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HomeMy WebLinkAboutcoa.lu.ca.Outdoor Food Vending.0039.2004w-Y /I 4� - Outdoor Food Vending Code Amendment �w 111 J �.r V City o` Aspen case, no address or parcel ScA-014 li�os" C City of Aspen Community Development Dept. CASE NUMBER 0039.2004.ASLU PARCEL ID# CASE NAME 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 -Tress 23 of 2004 D ►Z,1> PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 07/08/04 BY D DRISCOLL File Edit Record Navigate Form Reports Tab Help IDJ43A4ImNON 4 ACl Cl I ? Sub Pertnts Valuation Pubic Corm eN c ; Main Ro_dig Status j Arch/Erg j Parcels Custom Fielde Fee_ : Fee Summary Actium i Routip jJWnq ( Eorwitions �V Perrrat Type Perm* # M 2004 ASLU Address Apt/$We 1 CRY _ _ State�z4! F — -- Permit Information Masker Permit RoutegOueueJasiu Appired 06(08I2DOd J Project Stahm Fp; — ApprovedF— Desaipbon OUTDOOR FOOD VENDING CODE AMENDMENT Issued f— F.W F—j Srbmited PAMES UNDT 920-SM Cock Rvrig Days r0 Expires 061D33/2005 J + r Vn"e on the web? Permd ID: +— 3M4 Oweer- LastNameJCITYOFASPEN rPEN GALENA5T 61sNnCO 611 Phom (97)920-500 17 OwnmIsAppicant? Lint Name ICITYOFASPEN . First Name 130 S GALENA ST Phone (97019203000 Oust # 252211N CO 81611 j lender Enter the permit type code Record 2 d 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)(10), 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)(10), 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: .iectinn 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 Exemption for Outdoor Food Vending to read as follows: Section 26.470.070(E)(3), GMQS Exemption for 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 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 exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. 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 Director for temporary outdoor food 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 outdoor food vending activities shall be limited to the seasonal time period between June 1 S' and October 31 Sr. An application for 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 food vending activities shall apply for and be approved for a permit (no fee required) to do so prior to commencing operations. Applicable Environmental Health Plan Review fees shall apply. • Section 3 That Land Use Code Section 26.575.030(A)(10), 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 Exemption for Outdoor Food Vending. Cectinn d- 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. Cectinn S- 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 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 151h 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. 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 Approved as to form: John Worcester, City Attorney Helen Kalin Klanderud, Mayor TEMPORARY OUTDOOR FOOD VENDING APPLICATION APPLICANT: Name: Location: (Indicate street address) Parcel ID # (REQUIRED) ASSOCIATED BUSINESS (RESTAURANT OR RETAILER): Name: Address: Phone #: Have you attached the following? ❑ Site Plan (should depict where the proposed vending operations are to be located on private property or mall lease area). 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). Letter of Approval from Restaurant or Retailer in which the proposed outdoor food vending is associated with and adjacent to. Proof of Environmental Health Department's plan review approval for the proposed outdoor food vending operations. ❑ 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 may or may not allow outdoor food vending next summer. Staff and Cite Council will revaluate the program this winter. tq MEMORANDUM V11 G To: Mayor Klanderud and City Council Planning and Zoning Commission Thru: Julie Ann Woo �,Ommunity Development Director Joyce Allgaier, Community Development Deputy Director From: James Lindt, Planner �_) L_ Re: Emergency Ordinance, First and Second Reading of Ordinance No.2.3, Series of 2004: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" 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 deterrent 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 mitigation. 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 be 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 reviewing 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 26.4 70.0 70(E) (3), GMQS Exemption for 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 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 exceed twenty-five (25) .square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. 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 Director for temporary outdoor food 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 outdoor food vending activities shall be limited to the seasonal time period between June 1st and October 31 st. An application for 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. OA 0 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 food vending activities shall apply for and be approved for a permit (no fee required) to do so prior to commencing operations. Applicable Environmental Health Plan Review fees shall apply. Amend Land Use Code Section 26.575.030(A)(10), Open Space Commercial Restaurant Use 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 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: "I 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)(10), 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. Z, Series of 2004 on Tuesday, June 15, 2004 at a meeting to begin at 4:00 PM. City N,,anager's Comments: Attachments: Exhibit A: Review Criteria and Staff Findings 4 ORDINANCE NO. (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)(10), 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)(10), 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 Exemption for Outdoor Food Vending to read as follows: Section 26.4 70.0 70(E) (3), GMQS Exemption for 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 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 exceed twenty-five (25) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. 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 Director for temporary outdoor food 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 outdoor food vending activities shall be limited to the seasonal time period between June I' and October 31's'. An application for 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 food vending activities shall apply for and be approved for a permit (no fee required) to do so prior to commencing operations. Applicable Environmental Health Plan Review fees shall apply. • Cectinn I That Land Use Code Section 26.575.030(A)(10), 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 Exemption for 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. ,tectinn 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 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. Cecfinn 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 15ffi 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 (_ _) 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 5 limited to, transportation facilities, selvage 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 impacts 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 messy 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. L 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: Staff 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. R k 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. This 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. (fl Except as otherwise provided herein, an ordinance, 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. (g) Whenever an ordinance shall be published by reference or by title, the publication shall contain a summary of the subject matter 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 r _ contained in said ordinance. Section 4.11. Emergency ordinances. EEmergency ordinances for the preservation of public property, health, peace, or safety shall be approved by the unanimous vote of council members present or a vote of four (4) council members, whichever ss..The facts, showing such urgency and need shall be specifically stated in the measure itself. No Dance making a grant of any special privilege, levying taxes, or fixing rates charged by any city -owned ,y hall ever be passed as an emergency measure. An emergency ordinance shall require passage at two neetings of the council. However, neither a public hearing nor a first publication as provided in Section "shall be required. An emergency ordinance shall take effect upon final passage. Publication shall be in ten (10) days after final passage, or as soon thereafter as possible. of 5-5-87) f ion 4.12. Codification. €:The council shall cause the ordinances to be codified and thereafter maintained in current form. Revisions ►e.codes may be accomplished by reference as provided in Section 4.13. 4.13. Codes. standard codes, promulgated by the Federal Government, the State of Colorado, or by any agency of ,of them, or by any.municipality within the state of Colorado, or by recognized trade or professional zations, or amendments or revisions thereof, may be adopted by reference; provided the publication ordinance adopting any said code shall advise that copies are available for inspection at the office of .y: clerk, and provided that any penalty clause may be adopted only if set forth in full and published adopting ordinance. I