HomeMy WebLinkAboutcoa.lu.ca.Outdoor Food Vending.0039.2004
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City of Aspen Community Development Dept.
CASE NUMBER
0039.2004.ASLU
PARCEL ID#
CASE NAME
co~ME.Fi"Ctn L.e
Outdoor Food Vending Code Amend
PROJECT ADDRESS
PLANNER
James Lindt
CASE DESCRIPTION
Outdoor Food Vending Code Amend
REPRESENTATIVE
James Lindt
DATE OF FINAL ACTION 06/14/04
CITY COUNCIL ACTION ~ 23 of 2004
C>~D
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
07/08/04
BY
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ORDINANCE NO. 23
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
TO AMEND LAND USE CODE SECTION 26.470.070, GROWTH MANAGEMENT
EXEMPTIONS, AND LAND USE CODE SECTION 26.575.030(A)(IO), OPEN SPACE
COMMERCIAL RESTAURANT USE; TO CREATE A REVIEW PROCESS FOR
SEASONAL OUTDOOR FOOD VENDING IN THE COMMERCIAL CORE IN
WHICH AFFORDABLE HOUSING MITIGATION REQUIREMENTS ARE WAIVED;
AND DECLARING AN EMERGENCY.
WHEREAS, the Commercial Core and Lodging Commission (CCLC) indicated to the
City Manager's Office that they would like to provide the ability for retailers and restaurants in
the Commercial Core to do seasonal outdoor food vending; and,
WHEREAS, amendments to Title 26, the City of Aspen Land Use Code are required to
provide such allowances for outdoor food vending; and,
WHEREAS, the City Council finds that the proposed code amendments to Sections
26.470.070, Growth management exemptions, and 26.575.030(A)(lO), Open Space Commercial
Restaurant Use, meet or exceed all applicable amendment standards and that the approval of these
code amendments are consistent with the goals and elements of the Aspen Area Community Plan;
and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and
WHEREAS, pursuant to Section 4.11 of the Charter, the City is authorized to adopt
emergency ordinances for the preservation of public property, health, peace, or safety; and
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF ASPEN THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Code Amendment application to amend the land use code to allow for an administrative GMQS
exemption process for outdoor food vending is hereby approved.
Section 2
Land Use Code Section 26.470.070, GMQS exemptions, shall be amended to add Section
26.470.070(E)(3), GMQS Exemptionjor Outdoor Food Vending to read as follows:
Section 26.470.070(E)(3), GMQS Exemptionfor Outdoor Food Vending:
A temporary use of outdoor jood vending by a restaurant or retailer on private property,
private open space, or public property that is subject to a mall lease jor food vending or
outdoor restaurant seating in the Commercial Core (CC) Zone District shall be reviewed by the
"
Community Development Director. This exemption is available provided that the following
criterion are met:
1. The area of outdoor food vending activities may not exceedfifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment neededfor the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the
food vending activity.
2. Temporary outdoor food vending may only occur by or in association with
restaurant or retail uses and with the approval of the restaurant or retail
establishment's owner in which the outdoor food vending is associated and located
adjacent to.
3. An application to the Community Development Directorfor temporary outdoorfood
vending shall only be submitted and approved subsequent to submitting and
obtaining approval of a food service plan from the Environmental Health
Department. The area of outdoor food vending activities shall include a waste
disposal container that shall be emptied daily and stored inside at night and when
the outdoor food vending activities are not in operation. Additionally, no outdoor,
open:flame char-broiling shall be permitted pursuant to Municipal Code Section
13.08.100, Restaurant Grills.
4. The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
5. The temporary outdoorfood vending activities shall be limited to the seasonal time
period between June t" and October 31''. An applicationfor and an approval of
temporary outdoor vending activities shall not constitute nor be interpreted by any
property owner, developer, vendor, or court as a site specific development plan
entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or
Chapter 26.308 of this Title. Approvals granted in this subsection are subject to
revocation by the City Manager or Community Development Director without
requiring prior notice.
6. An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
regulations, including but not limited to building codes, health safety codes, .fire
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
7. Each vendor wishing to operate outdoor/ood vending activities shall applyfor and
be approved for a permit (nofee required) to do so prior to commencing operations.
Applicable Environmental Health Plan Reviewfees shall apply.
""
Section 3
That Land Use Code Section 26.575.030(A)(l0), Open Space Commercial Restaurant Use,
shall be amended to read as follows:
10. Commercial restaurant use. The provision above notwithstanding, required
open space may be used jor commercial restaurant use if the Planning and
Zoning Commission determined by Special Review (<'lee Chapter 26.430), that
such use is compatible with or enhances the purposes of' these open space
requirements and that adequate pedestrian and emergency vehicle access will be
maintained, unless otherwise approved as set forth in Land Use Code Section
26. 470. 070(E)(3), GMQS ExemptionjiJr Outdoor Food Vending.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 6:
The City Council recognizes that the recent national and local economy has caused rnany local
businesses in the City of Aspen commercial core to suffer and there is an urgent need to increase
tourist traffic through the commercial core thus benefiting the entire Aspen economy; therefore,
the City Council hereby determines that there is an urgency and need for amending the Aspen
Land Use Code as hereinbefore proposed in order to preserve public property, health, peace and
safety. This ordinance shall take effect upon final passage.
Section 7:
This ordinance shall be in place until December 31,2004, at which time it will become null and
void unless readopted.
Section 8:
Second Reading of the Ordinance was held on the 15th day of June, 2004, at 5:00 p.m. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as an emergency ordinance as
provided by law, by the City Council of the City of Aspen on this 14th day of June, 2004.
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ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed by a four to zero (4-0) vote and approved this 15th day of June,
2004.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
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TEMPORARY OUTDOOR FOOD VENDING APPLICATION
ApPLICANT:
Name:
Location:
(Indicate street address)
ParcellD # (REQUIRED)
ASSOCIATED BUSINESS (RESTAURANT OR RETAILER):
Name:
Address:
Phone #:
Have you attached the following?
o Site Plan (should depict where the proposed vending operations are to be located on private property or
mall lease area).
o Operations plan (drawing should include size and layout of counters, machinery, and coolers proposed for
outdoor vending operations, and number of employees to be used for outdoor food vending operations).
o Letter of Approval from Restaurant or Retailer in which the proposed outdoor food vending is associated
with and adjacent to.
o Proof of Environmental Health Department's plan review approval for the proposed outdoor food vending
operations.
o Proof of Mall Lease if the space proposed for outdoor food vending is in the public right-of-way.
'Please Note that approval of outdoor food vending is only good through the end of October,
2004. The City mayor may not allow outdoor food vending next summer. Staff and City
Council will revaluate the program this winter.
~.-..,
MEMORANDUM
Vll c.
To:
Mayor Klanderud and City Council
Planning and Zoning Commission
Julie Ann Wo~1;mmunity Development Director
Joyce Allgaier, Community Development Deputy Director
Thru:
From:
.lames Lindt, Planner . ) L
Re:
Emergency Ordinance, First and Second Reading of Ordinance No.2.3,
Series of2004:GMQS Exemption Code Amendment related to Temporary
Outdoor Food Vending- Joint Meeting with the Planning and Zoning
Commission
Date:
June 14,2004
Summary:
The Commercial Core and Lodging Commission (CCLC) has indicated to Staff and the City
Mangers' Office that they would like for restaurants and retailers to have the ability to do
seasonal outdoor food vending in private property open spaces and publicly owned spaces that
are subject to mall leases without requiring them to mitigate for affordable housing or to go to a
review board for approval. In order for this to occur, a code amendment is required to Land Use
Code Section 26.470.070, Expansion of commercial or office uses. Therefore, Staff has
drafted proposed code amendments that would allow for outdoor food vending on a
temporary basis through October 31 ,I as a summer-long experiment.
Currently, the land use code would require anyone who would like to do outdoor food vending
on private property to gain a GMQS exemption from the Planning and Zoning Commission and
pay an affordable housing mitigation fee for the additional net leasable square footage that would
be created by placing service counters and other equipment outside needed to do outdoor food
vending, which in the past has acted as a strong deterrcnt from allowing outdoor food vending.
Thus, as was previously mentioned, Staff has drafted proposed code amendment language for
City Council to consider that would allow for the Community Development Director to approve
a GMQS exemption for outdoor food vending without requiring affordable housing rnitigation.
The City Manager's Office felt that a code amendment of this nature should be brought to City
Council in the form of an emergency ordinance so that if City Council felt that it was an
appropriate amendment to adopt, it could be enacted prior to the peak summer season.
Moreover, it was felt that the Planning and Zoning Commission should be invited to attend the
hearing in that the emergency ordinance does not require a Planning and Zoning Commission
hearing. The Planning and Zoning Commission's schedule is booked up until September and
this code amendment could not he reviewed by the Commission until after the summer season
has passed. Thus, if City Council believes that this proposed amendment is in the City's best
interest to enact before the summer season commences, Staff would suggest revlewmg the
amendment as an emergency ordinance.
Proposed Code Language:
Staff has drafted the following code language for Council's review that would allow for a GMQS
exemption to be granted on a temporary basis allowing for outdoor food vending on private open
space and on public spaces subject to mall leases (proposed language is in italics):
Add Section 26.470.rJ70(E)(3), GMQS Exemptionfor Outdoor Food Vending:
A temporary use oloutdoorfood vending by a restaurant or retailer on private property, private
open ,Ipace, or public property that is subject to a mall lease for food vending or outdoor
restaurant seating in the Commercial Core (CC) Zone District shall be reviewed by the
Community Development Director. This exemption is available provided that the following
criterion are met:
1. The area ol outdoor food vending activities may not exceed twenty~five (25) square
feet. The area ol outdoor food vending activities shall be defined as a counter area,
equipment needed filr the filod vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the filod
vending activity.
2. Temporary outdoorfilod vending may only occur by or in association with restaurant
or retail uses and with the approval ol the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
3. An application to the Community Development Director filr temporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval olafilod service planfrom the Environmental Health Department. The area ol
outdoor food vending activities shall include a waste disposal container that shall be
emptied daily and stored inside at night and when the outdoorfilod vending activities are
not in operation. Additionally. no outdoor, open-.flame char-broiling shall be permitted
pursuant to Municipal Code Section 13.08.100, Restaurant Grills.
-I. The Community Development Director shall waive affiJrdable housing mitigationfees
associated with the temporary new net leasable square filotage being created by outdoor
fiwd vending. activities.
5. The temporary outdoor fiwd vending activities shall be limited to the seasonal time
period between June 1st and October 31st An application for and an approval ol
temporary outdoor vending activities shall not constitute nor be interpreted by any
property owner, developer, vendor, or court as a site .Ipecific development plan entitled
to vesting under Article 68 ol Title 2-1 ol the Colorado Revised Statutes or Chapter
26.308 olthis Title. Approvals granted in this subsection are subject to revocation by the
City Manager or Community Development Director without requiring prior notice.
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6. An application for temporary outdoor fiJOd vending activities shall not diminish the
general puhlic health, safety or welfare and shall ahide hy all applicahle City
regulations, including hut not limited to huilding codes, health safety codes, fire codes,
liquor laws, sign and lighting codes, and sales tax license regulations.
7. Each vendor wishing to operate outdoor food vending activities shall apply for and
he approved fiJI' a permit (no fce required) to do so prior to commencing operations.
Applicahle Environmental Health Plan Reviewfees shall apply.
Amend Land Use Code Section 26.575.030(A)(10), Open Space Commercial Restaurant Use to
read asji!llows:
10. Commercial restaurant use. The provision ahove notwithstanding, required open
space may he used for commercial restaurant use if the Planning and Zoning
Commission determined hy Special Review (See Chapter 26.430), that such use is
compatible with or enhances the purposes of these open space requirements and that
adequate pedestrian and emergency vehicle access will be maintained, unless otherwise
approved as set forth in Land UI'e Code Section 26.470.070(E)(3), GMQS Exemption for
Outdoor Food Vending
Staff Comments:
As was previously discussed, the CCLC believes that loosening the growth management
regulations to allow for outdoor food vending in association with retail and restaurant
businesses in the Commercial Core without requiring affordable housing mitigation and
without requiring board review will provide for much needed additional activity and an
increase in dwell time in the commercial core as is consistent with the recommendations
made by economic consultants Frick and Beer. However, Staff does not know exactly how
many retailers and restaurants will partake in outdoor food vending if made available by
this code amendment and what the exact impacts will be. Therefore, Staff has written the
proposed code amendment language in a manner that would provide a GMQS exemption
through October 31", 2004 so that this summer could act as an experimental period with
the intention that City Council would revisit this allowance after October 31" to see if
outdoor vending should be made a permanent seasonal allowance.
The primary discussion issue that Council and the Planning and Zoning Commission
should consider in relation to this code amendment proposal is whether Council believes
that this will provide additional vitality to the commercial core without compromising the
character of downtown. Other discussion issues that Council and the Commission should
consider related to this amendment should include the amount of area that City Council
would like to allow for each restaurant or retailer to use for outdoor food vending without
requiring affordable housing mitigation. Staff has proposed allowing twenty-five (25)
square feet, which we believe to be sufficient for a counter area and machinery/equipment
necessary to make and sell items such as snow cones, sodas, hotdogs, prepackaged
sandwiches, etc.
3
Recommended Motion:
"1 move to approve upon first reading, Ordinance No.~, Series of 2004, approving a land use
code amendment to amend Land Use Code Section 26.470.070, Growth management
exemptions, and Land Use Code Section 26. 575.030(A)(l0), Open Space Commercial
Restaurant Use, to create a review process for seasonal outdoor food vending in the commercial
core in which affordable housing mitigation requirements would be waived."
Additional Recommended Motion:
"I move to consider this amendment as an emergency ordinance pursuant to Section 4.11 of the
City Charter and hold second reading of Ordinance No.~, Series of2004 on Tuesday, June 15,
2004 at a meeting to begin at 4:00 PM.
City~.. nager's Comments:
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Attachments:
Exhibit A: Review Criteria and Staff Findings
4
ORDINANCE NO. Z2
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
TO AMEND LAND USE CODE SECTION 26.470.070, GROWTH MANAGEMENT
EXEMPTIONS, AND LAND USE CODE SECTION 26.575.030(A)(IO), OPEN SPACE
COMMERCIAL RESTAURANT USE; TO CREATE A REVIEW PROCESS FOR
SEASONAL OUTDOOR FOOD VENDING IN THE COMMERCIAL CORE IN
WHICH AFFORDABLE HOUSING MITIGATION REQUIREMENTS ARE WAIVED;
AND DECLARING AN EMERGENCY.
WHEREAS, the Commercial Core and Lodging Commission (CCLC) indicated to the
City Manager's Office that they would like to provide the ability for retailers and restaurants in
the Commercial Core to do seasonal outdoor food vending; and,
WHEREAS, amendments to Title 26, the City of Aspen Land Use Code are required to
provide such allowances for outdoor food vending; and,
WHEREAS, the City Council finds that the proposed code amendments to Sections
26.470.070, Growth management exemptions, and 26.575.030(A)(lO), Open Space Commercial
Restaurant Use, meet or exceed all applicable amendment standards and that the approval of these
code amendments are consistent with the goals and elements of the Aspen Area Community Plan;
and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and
WHEREAS, pursuant to Section 4.11 of the Charter, the City is authorized to adopt
emergency ordinances for the preservation of public property, health, peace, or safety; and
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF ASPEN THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Code Amendment application to amend the land use code to allow for an adrninistrative GMQS
exemption process for outdoor food vending is hereby approved.
Section 2
Land Use Code Section 26.470.070, GMQS exemptions, shall be amended to add Section
26.470.070(E)(3), GMQS Exemption/or Outdoor Food Vending to read as follows:
Section 26..:f.70.070(E)(3), GMQS Exemption{or Outdoor Food Vending:
A temporary use of outdoor food vending by a restaurant or retailer on private property,
private open space, or public property that is subject to a mall lease for feJOd vending or
outdoor restaurant seating in the Commercial Core (CC) Zone District shall he reviewed by the
Community Development Director. This exemption is available provided that the followinR
criterion are met:
1. The area of" outdoor fiJOd vending activities may not exceed twenty~jive (25) square
feet. The area of"outdoorjiJOd vending activities shall be defined as a counter area,
equipment neededfor the food vendinR activities (e.g cooler with drinks, snow cone
machine. popcorn machine, etc), and the space needed by employees to work the
fhod vendinR activity.
2. Temporary outdoor food vending may only occur by or in association with
restaurant or retail uses and with the approval of" the restaurant or retail
establishment '.I' owner in which the outdoor food vending is associated and located
adjacent to.
3. An application to the Community Development DirectorfiJr temporary outdoorjiJOd
vending shall only he suhmitted and approved suhsequent to suhmitting and
obtaining approval of" a food service plan fi'om the Environmental Health
Department. The area of" outdoor food vending activities shall include a waste
disposal container that shall he emptied daily and stored inside at niRht and when
the outdoor food vending activities are not in operation. Additionally, no outdoor,
open~jlame char-broilinR shall he permitted pursuant to Municipal Code Section
13.08.100, Restaurant Grills.
4 The Community Development Director shall waive affordahle housinR mitigation
fees associated with the temporary new net leasable squarejiJOtage heing created hy
outdoor jhod vendinR activities.
5. The temporary outdoorjhod vending activities shall be limited to the seasonal time
period between June }"" and Octoher 3}"'f An application for and an approval of"
temporary outdoor vending activities shall not constitute nor he interpreted hy any
property owner, developer, vendor, or court as a site specijic development plan
entitled to vesting under Article 68 of" Title 24 of the Colorado Revised Statutes or
Chapter 26.308 oj"this Title. Approvals granted in this subsection are subject to
revoeation hy the City Manager or Community Development Director without
requiring prior notice.
6. An applicationfiJr temporary outdoor fiJOd vending activities shall not diminish the
general puhlic health, saf"ety or welfare and shall abide hy all applicable City
regulations. including hut not limited to huilding codes, health saf"ety codes, fire
codes, liquor laws, siRn and lighting codes, and sales tax license regulations.
7. Each vendor wishing to operate outdoorfhod vending activities shall applyfor and
he approvedfhr a permit (no fee required) to do so prior to commencing operations.
Applicahle Environmental Health Plan Reviewfees shall apply
"'~~. -,....~
Section 3
That Land Use Code Section 26.S7S.030(A)(lO), Open Space Commercial Restaurant Use,
shall be amended to read as follows:
10. Commercial restaurant use. The provision above notwithstanding, required
open space may be used for commercial restaurant use if the Planning and
Zoning Commission determined by Special Review (See Chapter 26.430), that
such use is compatible with or enhances the purposes of these open space
requirements and that adequate pedestrian and emergency vehicle access will be
maintained, unless otherwise approved as set forth in Land Use Code Section
26.470.070(E)(3), GMQS Exemptionfor Outdoor Food Vending.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 6:
The City Council recognizes that the recent national and local economy has caused many local
businesses in the City of Aspen commercial core to sutler and there is an urgent need to increase
tourist traffic through the commercial core thus benefiting the entire Aspen economy; therefore,
the City Council hereby determines that there is an urgency and need for amending the Aspen
Land Use Code as hereinbefore proposed in order to preserve public property, health, peace and
safety. This ordinance shall take eflect upon final passage.
Section 7:
This ordinance shall be in place until December 31, 2004, at which time it will become null and
void unless readopted.
Section 8:
A public hearing on the Ordinance shall be held on the 15"' day of June, 2004, at 4:00 p.m. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as an emergency ordinance as
provided by law, by the City Council of the City of Aspen on this 14th day of June, 2004.
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed by a
2004.
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
Helen Kalin Klanderud, Mayor
to _C-~) vote and approved this 15th day of June,
Helen Kalin Klanderud, Mayor
EXHIBIT A
AMENDMENT TO THE LAND USE CODE
REVIEW CRITERIA & STAFF FINDINGS
Section 26.310.040, Text Amendment Standards of Review
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding:
Staff does not believe the proposed code amendments are in conflict with any applicable portions
of this title or the Municipal Code. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding:
Staff does not believe that the proposed amendments are in conflict with the Aspen Area
Community Plan. Generally, Staff believes that the proposed code amendments will allow for
additional vitality in the commercial core area. However, Staff has intended the amendment to
allow for a one-summer experiment that could lead to permanent allowance for outdoor food
vending if the negative impacts are moderate. Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding:
This standard is primarily geared towards rezoning applications. Staff does not find this criterion
to be applicable.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
Staff does not believe the proposed code amendment will have a significant impact on traffic
generation or an impact on road safety. Staff finds this criterion to be met.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not
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limited to, transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities.
Staff Finding:
This criterion applies to rezoning applications and does not apply to this text amendment.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
Staff does not feel that the proposed code amendments will result in adverse irnpacts on the
natural environment. Staff has added a criterion to the proposed GMQS exemption that requires
that a waste disposal container be provided at each outdoor food vending area. Moreover, Staff
is requiring that these waste disposal containers be taken inside during the evening and when
outdoor vending activities are not occurring. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
Staff believes that the proposed code amendments are consistent with community character of
Aspen and the rnessy vitality that Aspen has traditionally displayed and been proud of. Staff
finds this criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
This criterion applies to rezoning applications and does not apply to this text amendment.
1. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding:
StafI feels that the proposed code amendments would likely bring added vitality to the
commercial core area and may increase dwell times in the commercial core area as was
encouraged by the analysis provided by financial consultants Frick and Beer and is in the public
interest. Staff finds this criterion to be met.
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CHARTER
( e) The ordinance shall be introduced at council a second time, at a meeting not earlier than seven
(7) days after first publication, for final approval, rejection, or other action as may be taken by
vote of the council. 1bis meeting may be the same meeting at which the public hearing on the
ordinance is held, The ordinance may be amended before final approval by vote of the council.
Except as otherwise provided herein, an ordin.ance, if amended, shall be published in full after final
passage, but if not amended, it shall be published either by title or in full as the council may
determine.
Whenever an ordinance shall be published by reference or by title, the publication shall contain
summary of the subject matte,r of said ordinance and shall contain a notice to the public that
copies of the proposed ordinance are available at the office of the city clerk. The publication of
any ordinance by reference or by title as provided herein must set forth in full any penalty clause
. contained in said ordinance,
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~ ~ergency ordinances for the preservation of public property, health, peace, or safety shall be approved ,.
pfthe .WlanimOUS vote of council members present or a vote of four (4) council members, whichever
." e facts, showing such urgency and need shall be specifically stated in the measure itself, No
e. making a grant of any special privilege, levying taxes, or fixing rates charged by any city-owned
I' ever be passed as an emergency measure. An emergency ordinance shall require passage at two
'gs of the cOWlcil. However, neither a public hearing nor a first publication as provided in Section
lbe required, An emergency ordinance shall take effect upon final passage, Publication shall be
. (10) days after final passage, or as soon thereafter as possible.
,'. ,5,87)
. 2. Codification.
,cOWlcil shall cause the ordinances to be codified and thereafter maintained in current form. Revisions
es may be accomplished by reference as provided in Section 4.13.
Codes.
codes, promulgated by the Federal Government, the State of Colorado, or by any agency of
m, or by any municipality within the state of Colorado, or by recognized trade or professional
~ons, or amendments or revisions thereof, may be adopted by reference; provided the publication
o~inance adopting any said code shall advise that copies are available for inspection at the office of
...~~erk, and provided that any penalty clause may be adopted only if set forth in full and published
,~pting ordinance.
C-9
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