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Home My WebLink Aboutordinance.council.035-97 ORDINANCE No. _35_, SERIES OF 1997 AN ORDINANCE OF THE CITY OF ASPEN, COLORADO TO AMEND CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO PERMIT FARMERS' MARKETS AS A CONDITIONAL USE IN THE PUBLIC (PUB) AND PARK (P) ZONE DISTRICTS WHEREAS, Sectian 26.92.020 af the Municipal Cade provides that amendments to. Chapter 26 afthe Cade, to. wit, "Land Use Regulatians," shall be reviewed and recammended far approval by the Cammunity Develapment Directar and then by the Planning and Zaning Cammissian at a public hearing, and then approved, appraved with canditians, ar disappraved by the City Cauncil at a public hearing; and WHEREAS, the Cammunity Develapment Department recammends that certain sectians af the Cade be amended to. define "farmers' markets" and to. allaw farmers' markets to. aperate as canditianal uses in the Public (PUB) and Park (P) zane districts; and WHEREAS, the Planning and Zaning Cammissian reviewed the prapased amendments and did canduct praperly naticed public hearings therean an June 17, 1997, July 15, 1997, and August 19, 1997; and .....-'" WHEREAS, upan review and cansideratian af the text amendments, agency and public camment therean, and thase applicable standards as cantained in Chapter 26 af the Municipal Cade, to. wit, Divisian 92 (Text Amendments), the Planning and Zaning Cammissian has recammended appraval af the text amendments recammended by the Cammunity Develapment Directar pursuant to. pracedure as autharized by Sectian 26.92.030 afthe Municipal Co.de; and WHEREAS, the Aspen City Cauncil has reviewed and cansidered the text amendments under the applicable pravisians af the Municipal Co.de as identified herein, has reviewed and cansidered thase recammendatians and appravals as granted by the Planning and Zaning Cammissian, and has taken and cansidered public camment at a praperly naticed public hearing; and WHEREAS, the City Cauncil finds that the text amendments meet ar exceed all applicable develapment standards and is cansistent with the gaals and elements af the Aspen Area Cammunity Plan; and WHEREAS, the City Cauncil finds that this Ordinance furthers and is necessary far public health, safety and welfare; and WHEREAS, the City Cauncil finds that the propased text amendments will allaw farmers' markets, as defined, to. aperate in the Parks (P) and Public (PUB) zane districts as canditianal uses and will be cansistent with the public welfare and the purpases and intent af Chapter 26 af the Municipal Cade. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to. Sectian 26.92.020 (standards far Review) af the Municipal Cade, the City Cauncil finds as fallaws in regard to. the text amendments: 1. The prapased text amendments are nat in canflict with the pravisians af Chapter 26 af the Municipal Cade ar the Aspen Area Cammunity Plan. 2. The prapased text amendments will pram ate the public interest and character af the City af Aspen. Section 2: Sectian 26.04.100, Definitians, afChapter 26 afthe Aspen Municipal Cade is hereby amended by the additian af a definitian af"Farmers' Market," which text shall read as fallaws: Farmers' Market means 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. Section 3: Sectian 26.28.240(C), Canditianal Uses (in the Park (P) zane district), af the Aspen Municipal Cade is hereby amended to. read as fallaws: .--- C. Canditianal uses. The fallawing uses are permitted as canditianal uses in the Park (P) zane district, subject to. the standards and pracedures established in Chapter 26.60. 1. Recreatian building; 2. Spart shap; 3. Restaurant facility; 4. Park maintenance building; and 5. Farrhers' market, as defined in Sectian 26.04.100, pravided: a. it aperates no. mare than two. (2) days per week, unless madified by the Cammissian under the canditianal use review; b. it apens to. the public no. earlier than 7 a.m. and clases no. later than 2 p.m., unless madified by the Cammissian under the canditianal use review; and, c. it shall be limited to. thase weeks that fall between the first Saturday in June and the weekend faIlawing the Thanksgiving haliday, inclusive, unless madified by the Cammissian under the canditianal use review. Section 4: Sectian 26.28.250(C), Canditianal Uses (in the Public (PUB) zane district), af the Aspen Municipal Cade is hereby amended to. read as fallaws: C. Canditianal uses. The fallawing uses are permitted as canditianal uses in the Public (PUB) zane district, subject to. the standards and procedures established in Chapter 26.60. 1. Maintenance shap; 2. Affardable hausing; and 3. Farmers' market, as defined in Sectian 26.04.100, provided: a. it aperates no. mare than two. (2) days per week, unless madified by the Cammissian under the canditianal use review; b. it apens to. the public no. earlier than 7 a.m. and clases no. later than 2 p.m., unless madified by the Cammissian under the canditianal use review; and, c. it shall be limited to. thase weeks that fall between the first Saturday in June and the weekend fallawing the Thanksgiving haliday, inclusive, unless madified by the Cammissian under the canditianal use review. Section 5: The City Cauncil hereby directs staff to. bring farward prapased cade amendments to. Sectian 15.04.350, Vending an Public Parks and Rights-af-Way Prahibited, in arder to. allaw far the passibility afhalding a farmers' market in a public street, alley ar mall thraugh a simplified, streamlined and less castly land use review pracess. Section 6~ This Ordinance shall nat affect any existing litigatian and shall nat aperate as an abatement af any actian ar praceeding naw pending under ar by virtue af the ardinances repealed ar amended as herein provided, and the same shall be canducted and cancluded under such priar ardinances. Section 7 ~ If any sectian, subsectian, sentence, clause, phrase, ar partian af this Ordinance is far any reasan held invalid ar uncanstitutianal in a caurt af campetent jurisdictian, such partian shall be deemed a separate, distinct and independent provisian and shall nat affect the validity af the remaining partians thereaf. .......- Section 8~ A public hearing an the Ordinance was held an thelf/th day af Octaber, 1997 at 5 :00 p.m. in the City Cauncil Chambers, Aspen City Hall, Aspen, Calarada, fifteen (15) days priar to. which hearing a public natice af the same was published in a newspaper af general circulatian within the City af Aspen. INTRODUCED, READ AND ORDERED PUBLISHED ~ by law, by the City Cauncil afthe City af Aspen an thed~ day af /Lv, 1997. ~/?~ Jahn nnett, Mayar APPROVED AS TO FORM: /W(l'~ Ja'niitWarces er, City Attarney ATTEST: FINALLY, adapted, passed and approved this ~y af ~ , 1997. ~/>~ Jahn ennett,Mayar Attest: File Location: c:\home\mitchh\council\fannord.doc ./-.