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HomeMy WebLinkAboutcoa.lu.ca.Outdoor Food Vending.0070-04 ~~... -.. - ~ THE CITY OF AsPEN City of Aspen Community Development Dept. CASE NUMBER 0070.2004.ASLU PARCEL 10 NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER JAMES LINDT CASE DESCRIPTION OUTDOOR FOOD VENDING EXT REPRESENTATIVE JAMES LINDT 920-5102 DATE OF FINAL ACTION 1/28/2005 CLOSED BY Denise Driscoll '- FleEdito.a.dN_""m_T",He\> . D -'. [ ......lii~~.H~C iic! SubP_ I y""",",," lrlm I R_ 5;;;'" 1 Au:hIE", I P..ceIt I o.tom F..... I F... _T,.,. -- Co. PtI~IIi~w M__I i;l P<Ojed O_-rUTDDDR FOOD VENDING EXT SubniIed IJAMES UNDT 920-5102 r VWbleonlhe.web? loW .....jC1TY OF ASPEN I'hono 11S7111921l'5OO) " loW N_IC1TY OF ASPEN Phone 11S7OJ 92o-5OOl Londo, '......'1 j ErlEftte^stbnittedbyinform4tion mmJ I FeeS~ P,m.u IOO711.2004ASLU Rout..Q.....I.'" 5.....1_ S....r-:::J z., CIockjii;;;;;;O""ro P"""'D, 1 32015 jj Fir:! 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I ..J E_I'012712OO5 i;l '" f!i'l Iiil! ~ J> I!i Record: 2of6 A~~vw'ed fJ~V O{~. 2 -) 2roS c, \f\ I (7Jt( 05 ORDINANCE NO. 2 (SERIES OF 2005) Af1:{OV~ t 17-Lf! oS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CODE AMENDMENT EXTENDING THE ACTIVATION PERIOD OF THE LAND USE CODE LANGUAGE APPROVED IN ORDINANCE NO. 23, SERIES OF 2004 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 in May of2004; and, WHEREAS, amendments to Title 26, the City of Aspen Land Use Code were required to provide such allowances for seasonal outdoor food vending; and, WHEREAS, City Council approved land use code amendments to create a GMQS exemption to allow for seasonal outdoor food vending pursuant to Ordinance No. 23, Series of 2004, in June of2004; and, WHEREAS, the GMQS exemption for seasonal outdoor food vending was considered experiment and Ordinance No. 23, Series of 2004, included code amendments that would be rendered null and void on December 31, 2004, unless City Council readopts the language; and, WHEREAS, during a duly noticed public hearing on January 24, 2005, the Aspen City Council reviewed and approved by a five to zero (5-0) vote, a request by the City of Aspen Community Development Department to extend the time period by one year in which the land use code language approved in Ordinance No. 23, Series of 2004, would actively apply; 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, 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, City Council hereby extends the time period by one year in which the land use code language approved in Ordinance No. 23, Series of2004, would actively apply. Section 2 The land use code language that was approved and added to the code pursuant to Ordinance No. 23, Series of2004, is to remain active until December 31, 2005, reads as follows: Section 26. 470. 070(E)(3), GMQS Exemptionfor 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 criteria are met: I. 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 .\pace needed by employees to work the food vending activity. 2. Temporary outdoor food vending may only occur hy or in assoclOtlOn 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 outdoor food vending shall only he submitted and approved suhsequent 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 di;posal 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 he 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 heing created hy outdoor food vending activities. 5. The outdoor fhod vending activities may occur year-round. An application fhr 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 approvedfor a permit (nofee required) to do so prior to commencing operations. Applicable Environmental Health Plan Review fees shall apply. Section 26.575. 030(A)(1 0). Open Space Commercial Restaurant Use 10. Commercial restaurant use. The provision above notwithstanding, required open space may be used for commercial restaurant use if the Planning and Zoning Commission determines 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 3: This ordinance shall be in place until December 31,2005, at which time it will become null and void unless readopted by City Council. 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: A public hearing on this Ordinance was held on the 24th day of January, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 10'h day of January, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed, and approved this 24" day of January, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney ,"- ED,g. MEMORANDUM TO: Mayor Klanderud and City Council Chris Bendon, Community Development Director ~ James Lindt, Planner ~ THRU: FROM: RE: Second Reading of Ordinance No.2, Series of 2005- Seasonal Outdoor Food Vending GMQS Exemption - Public Hearinl! DATE: January 24, 2005 SUMMARY: City Council approved a temporary land use code amendment in June 2004 inserting language into the land use code that allows for restaurants and retailers in the Commercial Core Zone District to conduct seasonal outdoor food vending on private property, private open space, or public property that is subject to a mall lease for outdoor restaurant seating. Ordinance No. 23, Series of 2004, included a stipulation that the land use code language that was approved would only be in place until December 31, 2004. This sunset stipulation was included because the seasonal outdoor food vending was proposed to be a one summer experiment to be revaluated after the summer concluded. Staff is bringing this code language back to City Council to see if Council would like to extend the ability to conduct outdoor food vending in the Commercial Core for another summer. EVALUATION OF EXPERIMENT: In evaluating this past summer's experiment to allow for outdoor food vending in the Commercial Core, Staff did not encounter any major problems in relation to the allowance of outdoor food vending or the regulating criteria that were enacted in Ordinance No. 23. However, the lack of problems observed by Staff could be due in part to the fact that Staff did not see very many requests to conduct outdoor food vending activities. Staff recommends that City Council extend the language approved in Ordinance No. 23 for one more year. Staff feels that there could be more interest in seasonal outdoor food vending this coming summer if business owners know well in advance that this allowance exists. This past summer, the code amendment allowing for outdoor food vending was not approved until June, which did not give any time for business owners in the Commercial Core to plan to conduct outdoor food vending activities. Additionally, Staff anticipates an increase in activity because the Community Development Staff received some inquiries this past summer that did not turn into otlicial requests to conduct outdoor food vending activities. EXISTING CODE LANGUAGE: The code language that was approved in Ordinance No. 23 reads 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 exceedfifty (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 drink~, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the/bod 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 outdoorfood 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 01 a fbod service plan ./Tom 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 mitigationfees associated with the temporary new net leasable square footage being created hy outdoor fbod vending activities. 5. The temporary outdoor food vending activities shall be limited to the seasonal time period between June ]''' and October 31't An application fbr and an approval of temporary outdoor vending activities shall not constitute nor he 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. 2 7. Each vendor wishing to operate outdoor food vending activities shall apply for and be approved/or a permit (no fee required) to do so prior to commencing operations. Applicable Environmental Health Plan Review fees shall apply. Section 26.575. 030(A)(10), Open Space Commercial Restaurant Use 10. Commercial restaurant use. The provision above notwithstanding, required open ,Ipace 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/orth in Land Use Code Section 26470.070(E)(3), GMQS Exemptionjor Outdoor Food Vending. EXTEND LANGUAGE TO WINTER SEASON: Staff has had several inquiries from people who would like the outdoor food vending exemption extended to the winter months as well, so that they could set up an outdoor food vending operation. City Council may extend the exemption to the winter months by simply amending subsection 5 of the proposed language (italicized above) to change the dates to include the winter months. In evaluating whether the outdoor food vending exemption should be extended to the winter months, Staff sees no reason why it should not be extended. Extending the exemption to the winter months may enhance a visitor's experience in town and encourage them to return to Aspen. Staff believes that extending the outdoor food vending exemption to the winter months may further enliven the commercial core and mall area. STAFF RECOMMENDATION: As was previously discussed, Staff would recommend that City Council extend the language approved in Ordinance No. 23, Series of 2004, for another year so that Staff can continue to evaluate the experiment of allowing for seasonal outdoor food vending in the Commercial Core. Moreover, Staff does not feel that this past summer was a good indicator of the successes and possible problems of the seasonal outdoor food vending program. CITY MANAGI):R'S COMMENTS: (;/~~.......f) ~ ""'~ ttfij M~u", r I ?1/-J/V- 'JR.a.t. RECOMMENDED MOTION: "I move to approve Ordinance No.2, Series of 2005, extending the time period in which the land use code language approved in Ordinance No. 23, Series of 2004 is active, until December 31, 2005." Attachments: Exhibit A: Review Criteria and Staff Findings 3 / ORDINANCE NO. 2 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CODE AMENDMENT EXTENDING THE ACTIVATION PERIOD OF THE LAND USE CODE LANGUAGE APPROVED IN ORDINANCE NO. 23, SERIES OF 2004 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 in May of2004; and, WHEREAS, amendments to Title 26, the City of Aspen Land Use Code were required to provide such allowances for seasonal outdoor food vending; and, WHEREAS, City Council approved land use code amendments to create a GMQS exemption to allow for seasonal outdoor food vending pursuant to Ordinance No. 23, Series of 2004, in June of2004; and, WHEREAS, the GMQS exemption for seasonal outdoor food vending was considered experiment and Ordinance No. 23, Series of 2004, included code amendments that would be rendered null and void on December 31, 2004, unless City Council readopts the language; and, WHEREAS, during a duly noticed public hearing on January 24, 2005, the Aspen City Council reviewed and approved by a _to _ L-~ vote, a request by the City of Aspen Community Development Department to extend the time period by one year in which the land use code language approved in Ordinance No. 23, Series of2004, would actively apply; 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, 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, City Council hereby extends the time period by one year in which the land use code language approved in Ordinance No. 23, Series of2004, would actively apply. Section 2 The land use code language that was approved and added to the code pursuant to Ordinance No. 23, Series of2004, is to remain active until December 31, 2005, reads 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 ;,pace, 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 fiJllowing criteria 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 fiJod 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 outdoorfood vending activities. 5. The temporary outdoor food vending activities shall be limited to the seasonal time period between June ]''' and October 31". 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 26.575. 030(A)(1 0), Open Space Commercial Restaurant Use 10. Commercial restaurant use. The provision above notwithstanding, required open 'pace may be used for commercial restaurant use if the Planning and Zoning Commission determines 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 3: This ordinance shall be in place until December 31, 2005, at which time it will become null and void unless readopted by City Council. 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: A public hearing on this Ordinance was held on the 24th day of January, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 10th day of January, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor ",,-"", .... FINALLY, adopted, passed, and approved this 24" day of January, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney -...., 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 existing code language is in conflict with any other 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 eXlstmg code language is in conflict with the Aspen Area Community Plan. Generally, Staff believes that the existing code language on this matter will allow for additional vitality in the commercial core area. However, Staff has intended the language to allow for an experimental time period 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 that the existing code language 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 4 ~, 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 existing code language 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 existing code language is consistent with the 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 existing code language will 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. 5 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTy:Te vt1 mvu II y CJvl-kv L:~~ft~A vU1<f ~t2 SCHEDULED PUBLIC HEARING DAT:: ?/ ';7..t.;(/C~ ,200_ STATE OF COLORADO ) ) SS. County of Pitkin ) ---t- J 1 !J . I, ~ Q LA A.. W< l ,1/10' ! (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 4 Publication of notice: By the publication in the legal notice section of an official paper or a paper .of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 1.\ "'~ _ Posting of n'rJtice.; By posting of notice, which form was obtained front the Community Development Department, which was made of suitable, waterproof materi'!ls, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information descrillFd in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (1\'5) days prior to the public hearing, notice was hand delivered or mailed by first clats postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) '1'\ \ '0 MEMORANDUM FROM: Mayor Klanderud and City Council Chris Bendon, Community Development Director ~ James Lindt, Planner cIL- First Reading of Ordinance No..;&-, Series of 2005- Seasonal Outdoor Food Vending GMQS Exemption TO: THRU: RE: DATE: January 10, 2005 SUMMARY: City Council approved a temporary land use code amendment in June 2004 inserting language into the land use code that allows for restaurants and retailers in the Commercial Core Zone District to conduct seasonal outdoor food vending on private property, private open space, or public property that is subject to a mall lease for outdoor restaurant seating. Ordinance No. 23, Series of 2004, included a stipulation that the land use code language that was approved would only be in place until December 31, 2004. This sunset stipulation was included because the seasonal outdoor food vending was proposed to be a one summer experiment to be revaluated after the summer concluded. Staff is bringing this code language back to City Council to see if Council would like to extend the ability to conduct outdoor food vending in the Commercial Core for another summer. Ev ALUA TlON OF EXPERIMENT: In evaluating this past summer's experiment to allow for outdoor food vending in the Commercial Core, Staff did not encounter any major problems in relation to the allowance. of outdoor food vending or the regulating criteria that were enacted in Ordinance No. 23. However, the lack of problems observed by Staff could be due in part to the fact that Staff did not see very many requests to conduct outdoor food vending activities. Staff recommends that City Council extend the language approved in Ordinance No. 23 for one more year. Staff feels that there could be more interest in seasonal outdoor food vending this coming summer if business owners know well in advance that this allowance exists. This past summer, the code amendment allowing for outdoor food vending was not approved until June, which did not give any time for business owners in the Commercial Core to plan to conduct outdoor food vending activities. Additionally, Staff anticipates an increase in activity because the Community Development Staff received some inquiries this past summer that did not turn into official requests to conduct outdoor food vending activities. EXISTING CODE LANGUAGE: The code language that was approved in Ordinance No. 23 reads as follows: Section 26.470.070(E)(3), GMQS Exemptionfor 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 oloutdoorfood vending activities may not exceedfifty (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 outdoorfood vending activities. 5. The temporary outdoor food vending activities shall be limited to the seasonal time period between June ]" and October 3]" 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. 2 7. Each vendor wishing to operate outdoor food vending activities shall apply jor and be approved/or a permit (no fee required) to do so prior to commencing operations. Applicable Environmental Health Plan Review fees shall apply. Section 26. 575. 030(A)(10), Open Space Commercial Restaurant Use 10. Commercial restaurant use. The provision above notwithstanding, required open :,pace 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 Exemptionjor Outdoor Food Vending. EXTEND TO LANGUAGE TO WINTER SEASON: Staff has had several inquiries from people who would like the outdoor food vending exemption extended to the winter months as well, so that they could set up an outdoor food vending operation. City Council may extend the exemption to the winter months by simply amending subsection 5 of the proposed language (italicized above) to change the dates to include the winter months. In evaluating whether the outdoor food vending exemption should be extended to the winter months, Staff sees no reason why it should not be extended. Extending the exemption to the winter months may enhance a visitor's experience in town and encourage them to return to Aspen. Staff believes that extending the outdoor food vending exemption to the winter months may further enliven the commercial core and mall area. STAFF RECOMMENDATION: As was previously discussed, Staff would recommend that City Council extend the language approved in Ordinance No. 23, Series of 2004, for another year so that Staff can continue to evaluate the experiment of allowing for seasonal ontdoor food vending in the Commercial Core. Moreover, Staff does not feel that this past summer was a good indicator of the successes and possible problems of the seasonal outdoor food vending program. CITY MANAGER'S COMMENTS: ~4'C;U<.09 ~'vv--{. RECOMMENDED MOTION: "I move to approve upon first reading, Ordinance No. a- , Series of 2005, extending the time period in which the land use code language approved in Ordinance No. 23, Series of 2004 is active, until December 31, 2005." Attachments: Exhibit A: Review Criteria and Staff Findings 3 ORDINANCE NO. ~ (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CODE AMENDMENT EXTENDING THE ACTIVATION PERIOD OF THE LAND USE CODE LANGUAGE APPROVED IN ORDINANCE NO. 23, SERIES OF 2004 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 in May of2004; and, WHEREAS, amendments to Title 26, the City of Aspen Land Use Code were required to provide such allowances for seasonal outdoor food vending; and, WHEREAS, City Council approved land use code amendments to create a GMQS exemption to allow for seasonal outdoor food vending pursuant to Ordinance No. 23, Series of 2004, in June of2004; and, WHEREAS, the GMQS exemption for seasonal outdoor food vending was considered experiment and Ordinance No. 23, Series of 2004, included code amendments that would be rendered null and void on December 31, 2004, unless City Council readopts the language; and, WHEREAS, during a duly noticed public hearing on January 24, 2005, the Aspen City Council reviewed and approved by a _to _ L-~ vote, a request by the City of Aspen Community Development Department to extend the time period by one year in which the land use code language approved in Ordinance No. 23, Series of2004, would actively apply; 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, 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, City Council hereby extends the time period by one year in which the land use code language approved in Ordinance No. 23, Series of2004, would actively apply. Section 2 The land use code language that was approved and added to the code pursuant to Ordinance No. 23, Series of 2004, is to remain active until December 31, 2005, reads as follows: Section 26.470.070(E)(3), GMQS Exemptionfor Outdoor Food Vending: A temporary use of outdoor food vending by a restaurant or retailer on private property, private open iopace, 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 criteria 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 diioposal container that shall be emptied daily and stored inside at night and when the outdoorfood vending activities are not in operation. Additionally, no outdoor, open~tlame char-broiling shall be permitted pursuant to Municipal Code Section 13. OS 1 00, 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 ]" and October 3]" 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 iopecific 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 applicationfor 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 outdoorfood vending activities shall applyfor and be approvedfor a permit (no fee required) to do so prior to commencing operations. Applicable Environmental Health Plan Reviewfees shall apply. Section 26.575.030(A)(10), Open Space Commercial Restaurant Use 10. Commercial restaurant use. The provision above notwithstanding, required open space may be used for commercial restaurant use if the Planning and Zoning Commission determines 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 U~e Code Section 26. 470. 070(E)(3), GMQS Exemption for Outdoor Food Vending. Section 3: This ordinance shall be in place until December 31, 2005, at which time it will become null and void unless readopted by City Council. 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 ofthe 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: A public hearing on this Ordinance was held on the 24th day of January, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 10th day of January, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed, and approved this 24" day ofJanuary, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney 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 existing code language is in conflict with any other 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 eXlstmg code language is in conflict with the Aspen Area Community Plan. Generally, Staff believes that the existing code language on this matter will allow for additional vitality in the commercial core area. However, Staff has intended 1he language to allow for an experimental time period 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 that the existing code language 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, 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 existing code language 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 existing code language is consistent with the 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. 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: Staff feels that the existing code language will 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. 6 - ---, '--' ORDINANCE NO. 23 (SERIES OF 2004) AN ORDINANC~ OF THE crtvCm:JNClLOFTHECiTy OFASPEN,eOtOILy>O, TO AMEND LAND USE CODE SEC'rrON26.4'70JI"70, CkiJwiif MANAGEMENT EXEMPTIONS, AND LANO USE CODE SECTION 26.575:030(A)(iO), 01>1tNSP;{Cl1 COMMERCIAL RESTAURANT USE; TO CREATE A REVIEW, PROGES~FOR SEASONAL OUTnOOlt FOOfi 'VENnMC"IN""fHir "'cOMMERCIAL' CORE IN WHICH AFFOIU)A1JLE:HOUSlNCMlTIGATION'Rl\:QtJtREmmsARt WANED; AND DECLARING AN EMEkCENCY. WHEREAS, the Commercial Core and Lodging Commission (CCLC) indicated 10 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 arid that the approval ofthese 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; lJE IT OIU)ERED 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 26.470. 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, openllame 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 ]" and October 31", 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 n'ot 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 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 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. INTRODUC)j;l>, Rl!:Al>, AND ORDERED PUBLISItED as an emergency ordinance as provided by law, by the City Council ofthe City of Aspen on this 14th day of June, 2004. . ,:",J*~,- ATTEST: -,' -~ FINALLY, adopted, passed by a four to zero (4-0) vote and approved this 15th day of June, 2004. . i ".....~.. ATTEST: Approved as to fonn: ~~. . ./ ?t"/7b~ ~lnr>\fOrces er, City Attorney ~ - ..../ '-" PUBLIC NOTICE RE: CODE AMENDMENT: TEMPORARY OUTDOOR FOOD VENDING GMQS EXEMPTION EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 24, 2005 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by City of Aspen Community Development Department requesting approval of a code amendment to extend the GMQS exemption code language that was implemented pursuant to City Council Ordinance No. 23, Series of 2004, allowing for seasonal outdoor food vending on private property, private open space, or public property that is subject to a mall lease for outdoor restaurant seating to be exempt from the City of Aspen's Growth Management Quota System. The GMQS exemption was implemented on a trial basis and is now up for reconsideration. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429- 2763, jamesl@ci.aspen.co.us. s/Helen Kalin K1anderud. Mavor Aspen City Council Published in the Aspen Times on January 8, 2005 City of Aspen Account