HomeMy WebLinkAbout12-09-1999
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COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITY ROOM - CITY HALL
Thursday - December 9. 1999
8:30 I. Roll call and approval of November 3,1999
minutes.
II. Commissioner Comments
III. Lighting ordinance
IV. Compactors
V. Newsracks and Delivery Ordinance
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Alleys are cleaned one a week. There is no schedule for
repaving them. Jack Reid said he hope to repave one or two of
the worst ones next spring.
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ISSUES - clowns telling music students to get off the mall and
that this space is theirs!!!!
Jan 2000 - When business licenses go out attach info on deliveries
and work with Sara and Cheryl on sign code and encroachment
information for businesses. No furniture in public right away - can
get an encroachment but minimum sidewalk area must be
maintained.
Line Item in the amp for Wagner Park year 2000 - 750,000
Delivery vehicle ordinance - define delivery vehicles;
changing non-delivery time from 8:00 p.m. to 9:00 p.m.
Deal with exemption problems
Independence Bldg. - The air conditioners have been on the
building forever.
Pending Issues
Jeff Woods from the parks department will come to the CCLC
meeting after Labor Day to discuss the design for Wagner Park.
Two members from the committee will be appointed to a task force
for the design. No design has been implemented yet. Sketches are
floating around but in theory only.
DEPP funding for Phase II
Council has always wanted to wait until Phase I is completed.
There is no money available for Galena Street phase two. 6 to 14
million.
ORDINANCE No. 47
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND SECTION 26.575.150, MISCELLANEOUS
SUPPLEMENTAL REGULATIONS, LIGHTING, SECTION 26.515.020,
CHARACTERISTICS OF OFF -STREET PARKING SPACES AND ACCESS TO
STREET OR ALLEY, SECTION 26.435.040, STREAM MARGIN REVIEW
STANDARDS, SECTION 26.435.060, HALLAM LAKE BLUFF REVIEW
STANDARDS, AND SECTION 26.430.010, PURPOSE STATEMENT OF THE
SPECIAL REVIEW OF THE LAND USE CODE OF THE ASPEN MUNICIPAL
CODE
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Community Development Director to propose an outdoor
lighting ordinance as an amendment the Land Use Code pursuant to Section 26.208 and
Section 26.212; and,
WHEREAS, the amendment requested relates primarily to Section 26.575.150, of
the Land Use Code of the Aspen Municipal Code but also to include related minor
amendments to Sections 26.515.020, 26.435.040, 26.435.060 and 26.430.010; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed Lighting Ordinance on September 7, 1999, and continued the
hearing to September 28,1999, considered the Ordinance and the recommendation of the
Community Development Director and proposed amendments. The Planning and Zoning
Commission recommended by a five to zero (5-0) vote that City Council adopt the
proposed Outdoor Lighting Ordinance amendment to the Land Use Code by amending
the text of sections 26.575.150,26.515.020,26.435.040,26.435.060 and 26.430.010 of
the Land Use Code of the Aspen Municipal Code as described herein; and
WHEREAS, the City Council reviewed and considered the recommendations of
the Community Development Director and the Planning and Zoning Commission at a
City Council meeting on October 25, 1999, and
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WHEREAS, the City Council finds that the text amendments to Sections
26.575.150,26.515.020,26.435.040,26.435.060 and 26.430.010 of the Land Use Code
of the Aspen Municipal Code, as described herein, and commonly referred to as the
"Outdoor Lighting Ordinance" meet or exceed all applicable standards and that the
approval is consistent with the goals and elements of the Aspen Area Community Plan;
and,
WHEREAS, the City Council finds that this ordnance furthers and is necessary
for the promotion of public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.575.150, Lighting, is hereby amended by replacing, in total, the
language in said Section with the following text:
Supplemental Regulations, 26.575.150 Outdoor Lighting
A. Intent and Purpose. The City of Aspen has experienced a significant increase in
the use of exterior illumination. City residents' value small town character and the
qualities associated with this character, including the ability to view the stars against a
dark sky. They recognize that inappropriate and poorly designed or installed outdoor
lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the
nighttime sky, and results in unnecessary use of electric power. It is also recognized that
some exterior lighting is appropriate and necessary.
This Section is intended to help maintain the health, safety, and welfare of the residents
of Aspen through regulation of exterior lighting in order to:
a. promote safety and security;
b. help preserve the small town character;
c. eliminate the escalation of nighttime light pollution;
d. reduce glaring and offensive light sources;
e. provide clear guidance to builders and developers;
f. encourage the use of improved technologies for lighting;
g. conserve energy; and,
h. prevent inappropriate and poorly designed or installed outdoor lighting.
B. Applicability. The lighting standards of this Section shall be applicable to all
outdoor lighting within the City of Aspen. Existing outdoor lighting shall be considered
legal non-conforming lighting for one year from the adoption date of this ordinance.
C. Definitions.
(a) Fully Shielded Light: light fixtures shielded or constructed so that no light
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rays are directly emitted by the installed fixture at angles above the horizontal plane as
certified by a photometric test report. The fixture must also be properly installed to
effectively down direct light in order to conform with the definition.
(b) Foot-candles: a unit of illumination ofa surface that is equal to one lumen
per square foot. For the purposes of these regulations, foot-candles shall be measured at a
height of 3 ft. above finished grade.
(c) Fixture Height: height of the fixture shall be the vertical distance from the
ground directly below the centerline of the fixture to the lowest direct light emitting part
of the fixture.
(d) High Intensity Discharge Light Source (HID): Light sources characterized
by an arc tube or discharge capsule that produces light, with typical sources being metal
halide, high pressure sodium, and other similar types which are developed in accordance
with accepted industry standards.
(e) Point Light Source: the exact place from which illumination is produced
(i.e., a light bulb filament or discharge capsule).
(1) Light Trespass: the shining of light produced by a light fixture beyond the
boundaries of the property on which it is located.
D. Lighting Plans.
(a) An outdoor lighting plan shall be submitted in conjunction with
applications for subdivision, planned unit development, development within any
< environmentally sensitive area, special review application, and building permit
application for a commercial or multi-family building. Such lighting plans shall be
subject to establishment and approval through the applicable review processes. Said
lighting plan shall show the following:
(1) The location and height above grade oflight fixtures;
(2) The type (such as incandescent, halogen, high pressure sodium)
and luminous intensity of each light source;
(3) The type of fixture (such as floodlight, full-cutoff, lantern, coach
light);
(4) Estimates for site illumination resulting from the lighting, as
measured in foot-candles, should include minimum, maximum and
average illumination. Comparable examples already in the
community that demonstrate technique, specification, and/or light
level should be provided if available to expedite the review
process; and
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(5) Other information deemed necessary by the Community
Development Director to document compliance with the provisions
of this Article.
(b) Single family and duplex building shall be in compliance with the
standards of Section 26.575.090.
E. Non-Residential Lighting Standards. The following lighting standards shall be
applicable to all non-residential properties including mixed uses:
(a) Outdoor lighting used to illuminate parking spaces, driveways,
maneuvering areas, or buildings shall conform to the definition for "fully shielded light
fixtures" and be designed, arranged and screened so that the point light source shall not
be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may
be visible beyond a distance equal to or greater than twice the mounting height of the
fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion
of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any
direction. The light level shall not exceed 10 foot-candles as measured three feet above
[mished grade. Exemptions may be requested for areas with high commercial,
pedestrian, or vehicular activity up to a maximum of20 foot-candles.
(b) Outdoor lighting shall be 12 ft. or less in height unless it meets one or
more of the following criteria:
. Fully shielded with a non-adjustable mounting; or
. Lighting for parking and vehicle circulation areas in which case heights up to a
maximum of20 ft. may be allowed; or
. Building mounted lighting directed back at a sign or building fa~ade; or
. Lighting on above grade decks or balconies which shall be fully shielded.
(c) All light sources which are not fully shielded shall use other than a clear
lens material as the primary lens material to enclose the light bulb so as to minimize glare
from that point light source. Exceptions may be allowed where there is a demonstrated
benefit for the community determined through the exemption process listed in this
section.
(d) High Intensity Discharge (HID) light sources are allowed with a maximum
wattage of 175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp-
3,000 degrees Kelvin). Standards for other HID light sources may be established by the
City for new technology consistent with the above restrictions.
(e) Spacing for security and parking lot light fixtures that are pole mounted
shall be no less than 75 ft. apart. Decorative fixtures (which are also fully shielded) are
allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security
lighting shall be no less than 50 ft. measured horizontally. Decorative fixtures directed
back toward a building face shall be exempt from this spacing requirement when shielded
and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a
minimum spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a
combination of pole and wall mounted fixtures, minimum spacing shall be 75 ft. and a
maximum of 150 ft.
(1) Pole mounted fixtures shall be limited to two light sources per pole.
(g) Mixed use areas that include residential occupancies shall comply with the
residential standards on those floors or areas that are more than 50% residential based on
square footage of uses.
(h) Up-lighting is only permitted if the light distribution from the fixture is
effectively contained by an overhanging architectural or landscaping element. Such
elements may include awnings, dense shrubs, or year-round tree canopies, which can
functionally contain or limit illumination of the sky. In these cases the fixture spacing is
limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total
lamp wattage within a fixture of35 watts.
(i) Up-lighting of flags is permitted with a limit of two fixtures per flag pole with
a maximum of 150 watts each. The fixtures must be shielded such that the point source is
not visible outside of a IS-ft. radius.
G) Outdoor vending, such as gas stations, require approval for lighting. Lighting
shall not exceed a maximum of20 candles under the canopy.
F. Residential Lighting Standards. The following lighting standards shall be
applicable to residential properties:
(a.) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of
the following criteria:
. Fully shielded with a non-adjustable mounting; or
. Lighting for parking and vehicle circulation areas in which case heights up to a
maximum of20 ft. may be allowed; or
. Building mounted lighting directed back at a sign or building fa~ade; or
. Lighting on above grade decks or balconies which shall be fully shielded.
(b.) Outdoor lighting with HID light sources in excess of35 watts (bulb or lamp)
shall be prohibited. In addition, incandescent light sources including halogen
shall not exceed 50 watts.
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(c.) All light sources that are not fully shielded shall use other than a clear lens
material, as the primary lens material, to enclose the light bulb to minimize
glare from a point source.
(d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of
landscaped area (as measured in a horizontal plane).
(e) Security lights shall be restricted as follows:
1. The point light source shall not be visible from adjoining lots or streets.
2. Flood lights must be controlled by a switch or preferably a motion sensor activated
only by motion within owners property.
3. Timer controlled flood lights shall be prohibited.
4. Photo-cell lights shall be allowed under the following circumstances:
a) At primary points of entrance (e.g. front entries) or in critical common
areas for commercial and multi-family properties;
b) b) where the light sources are fully-shielded by opaque material (i.e. the
fixture illuminates the area but is not itself visibly bright); and
c) c) the light source or fluorescent (or compact fluorescent) to eliminate
excess electricity consumption.
5. Lights must be fully shielded, down directed and screened from adjacent properties in
a manner that limits light trespass to .1 of a foot candle as measured at the property
line.
6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade.
7. No light fixture shall be greater than 12 feet in height. Exceptions are:
(a.) Tree mounted fully shielded, downward directed lights using a light of25
watts or less, and
(b.) Building mounted flood lights fully shielded, downward directed lights using
a light of 50 watts or less.
(1) Motion sensor lights may be permitted, but only where the sensor is
triggered by motion within the owner's property lines.
(g) Light trespass at property lines should not exceed .1 of a foot-candle as
measured at the brightest point.
G. Street Lighting Standards. All new lighting illuminating public right-of-ways
and easements or private streets shall conform with the following standards:
(a) Street Light fixtures shall be approved jointly by the Community
Development and Electric Department Directors and shall comply with the guidelines of
this ordinance.
H. Exemptions. The following types of lighting installations shall be exempt from
the provisions, requirements, and review standards of this Section, including those
requirements pertaining to Zoning Officer review.
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1. Holiday Lighting. Winter holiday lighting which is temporary in nature
and which is illuminated only between and including November 15 and March 1 shall be
exempt from the provisions of this Section, provided that such lighting does not create
dangerous glare on adjacent streets or properties, is maintained in an attractive condition,
and does not constitute a fire hazard.
2. Municipal Lighting. Municipal lighting installed for the benefit of public
health, safety, and welfare including but not limited to traffic control devices, existing
street lights, and construction lighting. Any city projects built after November 22, 1999
shall comply with this ordinance.
3. Temporary Lighting. Any person may submit a written request to the
Community Development Director for a temporary exemption request. If approved, the
exemption shall be valid for not more than fourteen (14) days from the date of issuance of
a written and signed statement of approval. An additional 14 day temporary exemption
may be approved by the Director. The Director shall have the authority to refer an
application for a temporary exemption to the Planning and Zoning Commission or the
Historic Preservation Commission if deemed appropriate. A temporary exemption request
shall contain at least the following information:
a.
b.
c.
d.
e.
f.
g.
h.
and,
i.
Specific exemption or exemptions requested;
Type, use and purpose of outdoor lighting fixture(s) involved;
Duration oftime requested for exemption;
Type of lamp and calculated lumens;
Total wattage oflamp(s);
Proposed location on premises of the outdoor light fixture( s);
Previous temporary exemptions, if any;
Physical size of outdoor light fixture(s) and type of shielding provided;
Such other information as may be required by the Community
Development Department Director.
4. Approved Historic Lighting Fixtures. Non-conforming lighting fixtures
which are consistent with the character of the historic structure or district may be
exempted with approval from the Historic Preservation Officer or Historic Preservation
Commission. Approved fixtures shall be consistent with the architectural period and
design style of the structure or district and shall not exceed 50 watts.
5. Decorative lighting elements, such as shades with perforated patterns and
opaque diffusers, may be exempted from the fully-shielded requirement provided they do
not exceed 50 watts.
6. If a proposed lighting plan or fixtures are proposed that do not meet this
code but that have demonstrable community benefit, an exemption may be considered.
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The applicant shall submit additional information to adequately assess the community
benefit for approval by the Community Development Director.
I. Prohibitions. The following types of exterior lighting sources, fixtures, and
installations shall be prohibited in the City of Aspen.
1. Light sources shall not be affixed to the top of a roof or under a roof eave,
except where required by building code.
2. Lighting for the purpose of illuminating a building facade shall be
prohibited when such lighting is mounted to the ground or poles, or is mounted on
adjoining/adjacent structures.
3. Blinking, flashing, moving, revolving, scintillating, flickering, changing
intensity, and changing color lights and internally illuminated signs shall be prohibited,
except for temporary holiday displays, lighting for public safety or traffic control, or
lighting required by the FAA for air traffic control and warning purposes.
4. Mercury vapor and low-pressure sodium lighting shall be prohibited due
to their poor color rendering qualities.
5. Linear lighting (including but not limited to neon and fluorescent lighting)
primarily intended as an architectural highlight to attract attention or used as a means of
identification or advertisement shall be prohibited.
6. Unshielded flood lights and timer controlled flood lights shall be
prohibited.
7. Lighting directed toward the Roaring Fork River or its tributaries.
8. No outdoor lighting may be used in any manner that could interfere with
the safe movement of motor vehicles on public thoroughfares. The following is
prohibited:
a. Any fixed light not designed for roadway illumination that
produces direct light or glare that could be disturbing to the operator of a motor
vehicle.
b. Any light that may be confused with or construed as a traffic
control device except as authorized by State, Federal, or City govemment.
9. No beacon or search light shall be installed, illuminated, or maintained.
10. Up-lighting is prohibited, except as otherwise provided for in this Section.
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J. Nonconforming Lighting. Unless otherwise specified within this ordinance,
within one (1) year of the effective date of this ordinance, all out door lighting fixtures
that do not conform to requirements of this ordinance must be replaced with conforming
fixtures or existing fixtures must be retrofitted to comply. Violations shall be corrected
within 60 days of being cited. Until that time, all existing outdoor lighting fixtures that
do not already comply shall be considered legal nonconforming fixtures.
K. Review Standards.
1. Height. Outdoor residential and commercial lighting shall be twelve (12)
feet or less above grade in height. Special revit;w by the Planning and Zoning
Commission may allow lighting of a greater height under the following
circumstances:
a. A fixture at a greater height is required due to safety, building design, or
extenuating circumstances in which case the light shall be fully shielded with
a non adjustable mounting; or
b. Lighting for commercial parking and vehicle circulation areas may have a
maximum height of20 feet above grade and shall be fully shielded, or
c. Lighting on above-grade decks or balconies, which shall be fully shielded.
2. Foot Candles. Outdoor Non-Residential (26.575.070), Sign (26.575.080),
and Residential (26.575.090) Lighting Standards shall not exceed the foot candles
designated in their respective sections. Special review by the Planning and Zoning
Commission may allow lighting of a greater intensity under the following
circumstances:
a. A fixture of a greater light intensity is required due to safety, building design,
or extenuating circumstances in which case the light shall be fully shielded
with a non adjustable mounting; or
b. An architectural or historical feature requires greater illumination, in which
case the light shall be fully shielded with a non adjustable mounting.
L. Procedures.
Administrative Review Procedures
Lighting plans submitted in conjunction with applications for subdivision,
planned unit development, development within any environmentally sensitive
area, Qr special review application shall be reviewed by the Planning and Zoning
Commission.
Lighting plans submitted as a part of a building permit application for a
commercial or multi-family structure shall be reviewed administratively by the
Community Development Director. The Director shall have the authority to refer
an application to the Planning and Zoning Commission or the Historic
Preservation Commission if deemed appropriate.
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Appeals
Any appeals related to decisions regarding outdoor lighting shall be made to the
Board of Adjustment compliant with the procedures in the Appeals Section
26.316 of this Land Use Code.
Section 2:
Section 26.515.020, Characteristics of off-street parking spaces and access to
street or alley, is hereby amended with new text shown in italics as follows:
26.515.020 Characteristics of off-street parking spaces and access to street or
alley.
G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if
provided, shall be arranged and shielded so that lights neither unreasonably
disturb occupants of adjacent residential dwellings or interfere with driver vision
and shall be in compliance with the lighting ordinance in section 26.575.150.
Section 3
Section 26.435.040 Stream Margin Review Standards and Section 26.435.060
Hallam Lake Bluff review standards is hereby amended with new text shown in
italics as follows:
26.435.040 Stream Margin Review Standards.
11. All exterior lighting is low and downcast with no light(s) directed toward
the river or located down the slope and shall be in compliance with the lighting
ordinance in section 26.575.150;
26.435.060 Hallam Lake Bluff review standards.
5. All exterior lighting shall be low and downcast with no light(s) directed
toward the nature preserve or located down the slope and shall be in compliance
with the lighting ordinance in section 26.575.150.
Section 4
Section Special Review 26.430.010 Purpose, is hereby amended with new text
shown in italics as follows:
Special Review, 26.430.010 Purpose.
The purpose of special review is to ensure site specific review of certain
dimensional requirements, mitigation requirements, encroachments, lighting or
subdivision standards, which are specifically authorized to be altered or amended
by specific provisions of this Title in order to maintain the integrity of the city's
zone districts and the compatibility of the proposed development with
surrounding land uses.
Section 5:
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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
Ordinance repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional in a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision of and shall not effect the validity of the remaining portions of thereof.
Section 7:
That the City Clerk is directed, upon the adoption of this Ordinance, to record
among the real estate records of the Pitkin County Clerk and Recorder a copy of
this Ordinance.
Section 8:
A public hearing on this Ordinance was held on the 22 day of November, 1999, at
5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen
days prior to which hearing a public notice of the same was published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen, Colorado this 25th day of October 1999.
Attest:
Rac el E. Richards, Mayo
Finally Adopted, Passed and Approved this.Z2.. day of~L2--V
L
Attest:
Approved as to form
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.JIll /7(/-/7Jr.::c 1~/"/11
John W; c st , City Attorney'
C:\mydocsllightingIReso.doc
1-
ORDINANCE NO. _29_, SERIES OF 1999
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE
ADDITION OF A CHAPTER REGULATING "DELIVERY VEIDCLES."
WHEREAS, the Commercial Core and Lodging Commission (the "CCLC") of the City
of Aspen has heard complaints and conducted public meetings on the issue of when
< commercial deliveries should be permitted in the City of Aspen, and
WHEREAS, the CCLC has determined that deliveries between the hours of 9:00 p.m.
and 5:00 a.m. are disruptive to the citizens and tourists residing in and near the
Commercial Core, and
WHEREAS, the CCLC has determined that deliveries conducted from the streets are
disruptive to the traffic now in the Commercial Core between the hours of 10:00 a.m.
and 9:00 p.m., and
WHEREAS, the CCLC has determined that del~veries in the Commercial Core may b~
conducted subject to certain conditions from a legally parked vehicle in a street,
alleyway, or truck loading zone between the hours of 5:00 a.m. and 10:00 a.m., and
WHEREAS, the CCLC believes that it is in the best interests of the health, welfare,
and safety of the citizens of Aspen to amend the Aspen Municipal Code by the addition
of a chapter to be entitled "Delivery Vehicles," and
WHEREAS, the City Council concurs with the CCLC and desires to adopt for the
benefit of the City of Aspen the following code amendments, to be effective November 1,
1999.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the
addition of a new chapter, 24.20 Delivery Vehicles, which shall read as follows:
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Chapter 24.20 Delivery Vehicles
24.20.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
Commercial core includes all property within the area bordered by Durant to the
south, Monarch to the west, Main Street to the north, and Spring to the east, plus all
properties that abut Main Street on the north side of that street. These boundaries maybe
amended from time to time by City Council.
Deliveries are defined as the necessary and expeditious loading and unloading of
goods, merchandise, and freight.
Delivery vehicles are defined as vehicles which are used to make regular deliveries,
as defined herein, to businesses in Aspen and which may be issued a permit allowing
parking in loading zones.
24.20.020 Restrictions on deliveries.
Except for vehicles delivering newspapers or fast food, such as pizza and sandwiches,
the following time restrictions shall apply to deliveries made in the commercial core of
the City of Aspen (also see the illustrative table below):
A. 9:00 p.m. to 5:00 a.m.: Between the hours of 9:00 p.m. and 5:00 a.m., no
deliveries may be made in the City of Aspen.
B. 5:00 a.m. to 10:00 a.m.: Between the hours of 5:00 a.m. and 10:00 a.m., deliveries
may be conducted from a legally parked vehicle on a street, alleyway, or truck loading
zone in the City of Aspen.
C. 10:00 a.m. to 9:00 p.m.: Between the hours of 10:00 a.m. and 9:00 p.m.,
deliveries may be conducted only from the alleyways or truck loading zones of the City
of Aspen.
TIME PERIOD STREETS ALLEYS LOADING ZONES
9:00 p.m.-5:00 a.m. no deliveries no deliveries no deliveries
5:00 a.in.-IO:oo a.m. deliveries permitted deliveries permitted deliveries permitted
,
10:00 a.m.-9:00 p.m. no deliveries deliveries permitted deliveries permitted
2
24.20.030 Regulations on delivery vehicles.
A. Operators of delivery vehicles shall cooperate with City personnel regarding snow
removal and street cleaning operations.
B. Delivery vehicles shall comply with the idle ordinance and other relevant City of
Aspen ordinances, including but not limited to the Model Traffic Code.
C. A business using a delivery vehicle shall possess a valid City of Aspen business
license or be exempted from the requirement by the City of Aspen Finance Department.
D. A delivery vehicle shall either be conspicuously marked as a delivery vehicle with
plain and legible identification including the business name and phone number affixed
permanently to the side of the vehicle or the vehicle shall display a valid delivery permit
issued by the City of Aspen Transportation and Parking Department.
E. The use of a delivery vehicle shall be required due to (1) the bulk of the items
being delivered or (2) the need for repeated and frequent trips to load or unload the
vehicle.
F. The vehicle must be actively involved in a delivery for the entire period of any
exemption granted. Specifically, the exempted status does not cover time taken for
personal business, business not specifically involving the delivery, and break periods.
24.20.040 Exemption of delivery vehicles from certain parking limitations.
A. Delivery vehicles which comply with the requirements of this Chapter, including
the time restrictions set forth in Section 24.20.020 and the general regulations set forth in
Section 24.20.030 above, are exempt from certain parking limitations in Aspen's
Commercial Core and in surro\lnding Residential Parking Zones, as set forth below:
1. In the Commercial Core a delivery vehicle shall be allowed to use all truck loading
zones and alleys while the driver is completing a delivery.
2. In the Residential Parking Zones surrounding the-Commercial Core, a delivery
vehicle shall be exempt from the two-hour limitation while the driver is completing a
delivery.
B. Delivery vehicles which comply with the general regulations set forth in Section
24.20.030 above and which meet all of the following requirements are exempt from the
restrictions on deliveries from 9:00 p.m. to 5:00 a.m.:
1. The delivery vehicle may not exceed fifteen (15) feetin length, and
3
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2. The delivery vehicle may not have any refrigeration equipment, and
3. The delivery vehicle may not be diesel p.owered, and
4. The delivery vehicle may not have automated lift gates, and
5. The delivery shall not cause undue noise or disturbance to residents or businesses
in the area.
24.20.050 Appeal.
A. A business receiving deliveries or a delivery company may appeal the
requirements of this chapter to the Commercial Core and Lodging Commission
(CCLC).
B. Mailing of notice. At least ten (10) days prior to the public hearing, the party
bringing the appeal shall send notice by first class, postage prepaid U.S. mail to all
owners of property within 300 feet of the business or businesses to which deliveries are
made.
C. Content of notice. Every notice shall include the name and address of the
party bringing the appeal, a description of the relief sought, the date, time, and place
of the hearing, a reference to the CCLC as the decision-making party conducting the
hearing, and such other information as may be required to fully apprise the public of
the nature of the application.
D. Quorum. No appeal may be heard by the CCLC without a quorum being present.
An affirmative vote of the members present, but in no event less than three affirmative
votes, is required to grant relief from the strict requirements of this chapter.
E.' Appeal criteria. No appeal may be granted absent findings by the CCLC (1) that
the business or delivery company cannot reasonably comply with the terms of this
chapter and (2) that the grant of the variance will not unduly burden or affect the
residents and businesses of the neighborhood.
24.20.060 Violations and penalties.
A violation of any of the provisions of this code shall constitute a misdemeanor,
punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment,
as set forth in section 1.04.080 of this Code. A separate offense shall be deemed
committed on each day or portion thereof that a violation of the provisions of this code
occurs or continues unabated.
4
Section 2
This ordinance shall not be effective until November 1, 1999.
Section 3
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 4
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of any other
ordinance, and the same shall be conducted and concluded under such other
ordinance.
,1999,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado.
5
,r
INTRODUCED AND READ as provided by law by the City Council of the City of
Aspen on the ;f3' day o~ 1999.
__JU
ATTEST:
/
~!-10
FINALLY adopted, passed, and approved thisj2 day of
el E. Richards, M yor
(;0' i /
Kathryn S.
6
ORDINANCE NO. Z> , SERIES OF 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTIONS 12.04.020 AND 12.04.030 OF
THE ASPEN MUNICIPAL CODE PERTAINING TO THE
"DEPOSITING OF GARBAGE, TRASH, AND ASHES" AND THE "AREA
AROUND DUMPSTERS MAINTAINED FREE OF TRASH, GARBAGE."
WHEREAS, the City Council of the City of Aspen previously adopted Municipal Code
Section 12.04.020, entitled "Depositing of Garbage, Trash, and Ashes," and Section
12.04.030, entitled "Area Around Dumpsters Maintained Free of Trash, Garbage," and
WHEREAS, the Commercial Core and Lodging Commission believes that it is in
the best interests of the citizens of the City of Aspen to amend said sections by
permitting the use of trash compactors or similar devices (approved by the environmental
health department) in the CC (Commercial Core), and
WHEREAS, it is in the best interests of the community for every applicant for a business
license to provide the City Finance Department with the name of his/her/its trash service
provider, and
WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen
the following code amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Sections 12.04.020 and 12.04.030 of the Aspen Municipal Code are hereby repealed
in their entirety and are re-enacted to read as follows:
12.04.020 Depositing of garbage, trash and ashes.
(a) Every owner or occupant of premises within the city shall deposit and cause to be
deposited all garbage, trash, and ashes which accumulate thereon in (1) animal-proof, fly-
tight, covered containers, (2) dumpsters approved by the environmental health
. department, or (3) a trash compactor (or other trash-containing device) approved by the
environmental health department. Garbage and trash shall be secured in throwaway
,
containers or in such a manner that it is not blown or scattered about or allowed to
become a (luisance to the neighbors or the area. If permitted, the city engineering
departmer;t shall approve the location of all dumpsters, trash compactors, or other
trash-containing devices encroaching upon a city alley or right-of-way.
(b) Every applicant for abusiness license shall provide the city finance department
with the name of his/her/its trash service provider. Failure to provide the name of the
trash service provider shall be cause for the non-issuance of the license.
(c) A "trash-containing device" shall be defined as a container approved by the
environmental health department that is of adequate size and construction to contain the
trash generated by the user(s).
(d) In addition to other enforcement remedies available to the city, the city
engineering department may issue a letter of warning to the owner or occupant of
premises within the city or to the trash service company for non-compliance with a
provision of this section and may revoke an encroachment license. Service from another
trash service company may then be solicited.
12.04.030 Area around dumpsters and compactors maintained free of trash,
garbage.
Every owner or occupant of premises within the city using an approved dumpster,
compactor, or similar device shall keep the area within ten (10) feet of that dumpster,
compactor, or similar device free of garbage, trash, and ashes.
Section 2
This ordinance, when effective, shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding then pending
under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be construed and concluded under such prior ordinances.
Section 3
If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 4
A public hearing on the ordinance shall be held on the ~ day of :lYY7 ~-"jL
, 1999,
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 the .2..L. day of ~/Y. '-~)
,1998
ATTEST:
~~,
City Clerk
FINALLY adopted, passed and approved this ~ day of J{vt C!--(J, 1999.
(-I . J1' n S. Bennett, Mayor
~.
ATTEST:
~:rl.J Ilk
City Clerk
--~---"~._,--
November 17,1999
.
BFI Waste Systems
3766 Highway 82
Olenwood Springs, Colorado 81601
Attention: Henry Fox and Eric Dahlman
THE CITY OF ASPEN
RE: Violation of Public ROW in the Red Onion Alley
Dear Messrs. Henry Fox and Eric Dahlman:
It was brought to my attention that your business has violated the City public right of way
in the Red Onion Alley by placing a non-licensed two cubic yards dumpster. Lack of an
approved encroachment in the public right of way is a violation of the public land and
therefore, it constitutes a municipal code violation.
Unapproved and unacceptable restriction of the public right of way in the alley has
exposed the City to potential public liability, and in addition, mismanagement of the
facility has led us to believe it must be removed immediately.
The City of Aspen Commercial Core and Lodging Commission (CCLC) has performed
several observations and inspections at the site, and has determined that the trash
compactor can receive the extra waste from two businesses utilizing the dumpster.
This letter serve as notice of violation and requires removal of trash dumpster within two
weeks from the date ofthis notice. And finally, the alley must be cleaned of all debris
and waste around the dumpster. The two weeks notice ends on Wednesday, December 1,
1999.
Sincer~ly, ~
~
City Engineer
Enclosure: Copies of notices to dumpster users
Copy to: John Wrocester, City Attorney
VCCLC
Ed Sadler, Asset Manager .
Brian Flynn
130 SoUTH GALENA STREET. ASPEJ'i. COLORAOO 81611 . PHONE 970.920.5000 . FAX 970.920.5197
PrintedonR,-",ycJ..dpap<"
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COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF DECEMBER 9. 1999
Chairperson Jon Busch called the meeting to order at 8:30 a.m.
Commissioners present were Bill Dinsmoor, Jon Busch, Terry Butler, Don
Swales and Eric Cohen.
Don Swales announced his resignation from the board. Don served on the
CCLC since 1988. Staff has always relied on his stability and
reinforcement throughout the years. Don offered his assistance when he is
back in town. He stated that the CCLC has done a lot of good for the City
over the years.
MOTION: Bill moved to approve the Nov. 3, 1999 minutes; second by Eric.
All in favor, motion carried.
Jon said for the next meeting he will have pictures of news racks from
Hawaii.
Gervaise relayed that the City had its first neighborhood meeting and she
personally thanked Terry Butler for attending. One of the outcomes ofthe
meeting was to have the City talk about ways or look at other ways to raise
sales taxes other than on local businesses. Another positive idea was to have
the Chamber, City, Lodging Group and CCLC to come up with a marketing
plan to bring people up from Denver to Aspen, particularly during the fall in
the off season. Chris Nolan from the ACRA will be looking into this. The
meeting was very health for the businesses.
Terry said her staff talked to everyone in the Ute City Bank building and the
Aspen Block building informing them of the meeting. They had several
promises from individuals saying that they would be there but no one
showed up.
Terry's staff had a long discussion of employee housing and who gets it and
how long does one have to be here to apply. The perception right or wrong
is that the percent of people who have employee housing are city and
county government employees.
Gervaise relayed that the perception needs cleared up.
COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF DECEMBER 9. 1999
The chair requested that Mary Roberts, Housing Director come to the next
meeting.
Terry relayed that businesses are interested in employee housing.
Jon said the CCLC should way in the on Bass Park deal. The land trust
wasn't interested in putting up the money to buy it. . The Housing Authority
said they would buy the property. The compromise was to take half the
property, western half and put 18 affordable units there and the other half
toward Monarch used as a pocket park.
Jon's idea would be that the units would then be sold to the business
community as rental units to employees in the business community. Part
time or short term employees are not being addressed in the housing process
and he does not see the city moving to address it. Years ago when the idea
of employer housing came up the City and County was opposed to it
primarily because they said it makes the employees hostage to the
employer. Controls can be set up, you can have a review board and can
have all kinds of ways to address it. Short term might be a good solution
for Bass Park if the business community would be interested in it.
Terry relayed that Ralph Melville, Mountain Chalet has always provided
housing and none of his employees every felt that they were "hostages".
Bill said the housing guidelines might not allow for short term housing
owned by businesses but ifthe businesses formed a partnership it might
come about.
The CCLC Board feels they need larger issues than garbage and newsracks
to resolve. They would like direction from the City Manager and City
Council.
Eric felt that the Commission should give its opinion on Bass Park. His
opinion is to put as much housing on Bass Park as possible and keep people
walking to work and not using their cars as much. He also said the CCLC is
in a good position to take leadership in this issue.
2
COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF DECEMBER 9. 1999
Terry relayed that some kind of tax break needs incorporated with
._ affordable housing.
Sara Oates, Zoning Officer informed the Commission that the Carbondale
Housing Authority, a non-profit organization bought the Uhler Lodge for
business employee housing.
LIGHTING ORDINANCE
Sara conveyed to the CCLC that on Nov. 20th a lighting ordinance was
passed pertaining to residential and non-residential development. Any
commercial or multi-family development would need to come in with a
lighting plan. The extent of the plan has not been worked out. All
development has to comply with the lighting plan. What is currently in
existence is only grandfathered in for a year. Enforcement is on a
complaint basis. Enforcement has not been determined if it should be an
Environmental Health officer or the Zoning Officer. In the past there was
no enforcement in the code and this will allow us to control lighting
violations that come.
c
Bill inquired if any businesses presently are directly effected by the
ordinance. How are holiday lights effected by this ordinance.
Sara stated that XMAS lights or holiday lighting is extended until March.
The buildings that are directly effected are the Comer Stone and the
Tyrolean building. Post cards will be sent to architects and it will be in the
City newsletter.
Jon relayed that you can see all the neon beer signs inside the Grape &
Grain.
Eric inquired about larger complexes such as Hunter Creek and Centennial
which are owned by that complex possibly disturbing people living in those
complexes. You basically have tenants complaining about the landlords.
Sara relayed that she would encourage the tenant to speak with the landlord.
r""
"-
3