~i!i~:unless the Aspen land use code is amended
to allow farmers' markets somewhere, a;M~irig~~"llc~i1se to operate a farmers' market cannot be
~.i ". "'. "1":,'-"'; '.' :--:':'.:' '" " " :
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Issue. "'",,' .
Closing qf a Public Street ')iii' H, i.:i,+':
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There are many reasons that closing of ~.J?gW.1?:,~~r.~rt, for limited hours of particular days would
not provide a viable option for the accoll;j~J.pdatipii.of a farmers' market in the City of Aspen.
First and foremost, the city code prohibitS'iJtai:i'kirl~:Sactivity from taking place in public rights-
",." ~",:~":"'r';'?" . ~ \, '
of-way, and the CCLC expressed that thisJ~)~I~~R~mition they strongly support. Next, like the
park use permit, the entire review of a rigliF.(')f,+~~X:i'~pcroachment license is overseen by a single
person, the city engineer, and the proctCs~'i'~?I~~~~(.llo provisions for public input and review.
Also, there are logistic concerns arisingfromtlieFire Department, Streets Department, Police
Department, and Parking Division of theTp~sp6itation Department regarding the closure and
occupancy of public streets. Finally, as)ri@n~i9i'L6~' earlier, a business license cannot be issued
unless the use is in compliance with:tI1~:7~~iJ1g\ ,regulations, and farmers' markets are not
currently allowed in any of the City's zori~~ts!J;tci{;,
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Alternative Definition
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Staff proposes to amend the definitions sesti$h(i0f,tlteLand Use Code by adding a definition for
"farmers' market" in its alphabetically cO.rres~pl!'ls~.;6between "farm buildings" and "farm uses").
The proposed definition was providedin;t1J,e;~taM:rnemorandum dated June 17, 1997. As an
alternative, staffis providing the following'definitibnas well:
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Farmers' market: A farmers' market i~.a;Jl}ar~etthat provides the opportunity for direct
sale of produce from farmers to whole~~le<qr retail buyers at stalls or other similar
structures. Although a farmers' maike~9ai1;iavolve the sale of many products (including
but not limited to candy, flowers, and packaged foods such as pies), the majority of sales
and activity must continue to focus on C9lofado-grown produce in order to maintain the
spirit of the concept.
RECOMMEN-DATIONS: After revi~\Vi~g . the potential benefits and pitfalls of various
processes by which farmers' markets cquI4'iB,~,J\Scpmmodated in the City of Aspen, staff has
come full-circle in finding that the mostiapprPPfiat.e and, in general, best option would be to
allow farmers' markets through the conditlo~~;,p.~e.feview process. This process gives the City
the greatest control over the potential outCOr:n~S1:f'{i~\OW' for a public process, provides the greatest
and highest degree of scrutiny, and allq'o/~Ff$~tlJleripdic review and rectification of problems.
With the conditional use process, an a~pli~~p,lW9tild still be required to go before the City
Council to obtain a vending agreement."1'fi'e";ap~lil;aht would also have to apply for licensing,
which would not be available if the landuseIwere'not allowed in the particular zone district, or
until after a conditional use approva.l was granted.'"(
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Therefore, staff continues to recommenchthll;ti:(h:~iP.lanning and Zoning Commission advise City
Council to allow farmers' markets as aconditiqnal.lIse in both the Public (PUB) and Parks (P)
zone districts. Staff further recommends 'tl1af the ' Commission suggest that Council adopt the
definition of the term "farmers' market," as pmvided in this addendum.
RECOMMEN-DED MOTION: "I movet6'tedoll1rhend that City Council adopt the proposed
code amendments that would allow fanners'ma1;~ets as a conditional use in the Parks (P) and
Public (PUB) zone districts, and would d~fcli~;W~'t~'r\p"farmers' market" in the way described in
theJuly 15, 1997 addendum to the staffm7m~';~~ifim~) 7,1997."
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MEMORAN-DUM
TO:
Aspen Planning and Zoning Commission
THRU:
Stan Clauson, Community Development Director
Julie Ann Woods, Deputy Director
FROM:
Mitch Haas, Plarmer
RE:
Code/Text Amendments --- Farmers' Markets
-DATE:
June3,1997
Summary: Staff is requesting approval of a code amendment that would allow "farmers'
markets" in the Park (P) and Public (PUB) zone districts as conditional uses. Along with the
requested amendment, it would also be necessary to add a definition for the term "farmers'
market" to Section 26.04.1 00, Definitions, 'of the Larid Use Code.
Staff is recommending that the Commis~ioti I advise City Council to approve the proposed
amendments.
Background: A citizen asked the Community Development Department if and where a person
could establish a farmers' market. The answer, unfortunately, was that none of the zone districts
allow farmers' markets and the Land Use Code does not address this use in any way. The
citizen's question, more specifically, waS\vhetherornot a farmers' market would be possible in
a park or a public parking lot. Under current regulations, the answer is "no, a farmers' market
would not be allowed in City owned parks or parking areas, not even as a conditional use." This
provoked some thought on the part of staff because it seemed that it would be reasonable to
allow farmers' markets through conditional use review.
Given the ability to review proposals for conCli.tiona!uses on a case-by-case basis, staff felt that
farmers' markets could be an asset to the' Cii}i;"lumany ways while the potential for adverse
impacts could be adequately addressed by either' placing conditions upon each approval or
denying those proposals that are found to beinajJpropriate. For instance, such factors as size,
operating characteristics, location, timesofopenitiori, deSign and layout, products sold, and other
concerns could be reviewed on a case-by-case basis and addressed through the use of conditions
of approval. Staff does not anticipate an influx of proposals for farmers' markets, nor does staff
foresee more than one farmers' market oper~ting in the City at any given time.
There are many reasons staff feels that alloV\jng farmers' markets as a' conditional use in the
Parks and Public zone districts is advisa.ble, '.' first, by allowing them in only the two
aforementioned zone districts, the City isgivenII1or~ control over the potential sites than would
be the case in any other districts. Also, farmers' markets have, in other communities, been
successful in helping to breathe new life illtodowlltown neighborhoods by generating pedestrian
activity and community interaction. According to research done by Urban Marketing
.
.
r--.
(""'\.
Collaborative (an east coast consulting firm); farmers' markets generally depend on local
residents. That is, farmers' markets create a comlllunity meeting place; not only do they provide
an opportunity for the farming community to interact with other community members, but they
are also places for informal interaction and communication among the rest of the community. A
meeting place is an important contributor to the social fabric, allowing people to feel connected
to each other and their community. Therefore, 'the proposed code amendment is in harmony with
the goals and vision of the Aspen Area COnun'unity Plan
0', ,
Another role for farmers' markets is the prollloti()n of local agriculture, which is just as important
in areas that rely less heavily on farming as. ih):hbse areas that have large numbers of farmers.
These facilities provide an opportunity for farmers in the region to sell their merchandise
directly, which is particularly helpful for smaller producers with limited channels of distribution.
This direct marketing also provides small farmers with the best price possible for their produce,
an important benefit to the local/regional agriCultural economy. In exchange, the community
benefits from the provision of greater q~ity and variety of produce.
With regard to allowing farmers' mark<ets' orily as conditional uses, staff feels that this is
important because farmers' markets requireseiiainconsiderations to facilitate their success, both
economically and from a community perspective. ,For example, in order to ensure that farmers'
markets are appealing to the community, ids hnportant to have a market design that maintains an
inviting and attractive place for peoplet(),~~()p;j'Ul~;move about. Lively booths, bustling stalls
and invitingly displayed merchandise aILct\l~teJ:h<e$biance special to a farmers' market whiCh
".~ ,."..1,', ;..' " " k '- ,- ,
attracts customers. .
",_',',.'i;
Farmers' markets throughout the countrYh,ryeOfound that once the goal of supporting local
agriculture is lost, the farmers' market rapiq1).:de.teriorates into a flea market-type facility. By
requiring conditional use review, maintainil1g' an' agricultural focus can be ensured, thereby
fostering a stronger market operation. Thisj~l1ot to say that crafts and other nonfood products
could not be sold, but limitations (i.e., condition~) on such products could be set. Defining the
products that a tenant can sell and enforcing the conditions on products that can be sold are as
important in a farmers' market as they are iria.coriventional shopping mall. Some markets are
restricted to farmers who must demonstratetlJ.atthey own or rent land which is capable of
producing what they sell. Such restrictions can be enforced in markets that operate only during
the growing season and only on certairi'days of the week. For these and other reasons, it is
essential that a review process that culminatesil1,apublic hearing, as conditional use review
does, be the means by which farmers' markets would be allowed in the City.
;. ~~,
TEXT AMENnMENTS:
"'. i<
"'<,',1",:,\'"
1. Section 26.28.240, Park (P):
Proposed Amendment: The Community Deve1Clpment Department proposes to amend Section
26.28.240(C), Conditional Uses, by adding:a fifili'use to the list of conditional uses allowed in
the Park (P) zone distriCt, subject to the stiitldaids .and procedures established in Chapter 26.60.
"'.";'.:.!..'.'. .' .
1\ I
2
,
r'
/"-':
Consequently, the proposed amendmentwouldresult in Section 26.28.240(C), Conditional Uses,
reading as follows, with items in bold signifying the. proposed amendment:
C. Conditional uses. The followi1l,g\1sfls are permitted as conditional uses in the
Park (P) zone district, subject to th:e standards and procedures established in
Chapter 26.60.
I. Recreation building;
2. Sport shop;
3. Restaurant facility; afitI
4. Park maintenance building; arid'
5. Farmers' market.
2. Section 26.28.250, Public (PUB):
Proposed Amendment: The Community Development Department proposes to amend Section
26.28.250(C), Conditional Uses, by adding a. third use to the list of conditional uses allowed in
the Public (PUB) zone district, subject to th~ standards and procedures established in Chapter
26.60. Consequently, the proposed<ime~dn1l;lni would result in Section 26.28.250(C),
Conditional Uses, reading as follows, withitelUs in.b6ld signifying the proposed amendment:
'.' ,:,'::.,. '~"': .,': ".,'.,::,' ,:','"
C. Conditional uses. The followin~u,s~~.ai~.permitted as conditional uses in the
Public (PUB) zone district, sUbjec(totiiestandards and procedures e~tablished
in Chapter 26.60.
1. Maintenance shop; afitI
2. Affordable housing; and
3. Farmers' market.
3. Section 26.04.100, -Definitions:
Proposed Amendment: Staff proposes to amend the definitions section of the Land Use Code
by adding a definition for "farmers' market;' iIl)ts alphabetically correct place (between "farm
buildings" and "farm uses"). The proposes! definition would read as follows:
Farmers' market: A farmers' marketisa.mllXket that provides the opportunity for
direct sale of produce from farm.erst~.*l1dle~aJe or retail buyers at stalls or other
structures. The emphasis must b60~tl1epromise of fresh, healthy produce and
connection with the agriculturecQtnWlJIlity. Although a farmers' market can
involve many products (including cand)\ meat; flowers, and packaged foods such
as pies), in order to attract retail activity volume, the majority of sales and activity
must continue to be fresh produce ill order to maintain the spirit of the concept.
Farmers' markets can range from temporary seasonal tents where stalls are set up
every week and broken down at the end of the day to year-round facilities.
RECOMMEN-DE-D MOTION: "I move to recommend to Council adoption of the proposed
amendments to the Aspen Land Use COlle, as d~scribed in the staff memorandum dated
June 17, 1997."
,-,
~!
MEMORANDUM
TO:
Mitch Haas
RECEIVED
,111/ I 6 1997
FROM:
Jeff Woods, Parks Director
COMMt~~N / PITKIN
OI'NI.;LQPMENT
-DATE:
July 11, 1997
RE:
CodelText Amendrnents--Farmers' Markets
The Parks Department supports activities which strengthen the mission of parks and open space.
One of those missions is providing activities which create opportunities for social interaction.
On the surface, a Farmers' Market seems to be a perfect fit for Parks. However, as one looks at
the details and operational requirements for these Markets several concerns arise. In order for a
Farmers' Market to work successfully they need to be in a location which has good access to
parking, commercial support facilities and be visible to the community. This eliminates from
consideration most of our Parks since they are neighborhood facilities. Two of the parks which
meet the requirements for a Farmers' Market are Wagner and Rio Grande, however these parks
are not currently designed to handle this kind of event. Several constraints on these parks such as
overuse, lack of hard or resilient surface for booths and circulation, and inadequate sanitary
facilities are expensive difficult design challenges in order for either to be considered for a
"Farmers Market". These issues coupled with the difficulty of maintenance of our already over-
taxed athletic fields eliminates these two parks from current consideration.
The current proposal identifies the "Ritz Ice Rink" as the site for this proposal.. While this
proposal is on private property it is important that we look for alternatives which could work as a
"Farmers Market". Through the process of elimination two sites, the Parking Garage and the
Mall, both located in the downtown core seem to meet the criteria required for a Farmers'
Market. Yet, in their current design configuration neither is ideally suited for a Farmers' Market.
While the conditional use permit process seemingly protects the City interests I believe it sends
the message that the Parks Department is supporting these facilities. This is a very important
issue since the main mission of the Parks Department is to preserve and maintain these lands for
today's and tomorrow's users. The public trust of this stewardship is essential for our
Departments' continued support from the public. It is paramount that this concept go through a
public process before my department could support using parks for a Farmer's Market. I believe
that the current DEPP process is a good format to explore the issue of a Farmers' Market in the
larger context of the downtown commercial core.
,-,
i'-'"
'"
In closing the Parks Department has serious reservations about a blanket code amendment to
allow "Farmers' Markets" in the Park zone district. If through the process there is public
support for the concept and our Departments' reservations are addressed I am then willing to
publicly support this "Farmers Market" change to the land use code.
,
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MEMORANDUM
TO:
Aspen Plarming and Zoning Commission
Stan Clauson, Community Development Direct01~Z):/
Julie Ann Woods, Deputy Director ~.
Mitch Haas, Planner ~ l .
Code/Text Amendments --- Farmers' Markets
THRU:
FROM:
RE:
-DATE:
June 3, 1997
Summary: Staff is requesting approval of a code amendment that would allow "farmers'
markets" in the Park (P) and Public (PUB) zone districts as conditional uses. Along with the
requested amendment, it would also be necessary to add a definition for the term "farmers'
market" to Section 26.04.100, Definitions, of the Land Use Code.
Staff is recommending that the Commission advise City Council to approve the proposed
amendments.
Background: A citizen asked the Community Development Department if and where a person
could establish a farmers' market. The answer, unfortunately, was that none of the zone districts
allow farmers' markets and the Land Use Code does not address this use in any way. The
citizen's question, more specifically, was whether or not a farmers' market would be possible in
a park or a public parking lot. Under current regulations, the answer is "no, a farmers' market
would not be allowed in City owned parks or parking areas, not even as a conditional use." This
provoked some thought on the part of staff because it seemed that it would be reasonable to
allow farmers' markets through conditional use review. .
Given the ability to review proposals for conditional uses on a case-by-case basis, staff felt that
farmers' markets could be an asset to the City in many ways while the potential for adverse
impacts could be adequately addressed by either placing conditions upon each approval or
denying those proposals that are found to be inappropriate. For instance, such factors as size,
operating characteristics, location, times of operation, design and layout, products sold, and other
concerns could be reviewed on a case-by-case basis and addressed through the use of conditions
of approval. Staff does not anticipate an influx of proposals for farmers' markets, nor does staff
foresee more than one farmers' market operating in the City at any given time.
There are many reasons staff feels that allowing farmers' markets as a conditional use in the
Parks and Public zone districts is advisable. First, by allowing them in only the two
aforementioned zone districts, the City is given more control over the potential sites than would
be the case in any other districts. Also, farmers' markets have, in other communities, been
successful in helping to breathe new life into downtown neighborhoods by generating pedestrian
activity and community interaction. According to research done by Urban Marketing
,
,-"
,-,.
Collaborative (an east coast consulting firm), farmers' markets generally depend on local
residents. That is, farmers' markets create a community meeting place; not only do they provide
an opportunity for the farming community to interact with other community members, but they
are also places for informal interaction and communication among the rest of the community. A
meeting place is an important contributor to the social fabric, allowing people to feel connected
to each other and their community. Therefore, the proposed code amendment is in harmony with
the goals and vision of the Aspen Area Community Plan
Another role for farmers' markets is the promotion of local agriculture, which is just as important
in areas that rely less heavily on farming as in those areas that have large numbers of farmers.
These facilities provide an opportunity for farmers in the region to sell their merchandise
directly, which is particularly helpful for smaller producers with limited channels of distribution.
This direct marketing also provides small farmers with the best price possible for their produce,
an important benefit to the localiregional agricultural economy. In exchange, the community
benefits from the provision of greater quality and variety of produce.
With regard to allowing farmers' markets only as conditional uses, staff feels that this is
important because farmers' markets require certain considerations to facilitate their success, both
economically and from a community perspective. For example, in order to ensure that farmers'
markets are appealing to the community, it is important to have a market design that maintains an
inviting and attractive place for people to shop and move about. Lively booths, bustling stalls
and invitingly displayed merchandise all create the ambiance special to a farmers' market which
attracts customers.
Farmers" markets throughout the country have found that once the goal of supporting local
agriculture is lost, the farmers' market rapidly deteriorates into a flea market-type facility. By
requiring conditional use review, maintaining an agricultural focus can be ensured, thereby
fostering a stronger market operation. This is not to say that crafts and other nonfood products
could not be sold, but limitations (i.e., conditions) on such products could be set. Defining the
products that a tenant can sell and enforcing the conditions on products that can be sold are as
important in a farmers' market as they are in a conventional shopping mall. Some markets are
restricted to farmers who must demonstrate that they own or rent land which is capable of
producing what they sell. Such restrictions can be enforced in markets that operate only during
the growing season and only on certain days of the week. For these and other reasons, it is
essential that a review process that culminates in a public hearing, as conditional use review
does, be the means by which farmers' markets would be allowed in the City.
TEXT AMENDMENTS:
1. Section 26.28.240, Park (P):
Proposed Amendment: The Community Development Department proposes to amend Section
26.28.240(C), Conditional Uses, by adding a fifth use to the list of conditional uses allowed in
the Park (P) zone district, subject to the standards and procedures established in Chapter 26.60.
2
,,-,
,-"
Consequently, the proposed amendment would result in Section 26.28.240(C), Conditional Uses,
reading as follows, with items in bold signifying the proposed amendment:
C. Conditional uses. The following uses are permitted as conditional uses in the
Park (P) zone district, subject to the standards and procedures established in
Chapter 26.60.
I. Recreation building;
2. Sport shop;
3. Restaurant facility; aHEi
4. Park maintenance building; and
5. Farmers' market.
2. Section 26.28.250, Public (PUB):
Proposed Amendment: The Community Development Department proposes to amend Section
26.28.250(C), Conditional Uses, by adding a third use to the list of conditional uses allowed in
the Public (PUB) zone district, subject to the standards and procedures established in Chapter
26.60. Consequently,' the proposed amendment would result in Section 26.28.250(C),
Conditional Uses, reading as follows, with items in bold signifying the proposed amendment:
C. Conditional uses. The following uses are permitted as conditional uses in the
Public (PUB) zone district, subject to the standards and procedures established
in Chapter 26.60.
1. Maintenance shop; aHEi
2. Affordable housing; and
3. Farmers' market.
3. Section 26.04.100, Definitions:
Proposed Amendment: Staff proposes to amend the definitions section of the Land Use Code
by adding a definition for "farmers' market" in its alphabetically correct place (between "farm
buildings" and "farm uses"). The proposed definition would read as follows:
Farmers' market: A farm~rs' market is a market that provides the opportunity for
direct sale of produce from farmers to wholesale or retail buyers at stalls or other
structures. The emphasis must be on the promise of fresh, healthy produce and
connection with the agriculture community. Although a farmers' market can
involve many products (including candy, meat, flowers, and packaged foods such
as pies), in order to attract retail activity volume, the majority of sales and activity
must continue to be fresh produce in order to maintain the spirit of the concept.
Farmers' markets can range from temporary seasonal tents where stalls are set up
every week and broken down at the end of the day to year-round facilities.
RECOMMENnED MOTION: "I move to recommend to Council adoption ofthe proposed
amendments to the Aspen Land Use Code, as described in the staff memorandum dated
June 17, 1997."
3
,
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,.-..,
.F
MEMORANDUM
To: Mitch Haas, Planner
Thru: Nick Adeh, City Engine~
From: Chuck Roth, Project Engineer (;1<
Date: March 6, 1998
Re: Proposed Code Amendments to Vending Agreement Section
The Development Review Committee has reviewed the above referenced application at their
February25, 1998 meeting, and we have the following comments:
1. Aspen Volunteer Fire nepartment - The block of Galena Street between Main Street and
Hopkins A venue would not be a good location because that is the Fire Department route to
emergency response via Main Street. For any other locations, a map with times and dates would be
required.
2. City Water Department - The Water Department would be concerned that vendors would like
water taps for drinking; vendor uses, and/or washdown purposes. A water tap would not be granted
for that purpose. . _ M,~~
3. Downtown Enhancement Pedestrian Prol!ram - c~on-..~~ this code
amendment was presented to DEPP and that it was approved. We discussed that the DEPP
improvements could be planned to include utility taps for street vending purposes.
4. General Comments -
a. Advertise locations of public restrooms. (Will DEPP add public restrooms?)
b. How will public right-of-way clean-up be provided for? Will prepared foods or fresh
produce be eaten on-site? prOVide~ containers. Will there be street furniture?
c. Will there be a public property use fee such as the mall lease agreements for restaurants
on the mall?
d. Adequate public facilities, such as power supply?
I
,
,\
,
,-'
~
,
,,~
-1<<4 In I d eli. th . al f'h :~""4' ~~d. .
\ e. cue text regar ng . e e)(penment nature 0 t e COB Itlll!? lIflB lleJ1mt an requue
ollow-up review after each event. .
f. Coordinate entire process with Commercial Core, Lodging Commission and Special
Events Committee, and right-of-way permit process.
g. Who will provide activity enforcement? Generally the engineering department inspects
public rights-of-way activities, however this type of commercial activity should be inspected
and enforced by the zoning office.
h. Revise text to limit activity to street rights-of-way, not mall and alley rights-of-way.
DRC Attendees
Staff: Chris Bendon, Mitch Haas, Rebecca Schickling, Tom Bracewell, Ed VanWalraven, Phil
Overeynder, Chuck Roth
98M37
2
.-.. ~
Larry Thoreson, 09:2. .M 2/27/98 , Farmer's Mark oS
X-Sender: larryt@finance
Date: Fri, 27 Feb 1998 09:27:44 -0700
To: mitchh@ci.aspen.co.us
From: Larry Thoreson <larryt@ci.aspen.co.us>
Subject: Farmer's Markets
Cc: tabatham@ci.aspen.co.us, lindac@ci.aspen.co.us
In response to your solicitation of comments re: the above,I have the
following concerns:
1. Is the definistion of "Farmers' Market" adequate? If I make ear rin s
out
of peacock feathers, does that qualify? If I make
from
Colorado beef, does that qualify? If
products, does that qualify? B rst
kind of "bendings" of th es that I
the .
intent of th
every t' in
s etail in
s from leather
e tacos from all-Colorado
sandwiches?,etc. etc. These are the
have witnessed in the past. While
rmers'
the book
downtown
Market" is one thing, in practical application,
will be attempted by would-be merchants wanting to
Aspen without paying the high retail space rents.
2. While it appears that City Business Licenses will be required of each
and
every vendor, I see no mention of sales taxes.
All retail sales are subject to 8.2% saleS tax rates in Aspen.
While
the State has exempted some food sales from their 3.0% sales tax, Pitkin
County's 3.5% and the City's 1.7% sales tax still apply to all retail sales
(for a total sales tax rate of 5.2%). SO. aT,T, C!~1....;'" ...,j;. 4=...."V'"1'>'1e>."..IQ m;::l1'''k~t:s
~
sublect to sales taxes; some at 8.2% and some rir ~ ~*
1.7% is collected and then remitted directly to the City in
conjunction with the combination Business/Sales Tax License previously
issued at the cost of $150 per calendar year per vendor (that's a business
occupation tax...not a business license fee).
The remaining 6.5% sales tax (3.0% State of Colorado and 3.5%
pitkin
County) is collected by the vendors and remitted directly to the State of
Colo. Dept. of Rev.
IN SUMMARY, I feel that the definition may need more definitive and
specific
restrictions and possibly even specify what kinds of businesses would not
be
included. I also feel that it is necessary to state that each and everv
endor must obt 'n a Cit of As en Business License at the cost of a 150
bus~ness occu atio ax e ca en ar ear or eac 0 ~on ey ~n en
u s ~n addition to an us~n ~cense s
ve for 0 ocat~ons e must obta~n a a
License, they must co ect a app ~cab~e sa~es axes an
ma
Tax
~'
,...~ rv of
Asoen ann tn~ ~t~tP. of Colorado, as applicable.
IPr1ntea for M1tch Haas <m1tchh@C1.aspen.co.us>
~
.-.. ,,-,
CJ.ndy ChrJ.stensen, 0,9 PM 2/20/98 , Proposed C a Amendments to Ve
X-Sender: cindyc@commons.ci.aspen.co.us
Date: Fri, 20 Feb 1998 17:49:44 -0700
To: mitchh@ci.aspen.co.us
From: Cindy Christensen <cindyc@ci.aspen.co.us>
Subject: Proposed Code Amendments to Vending Agreement Section
Mitch: The only thing that the Housing Office is concerned about is any
additional employees this may add. will there be that much addition work
that any new employees have to be added (at the City or elsewhere)? Who
will clean up afterwards? Will it require more police officers to mOl).itor
this type of event? All this needs to be looked at to see if there will be
any additional growth impacts and, if so, how should they be mitigated.
Just my thoughts.
cindy
IprJ.ntea tor MJ.tch Haas <mJ.tchh@cJ..aspen.co.us>
1
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MEMORANDUM
To:
Mitch Haas, Community Development Department
Through:
Thomas S. Dunlop, Environmental Health Director
From:
Nancy MacKenzie, Environmental Health Specialist
",-.t ~'
Date:
March 3, 1998
Re:
Proposed Code Amendments to Vending Agreement Section of Code
-----------------------------------------------
-----------------------------------------------
The Aspen/Pitkin Environmental Health Department has reviewed the proposed set of code amendments
that would simplify the land use review process for the possibility of holding a fanners' market in a public
street, alley or mall. in the city.
AIR OUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximwn practical
degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution
throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as
to "provide clean air by protecting the natural air sheds and reducing pollutants".
Though the vendors will be driving their produce trucks into the non-attainment area of Aspen, unless the
number of vendors becomes very large, locating a Farmers Market in the center of the city will probably
reduce traffic in the non-attainment area. Currently people make a special trip and drive out to the produce
stand at the Buttermilk parking lot. Vendors in the center of town will be within walking distance for many
customers.
A condition should be that vendors cannot allow their trucks to idle. City of Aspen Ordinance No.74
(Series 1992) states that "it shall be unlawful for any person to idle or permit the idling of the motor of
any stationary motor vehicle for a prolonged or unreasonable period of time determined herein to be
five (5) minutes or more...."
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution
that represents a present and increasing threat to the public peace and to the health, safety arid welfare of the residents of the City of Aspen.
and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and
at various times and to prohibit noise in excess of those levels."
During set-up of booths and operation noise cannot exceed maximum permissible sound level
standards.
No variances from The Noise Abatement Ordinance for amplified music will be issued by this
Department.
1
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We .do not have to worry about the noise from generators for refrigeration since Environmental Health
Department feels that ,the vendors should not sell items that require refrigeration. CommDev might want
to ban generators just to cover this possibility.
FOOD
FARMERS MARKET
Farmers markets, places were only fresh produce or goods are sold for consumption off-premise, are
exempt from food service licensing. The sale of items not for human consumption (i.e.: cut and dried
flowers, bedding plants) do not require regulation, licensing nor inspection by Environmental Health
Deparbnent.
Of the various levels of food preparation and sales, a Farmers Market would require the least amount of
risk to the public health and would not require inspections by the Environmental Health Department
OTHER ACTIVITIES WITHIN A FARMERS MARKET
Any other activities that might occur within a Farmers Market could fall under the food service law or
the retail market law and would require that the operation meet established sanitary conditions,
licensing and inspections by Environmental Health Deparbnent.
Retail Market
Other non-fresh products (or fresh products not being fruit or vegetables) not being sold for immediate
consumption would be regulated under the retail market regulations and would require retail !narket
licensing and inspections by the Environmental Health Deparbnent or other appropriate agency.
Allowing this operation would require more regulation, licensing and inspections than a 'Farmers
Market'.
Food Service Establisrunent
A $100 food service license is required of any place where food is prepared and intended for individual
portion service regardless of whether the food provided is consumed on or off the premises. The
establisrunent shall comply with the requirements of "The Rules and Regulations Governing the
Sanitation of Food Service Establisrunents In the State of Colorado, Effective date: July 31, 1990."
This type of establisrunent has the potential for a higher health risk to the public and would require
licensing and inspections.
Temporarv Food Service Establisrunent
A Temporary Food Service Establishment is defined as a food service establisrunen,t that operates at a
fixed location for a period of time of not more than fourteen (14) consecutive days in conjunction with a
single event or celebration. This type of establishment does require a $100 food service license and
inspections, and enforcement. It might be interpreted that this is the type of food service establishment
that would operate within a Farmers Market. The proposed code limits operation to two (not necessarily
2
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. .
consecutive) days a week, though over a period of up to 6 months. This type of operation could present
the highest risk to public health. It does require licensing and inspections.
OTHER CONSIDERATIONS
The proposed code language 15.04.350 B. 1. (a) limits the operation of the market to no more than two (2)
days per week. It would be difficult to track if a vendor is in operation 2 consecutive days, or if the days
are non-consecutive, if it is in a fixed location, and/ or if it is in operation every calendar year. It appears
that the proposed code does not regulate the number of venders that would be allowed in anyone day,
anyone week, or anyone season. If a vendor were allowed to operate in a non-assigned location and non-
assigned days, it would be difficult to locate them if that ever became necessary.
It is the Environmental Health Department recommendation that a defined location and days be
established to offer consistency to the vendors and public.
RECOMMENDATION
It is the Environmental Health Deparhnent's recommendation that the level of products and display be
limited to that described under the "Farmers Market" category. This option is recommended because it
involves the least public health risk, and the least regulation of the vendor.
3
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rof-
Additional Comments to Mitch
RETAIL MARKETS
The licensing agency (Environmental Health Department, Dept of Ag, etc) would need to be sure the
products comply with their regulations especially with regards to being from an approved source which
is acceptable to the agency which is responsible for regulating the product; commercially prepared in a
licensed commercial facility and have proper packaging and labeling.
it should be emphasized that according to state regulation the following items cannot be allowed:
No home canned goods (this includes vegetables, salsas, fruits, jams or jellies)
No home baked goods
No home dried meat jerky
Regulation of 'retail market' items could be made easier if the vendor is required to provide
documentation to CommDev when they first apply for their business license.
There would be less public health risk to have a requirement that no retail items requiring refrigeration
should be allowed, i.e. dairy products, eggs, etc.
The code could say that no "Potentially Hazardous Food" could be sold. Appendix A of the state rules
and regulations define a food as potentially hazardous:
(a) if it is of animal origin such as meat, milk, fish, shellfish, edible crustacea, or poultry; or
(b) if it is of plant origin and has been heat treated (i.e.: potatoes, rice); or
(c) if it is raw seed sprouts.
FOOD SERVICE ESTABLISHMENT
This type of establishment has the potential for a higher health risk to the public and would require
licensing, inspections, and enforcement.
Excluded from the requirement of "The Rules and Regulations Governing the Sanitation of Food
Service Establishments In the State of Colorado" is an establishment preparing and serving only
coffee, tea, and nonperishable doughnuts or pastries obtained from sources complying with all
laws related to food and food labeling.
Also excluded are non-profit organizations, such as churches, serving food on less than
fifty-two separate days in a calendar year.
TEMPORARY FOOD SERVICE ESTABLISHMENT
It may be allowed to operate without complying with all the requirements of the Rules and Regulations.
Only those potentially hazardous foods requiring limited preparation that only require seasoning and
cooking shall be prepared or served. The preparation or service of other potentially hazardous foods,
such as salads or sandwiches containing meat, is prohibited unless approved adequate equipment and
facilities are provided.
,-"
~.
. Potentially Suitable locations for a Farmers' Market in the street:
1. Hyman between Hunter and Galena (adjacent to pedestrian mall)
2. Hopkins between Hunter and Galena (few businesses fronting on street)
3. Hopkins between Mill and Monarch (few morning-hours businesses fronting on street)
4. Hunter between Cooper and Hyman (few businesses fronting on street)
5. Hunter between Hopkins and Hyman (few businesses fronting on street)
6. Hunter between Main and Hopkins (perhaps too close to Main, but few businesses)
7. Monarch between Hyman and Hopkins (slightly higher traffic and a bit off the beaten
path, so to speak)
8. Monarch between Main and Hopkins (slightly higher traffic and perhaps a bit too
close to Main)
. Others that could work. but would conflict with the Galena Street Shuttle after
S<':Ptember 7:
9. Hunter between Durant and Cooper (would enjoy good relationship with Gondola
. Plaza)
10. Cooper between Hunter and Galena (many businesses, otherwise a good location
with adjacencies to two pedestrian fi1.alls and busy pedestrian area)
11. Galena between Cooper and Hyman (many businesses, but active pedestrian area)
12. Galena between Hyman and Hopkins (many businesses, but active pedestrian area)
NOTES:
. Mill Street does not work due to the Hunter Creek bus route (year-round).
. Galena Street not the most appropriate due to the many businesses fronting on Galena
and the Galena Street shuttle (9/7 - 5/31).
. Galena between Main and Hopkins is the Fire Department's Emergency Access route
to Hwy. 82.
. Hopkins between Galena and Mill would obstruct the Fire Department's ability to
enter and exit.
. Monarch between Durant and Hyman is part ofthe Hunter Creek bus route (year-
round), but would otherwise present an attractive location with Wagner Park adjacent
thereto and public restrooms nearby.
. Hyman between Mill and Monarch is part of the Hunter Creek bus route (year-round).
. Durant is used by all busses and is, therefore, not appropriate.