HomeMy WebLinkAboutcclc.ag.06202007
-COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITIES MEETING ROOM
CITY HALL
June 20, 2007
8:30 a.m.
8:30 I. Roll call and approval of June 6th minutes
II. Ducky Derby
III. Downtown Commercial Mix - Ben Gagnon
IV. Vote on alternate to a regular
10:00 V. Adjourn
June 7, 2007
Commercial Core and Lodging Commission
City of Aspen
Aspen, CO 81611
Re: Ducky Derby Sales Tent - Cooper Mall Request
Dear Commission:
On behalf of the Aspen Rotary Club, I am requesting a permit to erect a vending tent on the
Cooper A venue Mall for the two weeks prior to our principal fund raising event - the Ducky
Derby. This is a request we've made in the past and that the Commission has approved.
The operation will mimic past years. We will again have our two standard tents that we have
used in the past. These are approximately 10 feet by 10 feet each. One is used for the sales
desk and one is used to keep our merchandise out of the rain, etc. We will again have the
inflatable duck that will be erected each day and removed at night. We are aware of the
limitations on the west side of the sales area for fire access. In prior years, Ed VanWalraven
of the Fire District has directed us to keep the area between the cranberry trees/drainage
swale and the Guido's building open for fire access and we will continue to observe this
parameter.
We are requesting a two-week permit - Starting Saturday the 28th of July through Friday the
10th of August. The event is on August II tho
I
Attached is a photo rendering of the approximate footprint of the tent and a map of the area
showing the fire access route.
Sincerely,
dvW\~
I
Chris Bendon
Aspen Rotary Club
Copy: Ed Van Walraven, Aspen Fire Protection District
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MEMORANDUM
TO: Mayor, City Council, Planning & Zoning Commission
FROM: Ben Gagnon, Special Projects Planner
THROUGH: Chris Bendon, Director, Community Development
RE: Potential Code Amendments Regarding Mix of Commercial Uses
DATE: April 16,2007
SUMMARY:
This memo begins by briefly reviewing excerpts of past plans, reports and surveys that
focused on the issue of commercial mix in Aspen, up to and including concerns
expressed by the current City Council. Staff will proceed to describe regulatory tools
used by cities and towns across the country. Finally, staff will offer a recently completed
inventory of existing uses in the Commercial Core and will make recommendations for
amendments to the Land Use Code.
HISTORY:
As staff reviewed past plans, reports and surveys, several overriding themes emerged (see
Table I below). These themes include a perception that the commercial mix favored
Aspen the Resort at the expense of Aspen the Community. Another theme was a concern
that Aspen was losing the uniqueness of its retail offerings, as well as its diversity of
retail - for both residents and tourists. Still another theme was a concern over the
proliferation of "chain" stores.
On July 19, 2006, more than 430 people participated in an instant keypad voting session
entitled, "Core Beliefs: A Community Discussion on Growth and Development" at the
Hotel Jerome. The intent of the keypad session was to gain public feedback on topics of
concern to City Council, including the mix of commercial uses.
Among the most definitive responses, 63% strongly agreed or agreed that the City should
have "a role in helping preserve and maintain some essential businesses that serve year-
round residents." Sixty-four percent either strongly agreed or agreed that the "current mix
of retail stores is too high-end and does not meet the needs and interest of tourists."
Seventy-three percent either strongly agreed or agreed that "the high number of funky
boutiques Aspen used to have were part of the unique charm that attracted tourists."
These responses reinforced the major themes found in past planning documents and
surveys: The Aspen community is concerned that the commercial sector isn't adequately
serving year-round residents, and is losing diversity and uniqueness with regard to the
tourist sector. (See Exhibit A for additional "Core Beliefs" voting results.)
I
Table 1: Past Plans. Reports and Surveys
Document
1993 Aspen Area
Community Plan
2000 Aspen Area
Community Plan
2000 Aspen Area
Community Plan .
Action Items
Economic
Sustainability
Committee Final
Re ort, 2002
ACRA Summer
Surve 2004
ACRA Summer
Survey 2006
Excer ts
The community must find ways to strike a balance between the
local and tourist shopping opportunities ... Developments which
include locally oriented businesses should be encouraged.
. Our nature has been consciously inclusive and has abhorred
exclusivity.
. Our economic and business decisions should... ensure balance
and integration between' Aspen the Resort,' and 'Aspen the
Community.'
. Both residents and a diverse visitor population. .. demand a
lively, small-scale downtown with diverse and unique shops.
. Ensure government support of a diverse business and nonprofit
communit .
Action item #91: Support Locallv Owned Businesses. Study and
consider ways to support a diversity of small, locally-owned
businesses in the commercial core as opposed to national chain
stores and tourist-oriented retail.
Action item #94: Study Potential to Limit Chain Stores. Investigate
efforts by other communities for managing the impacts of chain
stores.
Provide staff support to communicate with other communities, and
research and recommend code changes and/or creative measures
that encourage a desirable downtown retail mix.
The variety of retail and nightlife received average ratings.
"Relative to other mountain resorts you've visited, what aspects of
the Aspen vacation experience do youfeel are in greatest need of
improvement in summer?" The two most frequent comments
concerned parking and a greater variety of affordable retail options
(with some mentions of affordable dining & lodging as well).
Great downtowns and great retail create an ambiance that causes
people to remain and participate in a diverse, active environment...
Over time, sustained high lease rates have contributed to the
increasingly narrow range of Aspen businesses and the diminished
number of smaller local retailers.
2
REGULATORY TOOLS:
The City of Aspen has addressed the question of commercial mix for many years. The
following are a few examples to walk through before discussing new regulatory tools
staff is proposing.
SCI and NC Zone Districts
One regulatory tool that has been used with considerable community support was
adopting the Service/CommerciallIndustrial (SCI) Zone District, and the Neighborhood
Commercial (NC) Zone District. The bulk of the SCI and NC zone districts are located
north of Main Street - not coincidentally near neighborhoods with a substantial number
of year-round residents. There is also a pocket of NC zoning in the area of City Market.
By definition, SCI uses are non-retail uses, such as dog grooming or auto repair. By
definition, NC uses cater to local neighborhoods, and tourist-oriented businesses are not
allowed.
Direct Subsidy
The 1993 Aspen Area Community Plan included an Action Item to "Explore deed
restricted commercial space." This concept was the subject of community debate with
regard to the "Superblock" development, and ultimately was not implemented by the City
Council. Staff's understanding is the community felt it was fundamentally unfair to
directlv subsidize commercial space in a highly competitive commercial environment.
Tax Incentives & Business Recruitment
Another potential tool is a mixture of government tax breaks and a quasi-public
organization such as a Downtown Development Authority that recruits new uses to the
commercial sector. In other cities and towns, the recruiting targets tend to be major
employers or developments that can jump-start the local economy, such as high-tech
firms or convention centers. Staff believes this approach misses the mark for Aspen.
First, we're not looking for a major employer or an economic jump-start. Second, the tax
breaks local government can offer are extremely marginal compared to the high lease
rates here. Third, we simply don't have a Downtown Development Authority or Business
Improvement District that must play the role of targeting and recruiting. Efforts to form
one have fallen far short of the mark. This approach may be further explored, but does
not require a moratorium to be further pursued.
In exploring regulatory tools used by other cities and towns, staff perceives its task as:
=> Increasing local-serving business;
=> Encouraging more uniqueness, balance and diversity in the commercial mix;
=> Increasing a sense of excitement and vitality in town.
Staff has reached a consensus that some new regulatory tools would have negative
consequences that far outweigh the positives. Other tools seem workable and appropriate
for Aspen. The following (Table 2) describes three major tools now being used to
manage commercial mix in the United States.
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Table 2: Ree:ulatorv Tools for Commercial Uses
Regulatory
Tool
Summary
Statement
of
Public
. Policy
Cities and
towns using
this tool
Prohibition
This is the most
aggressive tool for
regulating uses. If a
certain type of business
applies for a business
license, the license would
simply not be granted.
Prohibitions may be
applied citywide or to a
specific area.
This type of use does not
belong in our town; or,
this use does not belong
in a certain area of town.
Prohibits formula
retail:
San Juan Batista, CA
Martha's Vineyard, MA
Prohibits formula
retail in certain parts
of town:
Nantucket, MA
Port Townsend, WA
Prohibits formula
restaurants:
Ogunquit, ME
San Juan Batista, CA
York, ME
Calis toga, CA
Sanibel, FL
Quota
This IS also an
aggressive tool. If a
certain type of business
applies for a business
license, and the quota is
filled, a business
license would not be
granted. Quotas may be
applied citywide or to a
specific area.
This is an appropriate
use for our town, but
we are saturated or
oversaturated with this
type of use.
Quota for certain
types of retail:
Berkeley, CA;
Gift shops etc.
Carmel, CA;
Jewelry stores etc.
Quota for formula
retail in certain part
of town:
Portland, ME
Quota for formula
restaurants:
Arcata, CA
Conditional Use
This is a moderate tool. If a
certain type of business
applies for a business
license, a hearing would be
held requiring the applicant
to meet review standards.
Conditional use reviews
may be applied citywide or
to a specific area.
This is an appropriate use,
but only if certain
conditions are met.
Conditional Use
Formula Retail:
Coronado, CA
Calistoga, CA
San Francisco, CA
Sausalito, CA
Laguna Beach, CA
for
4
PROHIBITION / QUOTA! CONDITIONAL USE: CAN THEY WORK IN ASPEN?:
The most significant trend regarding the regulation of commercial mix in recent decades
has been the establishment of prohibitions, quotas and conditional use reviews. As shown
in Table 2, these tools have been used to regulate chain or "formula" stores, and chain or
"formula" restaurants.
In Coronado, California - a small island off San Diego - a PetCo store applied for and
obtained approval to locate in the downtown. The community response was
overwhelmingly negative: The public felt such a large chain store did not belong in a
downtown dominated by small, unique and locally-owned businesses. As a result, the
town adopted a Conditional Use Review requirement in 2000 for formula stores and
formula restaurants. No one has applied for a formula store since that time, but the town
recently approved a Panera Bread "formula" restaurant after a conditional use review
process. (Additional detail on the use of prohibitions, quotas and conditional use review
in cities and towns across the country can be found in Exhibit B.)
Over-saturation of 'High-End' Stores
If the overriding concern in the City of Aspen was the proliferation of chain stores, staff's
task would be relatively simple. A prohibition, quota or conditional use could be
implemented. However, it is staff's perception that the concern regarding commercial
mix in Aspen is more complex. Staff believes the community does not want to regulate
chain retail stores across the board. For example, staff believes the community would not
be pleased if the Gap left town. Even the departure of Banana Republic was mourned, by
some.
However, staff perceives a consistent concern that Aspen is over-saturated with "high-
end" stores. While staff could find no examples of cities or towns that define retail uses
based onlv on price, staff believes there is an effective regulatory approach to the
problem of over-saturation of certain types of high-end stores. Before describing that
approach, staff would like to address the question of regulating by price-points only, as
this approach has been discussed by some Council members.
Problems with 'Price-Points'
Regardless of the potential legal issues related to regulating by price-points alone, staff
believes that defining use according to price-points is an approach that is unwise from the
perspective of "good government" and from a cultural perspective. The City of Aspen's
commercial sector is extremely competitive, due partly to the seasonality of its activity.
The Community Development Department already experiences a substantial number of
complaints from one business about other businesses - often with regard to signage,
lighting and sidewalk displays. Just last summer, the depth of feeling on the part of some
business owners required extensive time devoted by the Community Development
Director, the Zoning Enforcement Officer and a Public Safety Officer with regard to
disputes over outdoor displays.
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If the City were to adopt use categories according to price, staff strongly believes that a
poisonous environment would be established in which one business would claim that
another is violating its "price-point" category.
Staff believes it would be extremely unhealthy for the community in general if the City
were to send a Zoning Enforcement Officer to a clothing store to examine the prices of
merchandise, or to a restaurant to examine the menu. A number of challenging problems
would arise with relation to the implementation of a price-point policy. Simply
processing applications would be an intensive task, and the City would almost certainly
have to update its price-points each year. The City would have to adopt a complex set of
price points for different kinds of merchandise within the same store. For example, a
store may sell sportswear as well as expensive watches.
A number of related questions are very troubling: How far could merchandise vary from
price-points and still be acceptable? $I? $10? Would the City in effect order a business to
remove merchandise from the store? Or order a restaurant to reduce the price of a daily
special or a side dish? How many Zoning Enforcement Officers would be needed to
respond to complaints - both from other businesses and consumers? How large would the
bureaucracy have to become in order to determine who can open a business and who
cannot, and whether a business is violating its price-points?
Staff believes strongly that these scenarios would unfold, and would contribute to
extremely unhealthy relationships between the City and the business sector, consumers
and the business sector -- and a generally poisonous atmosphere in the community.
However, staff believes there are measures that can be taken to address the concerns
about "high-end" stores through careful definitions of use.
Two Kinds of 'High-End'
Staff found that there are two fundamentally different kinds of high-end retail store in the
City of Aspen: One tended to open up shop in the 1980s and '90s, were (and are) owned
and operated locally -- and mayor may not have expanded to stores in other
communities; the second tended to open up shop in the mid- to late-1990s up to the
present, are part of a national and/or international formula retail operation and tend to sell
a single designer/luxury brand of merchandise. A preliminary inventory shows
approximately 30 stores in the latter category.
Not only are there two fundamentally different types of "high-end" retail stores in Aspen,
business license records show a trend away from unique, locally-owned high-end stores,
and toward more national/international formula, designer/luxury brand stores. It is
possible to establish a definition for the latter type of store, as follows:
Retail: Exclusive desil!nerlluxurv brand merchandise. Formula retail stores with a
focus on national/international designer/luxurv brand management and marketing,
typically catering to an exclusive clientele.
6
Using this definition, the City could adopt new regulations to manage this kind of retail
store. The fundamental question is: Should this kind of store be regulated? Staff's
position is that there is a clear trend indicating the proliferation of this type of use.
Further, staff believes that both the exclusive nature and formulaic features of this type of
use is inconsistent with the desire for inclusiveness, diversity, balance and uniqueness as
expressed in the 2000 AACP, other planning reports and surveys, and as expressed by
City Council. If this use is permitted to further proliferate, staff believes it will steadily
erode the vitality and excitement of the downtown.
Choosing the Appropriate Regulatory Tool
If this type of use should be regulated, which regulatory tool is appropriate? In Table 2,
staff included "Public Policy Statements" in order to summarize the intent of a
prohibition, versus a quota or a conditional use review.
Staff believes that a prohibition is inappropriate, considering that some number of
designer/luxury brand stores fits with Aspen's status as a world-class resort. Therefore,
staff believes that a prohibition that effectively sends the public policy message that such
stores "do not belong" in Aspen is not the correct regulatory tool.
Staff believes that a conditional use review requirement is also not appropriate for this
type of use. A conditional use review is typically established when the continued
proliferation of a certain use is deemed acceptable, but with certain conditions. For
example, the City of Coronado allows fast-food restaurants, but one of the conditions of
approval is that they not be located at the corner of two streets. In this case, staff believes
the continued proliferation of the designer/luxury brand store is inconsistent with the
2000 AACP, and a conditional use review will not alleviate these fundamental concerns.
Staff believes that establishing a quota effectively sends the public policy message that
designer/luxury brand stores are appropriate in Aspen, but that the downtown area is
saturated or over-saturated with such stores. Staff believes that setting a quota for such
stores in the Commercial Core and Commercial-l zone districts is the appropriate
regulatory tool in this instance.
Quotas: How Much is Too Much?
One challenge of implementing a quota is determining the quota ceiling. What is the
magic number? Staff recognizes that planning is not such a scientific tool that it can
determine exactly the number of stores in a certain category as the perfect amount for the
most appropriate commercial mix. Rather, staffs approach is to simply find that
downtown Aspen is either saturated or over-saturated with a certain type of use, and this
type of use should not continue to proliferate. Typically, cities and towns have counted
the number of "chain" stores and set the quota at that level -- effectively finding that the
town is saturated - rather than oversaturated -- with a certain type of use. The quota could
be set below the existing number of stores in a certain category - effectively finding that
the town is over-saturated with a certain type of use. If Council wants staff to move
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forward with establishing a quota, Council can direct staff on whether this is a saturated
or oversaturated use.
While staff has conducted an inventory according to the above definition of
designer/luxury brand stores, a more rigorous approach to this inventory will need to be
taken in order to establish a quota.
Quota Implementation
Implementation of the quota system would be administered by Community Development
Department staff. The Finance Department would refer Business License applications to
Community Development, according to current practice, and the Community
Development Director would make a finding as to whether an applicant falls under a use
definition that is subject to quota. Appeals could be made to City Council, but only to
determine if the Director has abused his/her discretion.
If the quota is filled, the business license would be denied. Applicants may sign up on a
first-come-first-served list to be considered in the future if the number of stores under
quota drops below the quota ceiling.
Inventory of Commercial Uses
Staff believes there are other uses that should be subject to new regulatory tools. Before
discussing this further, it would be useful to review an inventory of existing commercial
uses in the Commercial Core Zone District. The inventory "breaks out" the uses in the
Pedestrian Malls. Staff singled out the Pedestrian Malls because they are a unique sub-
area in the Commercial Core, and their unique pedestrian nature may require special
attention with regard to uses that most appropriately capitalize on this pedestrian-only
condition.
Staff compiled this inventory by using standard descriptors of uses, and literally walking
up and down each street in the Commercial Core, counting the number of stores in each
use category. Staff decided that for the purpose of addressing public policy concerns with
regard to walk-about vitality and commercial mix, this inventory exercise was limited to
first floor uses, split-level uses and basement uses. This approach was taken to reflect the
pedestrian experience of Aspen's downtown core. Staff did not compile an inventory or
second floor uses.
It is staffs recommendation that regardless of City Council's decisions on commercial
mix code amendments, the City should conduct an annual inventory of all commercial
uses, broken down by zone district and floors, in order to provide information on this
important public policy topic. This can be done rather easily through coordination and
possible minor changes in practice in conjunction with the Finance Department. At this
time, staff believes the informal inventory that has been conducted is appropriate and
reliable for the purpose of public policy discussions and potential code amendments.
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Table 3: Commercial Use Inventory (Commercial Core Zone District)*
. All inventories include first floor, split-level + basement.
CLOTHING & PERSONAL ACCESSORIES 94
Clothing 23
Jewelry 20
Clothing & accessories 9
Accessories 8
Furs 7
Cosmetics, fragrance & salon 7
Sportswear 7
Sports equipment 5
Optical 5
T-shirts 3
HOME FURNISHINGS & ACCESSORIES 34
Art gallery 16
Rugs 5
Antiques 3
Kitchen/bath 3
Home furnishings 2
Baggage 2
Collectibles I
Hardware I
Camera I
RESTAURANTS, COFFEE. NIGHTLIFE 42
Restaurant 28
Coffee. ice cream. baked goods 5
Nightclub 3
Restaurant & bar 2
Restaurant & bar (private club) ]
Restaurant & theatre ]
Cigar bar & billiards I
Bar ]
OFFICES 20
Real estate ]2
Bank 5
Non-Real Estate Office 2
Media I
SUNDRIES 6
Liquor store 2
Convenience store I
Drugstore I
Pet supplv I
D~' cleanin<> I
9
Table 4: Commercial Use Inventory (Pedestrian Malls)
CLOTHING & PERSONAL ACCESSORIES
28
Soortswear
Clothing
Furs
Jewelrv
Clothing/acces.
T-shirts
Accessories
Ootical
Cosmetics
7
4
4
4
2
2
2
2
1
HOME FURNISHINGS & ACCESSORIES
Art gallerv 6
Bae:e:al!e 1
Rugs I
Antillues I
9
RESTAURANTS. NIGHTLIFE & COFFEE ETC. 10
Restaurant 6
Nightclub 2
Restaurant/bar I
Ice cream coffee baked l>oods 1
I OFFICES
Real estate
4
4
I SUNDRIES
Pet Supply
1
Table 5: Commercial Use Inventory (Commercial-1 Zone District)
CLOTHING & PERSONAL ACCESSORIES 12
Clothing 4
Jewelrv 2
Cosmetics. fragrance & salon 3
Snortswear/eauinment 3
HOME FURNISHINGS & ACCESSORIES 2
Art gallerv I
Collectibles 1
RESTAURANTS. NIGHTLIFE & COFFEE ETC. 7
Restaurant 6
Bar 1
10
Table 5: (continued)
OFFICES 26
Real estate 6
Bank I
Attomev 4
Architect (lncl. Landscaoe) 4
Design 2
Financial (Mortg./CP AfTitIe) 5
Medical 3
Travel I
I SUNDRIES
Office Supply
1
Table 6: Commercial Use Inventory (Commercial Lodge Zone District)
CLOTHING & PERSONAL ACCESSORIES 12
Soortswear 3
Clothing 5
Furs I
Jewelry 2
Cosmetics I
HOME FURNISHINGS & ACCESSORIES 5
Art gallery 2
Antioues I
Kitchen/bath I
Games/Hobbv (Kids) I
Bookstore I
RESTAURANTS. NIGHTLIFE & COFFEE ETC. 2
Restaurant 2
II
Inventory by Commercial Category (Commercial Core)
Commercial Core Zone District
SUNDRES
OFFICES 3%
RESTAURAms'0~% 'n(
NIGHTlFE & ~
COFFEE ETC.
21% ~
HOME
FURNISHINGS &
ACCESSORIES
17'%
CLOlHNG &
PERSONAL
ACCESSORES
49%
Inventory by Commercial Category (Pedestrian Malls)
Pedestrian Malls
QFFCE
8%
SUl\CRIES
2%
HO>.E
FURNlSHNGS &
I'CCESSORIES
17%
CLOTHING &
PERSONI\L
ACCESSORIE
54%
RESTAURANT,
NIGHTLIFE &
COFFEE ETC.
19%
12
Inventory by Commercial Category (Commercial-I)
Commercial-1 Zone District
SU>DRIES
~ ~
CLOTHt\G &
PERSONl\L
ACCESSORIES
25%
OFFICES
54%
f-OME
FLRNSHt\GS &
q ACCESSORIES
4%
REST AlJ<ANTS.
NGHTLlFE &
COFFEE ETC.
15%
Inventory by Commercial Category (Commercial Lodge)
Commercial Lodge Zone District
RESTAURANTS,
NIGHTLIFE &
COFFEE ETC.
11%
CL01HIt\G &
PERSONAL
ACCESSORIES
63%
HONE
FURNISHINGS &
ACCESSORIES
26%
13
Inventory by Commercial Category (CC. C-l & CL)
OFFICES
17%
RESTAURANTS,
NIGHll...IFE &
COFFEE ETC.
19%
Commercial Core, C-1 and CL
SUNDRIES
3%
CLOlHlNG &
PERSONAL
ACCESSORIES
45%
HO~
FURNISHINGS &
ACCESSORIES
16%
14
COMMERCIAL USE INVENTORY DISCUSSION:
The results of the inventory of commercial uses are instructive. From a planning
perspective, the types of uses that generate the most vitality and pedestrian interest fall
under the category of "RestaurantslNightlife/Coffee Etc."
Generating less vitality are Office, Clothing and Home Furnishing. It is also relevant to
consider that many of these retail clothing and home furnishing stores fall under the
category of Retail: Exclusive Designer/Luxury Brand Merchandise, and considering their
exclusive nature, these stores contribute the least to the overall vitality of the Commercial
Core.
In the Commercial Core as a whole, the number of Office/ClothinglHome Furnishings
stores compared to RestaurantslNightlife/Coffee Etc. is 148:42, or a ratio of
approximately 3.5:1. In the Pedestrian Mall, the number of Office/ClothinglHome
Furnishings stores compared to RestaurantslNightlife/Coffee Etc. is 41: I 0, or
approximately 4: I.
Staff believes these ratios are somewhat out of balance, with too much emphasis on
Office/ClothingIHome Furnishings, and not enough on restaurant and nightlife uses that
generate more vitality. Staff is particularly concerned that the Pedestrian Malls appear to
be even more out of balance than the Commercial Core as a whole. The inventory
appears to confirm concerns expressed in the 2000 AACP, other planning reports and
surveys and in the ordinances that established the moratoria. These concerns were
repeated by Council and P&Z during the March 2007 work session regarding "dead
spots" in the downtown," a "loss of vitality," too many "high-end" stores and
"exclusivity," and the need for "more vitality," and "diversity." (Please see Exhibit C.)
Jewelry Stores
In addition to placing a quota on Retail: Exclusive Designer/Luxury Brand Merchandise,
staff believes that the number of jewelry stores (24 in the downtown area) indicates that
this use may be over-saturated in the Commercial Core. Establishing a quota somewhat
below the number of existing jewelry stores could be consistent with the 2000 AACP,
and other planning reports and surveys -- and could address the concern of
oversaturation. In addition, establishing a limit on jewelry sales as an accessory use to
10% of retail floor area could be used.
Art Galleries
Another use that appears to be at a level of saturation is art galleries (19 in the
downtown). However, staff believes there is potential within this use category to generate
more vitality and interest by simply applying a Performance Zoning standard. Staff
believes a review of the experience in Carmel, California, where art galleries dominated
the downtown area, is instructive. The City of Carmel now requires new art galleries to
provide on-site studio space for an artist during at least six (6) months of the year in
order to bring vitality to the local art scene, and to provide opportunities for local and
regional artists to gain a foothold in the art world. Implementing Performance Zoning
would be an administrative exercise, requiring applicants for a new art gallery to
15
demonstrate their ability to meet this standard, and requiring evidence that the standard is
. met on an annual basis.
Pedestrian Malls
Staff is recommending a more comprehensive approach to the commercial mix in the
Pedestrian Malls.
Under "Purpose" in Section 26.710.140 Commercial Core (CC), the existing code states that,
"The district permits a mix of retail, office, lodging, affordable housing, and free market
housing uses oriented to both local and tourist populations to encouraf!e a hif!h level of
vitality. " [Emphasis added.] Staff is proposing to add a paragraph that is consistent with
the existing text, but focuses on the nature of the pedestrian malls, as follows:
The pedestrian malls are a unique sub-area within the Commercial Core (CC) zone
district. The unique character of the pedestrian mall is largelv established not iust bv the
front facades of buildings, the extensive landscaping or mall furniture. but bv the number
of people who are walking on the pedestrian mall. entering and exiting storefronts and
allevs, utilizing the mall furniture or restaurant-related outdoor seating. generallv
congregating, observing displavs in the right of wav. and the plav of children in the area.
therebv creating a sense of destination and vitality. It is important to preserve and
encourage commercial uses that promote a high level of pedestrian use, activitv and
general vitality suited to this sub-area of the citv's central business core. and to establish
the pedestrian malls as a unique destination both within the city and the region.
Staff's intent is to recognize that the nature of the pedestrian malls is substantially different
than the rest of the Commercial Core, where automobiles are allowed to circulate and park.
The proposed code amendments seeks to build upon the pedestrian-only nature of the malls
to establish them as a more interesting and exciting destination for locals, regional residents
and tourists alike. Staff believes the Pedestrian Malls could ultimately be "Restaurant Row,"
with extensive outdoor seating and opportunities for a more vital nightlife in this area.
Staffs proposal is to remove "Retail" from the list of permitted uses and require that new
applicants for retail uses obtain a Pedestrian Mall Conditional Use Permit. Conditional use
review is a tool that recognizes a certain use is appropriate, but only if certain conditions are
met. Any applicant for a retail business license would have to demonstrate that they meet a
set of Review Standards. Staff recommends the following Review Standards:
. The retail use recognizes and complements the pedestrian nature of the Pedestrian Malls
and contributes to the vitality of this unique area.
. The retail use contributes to the diversity and overall equilibrium regarding the tvpe of
retail uses existing in the pedestrian mall. using the Annual Inventory of Commercial
Uses on the Pedestrian Malls as a reference document. therebv enhancing the
pedestrian mall as a destination.
. The retail use demonstrates uniqueness and/or local/regional origination with regard
to merchandise. thereby contributing to the uniqueness of the pedestrian mall as a
destination within the Aspen area. and the uniqueness of Aspen as a destination in
16
the broader resort community, using the Annual Inventory of Commercial Uses on
the Pedestrian Malls as a reference document.
Staff is recommending the Commercial Core and Lodging Commission (CCLC) as the
review board for the Pedestrian Mall Conditional Use Permit Review, with an option for
appeal to the City Council.
In addition, staff is recommending the automatic waiver of City fees (building permit,
liquor license, mall right of way lease) for new restaurant applicants on the Pedestrian
Mall. Also, staff is recommending that new restaurant applicants receive an employee
mitigation waiver for up to 250 additional square feet for restaurants with operating hours
that encompass breakfast, lunch and dinner. If a restaurant enjoying such a waiver were
to convert to fewer operating hours, the mitigation requirement would immediately be
imposed in the form of a cash-in-lieu payment.
Finally, staff is recommending a prohibition on certain uses in the Pedestrian Malls. Staff
believes making a public policy statement that certain uses "do not belong" on the
Pedestrian Malls is appropriate, considering the unique nature of this area. Prohibited
uses that already exist on the Pedestrian Malls would be alloweil to remain, but may not
be duplicated after such a use is discontinued for six (6) months or more. Prohibited uses
are recommended as follows:
. Retail: Exclusive DesignerlLuxury Brand Merchandise
. Jewelry Stores
. Office
Staff believes that this combination of code amendments is consistent with the 2000
AACP, other planning reports and surveys, and addresses the concerns expressed by
Council. Staff believes this combination of code amendments will tend to slowly and
steadily transform the Pedestrian Malls from an area that is currently dominated by retail
stores, into an area featuring uses that build on the pedestrian nature of the mall,
increasing vitality and ultimately establishing a unique destination.
LOCAL-SERVING BUSINESS / COMMUNITY COMMERCIAL:
Staff has taken a close look at the option of establishing a new category of use called
"Community Commercial." Staff explored the concept of requiring a certain percentage
of new development ('vacant lot' development) to fall under this new category. In
addition, staff explored the concept of redevelopment projects earning points under the
new Growth Management "Objective Scoring" system by providing Community
Commercial space. In order to move forward with this approach, the City would need a
definition of Community Commercial that includes a list of permitted uses.
As staff explored this approach, staff became increasingly concerned about how to
identifY that list of Community Commercial uses. For example, it became clear that if
"Clothing Store" were listed as a permitted use under Community Commercial, that use
could allow for 'high-end' clothing. The only method of preventing this outcome would
be to define uses through "price-points." As outlined on page 5 and 6 above, staff
17
strongly believes that using price-points to define a use would result in a poisonous
atmosphere for the community.
Even if a quota were adopted to limit the number of stores in the category of "Exclusive
DesignerlLuxury Brand Merchandise," this would only limit high-end chain stores. If
clothing were a permitted use under "Community Commercial," a high-end clothing store
would still be allowed; it simply couldn't be a chain or "formula" store. Again, staff
believes this outcome would not address the intent of creating more Community
Commercial space.
Similar problems would arise for uses such as Home Furnishings, KitchenlBath,
Sportswear, Salon and many other uses. The nature of the products sold in many use
categories allows for a wide range of price-points. The only uses that would appear to fit
under the concept of Community Commercial would be stores selling products that are
inherently attainable by a wide range of customers. These would include things like
musiclDVD stores, camera stores and bookstores. However, the City already has
examples of these kinds of uses, and they tend to be local-friendly. Does the City really
want to establish new commercial space that would compete with places like Explore
Booksellers or Great Divide Music?
How We Can Still Provide Community Commercial Space
After extensive discussion, staff reached a consensus that the way to bring more local-
serving businesses into town is to encourage the commercial use of space that typically
leases for substantially less than prime, ground-floor commercial space.
There is a reason why Aspen has an off-beat business like the Aspen Psychic, and why
there is a new affordable Mexican restaurant serving lunch and a business that will hem
pants, and it is because they're not located on prime, ground-floor commercial space.
Staffs recommendation is to increase existing incentives in the Growth Management
Quota System to encourage additional commercial space on second floors, alleys and
basement levels. The combination of lower mitigation requirements and lower lease rates
should make such spaces more attainable for locally-owned business to respond to local
needs. This approach also has the advantage of letting the market determine exactly what
kinds of uses are in demand by the community.
PUBLIC/PRIVATE PARTNERSHIPS
The recent example of the City working with multiple private sector partners to preserve
the use of the Isis Theatre indicates that similar partnerships could be successful in the
future.
As a matter of public policy, the City could state that if certain uses are threatened, the
City would be prepared to evaluate whether a public/private partnership is an appropriate
tool to use. For example, the City might adopt a policy that if a "Use of Historic and
Cultural Significance," and/or an "Essential Public Service" is threatened, the City could
evaluate whether an Isis-like partnership is appropriate. This might apply if the last
pharmacy in town were going to close, or some other use deemed essential by Council
18
were going to depart the area. On a case-by-case basis, the Council could determine
whether the City might enter into a financial arrangement with a business operator to
continue the use in question. No formal code amendment would be required to maintain
such a policy.
SUMMARY
The question ofregulating commercial mix is a challenging one. Staff is confident that it
has learned from existing examples of commercial mix regulation across the country,
while recognizing the unique circumstances in the City of Aspen to craft a customized
approach to concerns that have been expressed for many years.
While these proposals are certain to generate debate in the community, staff believes they
reflect a relatively moderate approach: Limiting uses that are over-saturating the
community, taking a prescriptive approach only to the unique area of the Pedestrian
Malls, and creating more opportunity for the free market to provide more local-serving
business space.
Table 7: Recommended Code Amendments for Commercial Mix
Quota Quota Performance Conditional Prohibition
Zonin Use
Retail: Jewelry Art Gallery: Retail Office
Exclusive Stores Artist in Retail: Exclusive
Designer residence Designer/Luxury
Luxury Brand required on- Brand
Merchandise site for 6 Merchandise
months of Jewelry Store
ear.
Commercial Commercial Commercial Pedestrian Pedestrian Mall
Core, Core, Core, Mall
Commercial I Commercial Commercial I
& Mixed Use I & Mixed & Mixed Use
Use
Exhibits:
Exhibit A: Voting Results: Core Beliefs, July 2006
Exhibit B: Information on regulations in other cities & towns
Exhibit C: Feedback from City Council; P&Z, March 2007
Exhibit D: Feedback from ACRA Board meeting, April 2007
Exhibit E: Feedback from Council, April 2007
19
Exhibit A
CORE BELIEFS RESULTS
CORE BELIEFS: Instant Keypad Voting Session
Results on the topic of "Commercial Mix": July 2006
44.) I believe the current mix of retail stores is too "high-end" and does not meet the
needs and interests of tourists.
Responses
Strongly
agree 35.22% 131
Agree 28.76% 107
Neutral 10.75% 40
Disagree 19.35% 72
Strongly
Disagree 5.91% 22
Totals 100% 372
45.) I think the high number of funky boutiques that Aspen used to have were part of the
unique charm that attracted tourists.
Strongly
agree
Agree
Neutral
Disagree
Strongly
Disagree
Responses
45.31%
27.34%
15.62%
6.77%
174
105
60
26
4.95%
19
Totals
100%
384
43.) As a resident, I'm concerned about the current mix of commercial retail and
restaurants downtown and how it serves m needs...
Responses
Strongly
agree 34.22% 128
Agree 25.13% 94
Neutral 22.19% 83
Disagree 11.50% 43
Strong Iy
disagree 6.95% 26
Totals 100% 374
46.) I believe government should have a role in helping preserve and maintain some
essential businesses that serve ear-round residents ...
Responses
Strongly agree
Agree
Neutral
Disagree
Strongly Disagree
120
118
38
64
40
380
31.58%
31.05%
10.00%
16.84%
10.53%'
100%
Totals
47.) Is the free-market creating too much high-end retail and not enough locally serving
businesses?
The mix of stores
and restaurants will
be what it will be, no
need for
government
intervention
Local government
should playa
modest role, such
as creating financial
incentives
Local govt. should
play an aggressive
role, exploring
everything from
zoning regulations
to buying property
loercentl Responses
(countl
26.91% 102
48.55% 184
24.54% 93
I Totals 100% 379
48.) If the city were to have some role in helping create/maintain the existence of locally
serving businesses I would like to see it ex lore...
Responses
Some form
of subsidies 11.16% 84
Rent control 17.26% 130
Tax breaks 18.33% 138
Zoning 20.58% 155
Buying buildings and leasing to
private businesses 9.96% 75
Special downtown business
improvement tax district 13.28% 100
I don't want to see any govt.
intervention 9.43% 71
Totals 100% 753
19.) Where is Aspen NOW on the scale of being a World Class Resort and / or a Healthy
Year Round Community?
We are a
resort first, a
community
second
A little more
resort than
community
It's a nice
balance
between the
two
A little more
community
than resort
We are a
community
first, a resort
second
Responses
(count)
29.58%
121
22.98%
94
30.81%
126
10.02%
41
Totals
6.60%
100%
27
409
20.) Where do you WANT Aspen to be on the scale of being a World Class Resort and I
or a Healthy Year Round Communi ?
A resort first,
a community
second
A little more
resort than
community
It's a nice
balance
between the
two
A little more
community
than resort
A community
first, a resort
second
Totals
Responses
4.26%
7.33%
45.86%
20.33%
22.22%
100%
423
18
31
194
86
94
Exhibit B
REGULATORY TOOLS: OTHER CITIES & TOWNS
Memo
To: Ben Gagnon, Special Projects Planner
City of Aspen Community Development Department
From:White & Smith, LLC
Date: April 6, 2007
Re: Survey on Formula Based Prohibitions and Regulations
Contents
Introduction .... ... ......... ... ........ ....... .... ..... ........ ...... .... ........ ... ...... .... ... ................... ........ ........ ........ .... 1
I. Arcata, CA .............................................................................................................2
II. Berkeley, CA..... .... .... ... ....... ...... ... ....... ..... ............ .... ... ................ ..... ... .......... ..... ..... 6
III. Calistoga, CA ........................................................................................................8
IV. Nantucket, MA .................................................................................................... 13
V. Port Townsend, WA............................................................................................. 16
VI. Portland, Maine................................................................................................... 23
VII. Sausalito, California ............................................................................................ 28
Introduction
You asked that we review formula based regulations in several jurisdictions
across the country. At your request, we looked at Arcata, Berkeley, Calistoga
and Sausalito California, Nantucket, Massachusetts, Port Townsend,
Washington and Portland, Maine. This preliminary memorandum sets forth
the following information for each jurisdiction: Location, population,
commercial mix regulations, the motivation for adoption thereof, ease of
difficulty in adoption, experience with implementation, and the actual code
language. In some cases, we have not reached city/town planners for in-
depth discussion.
I. Arcata, CA
Planner
Mike Mullen
(707) 822-5955
Location: California's redwood coast, approximately 760 miles north of Los
Angeles and 275 miles north of San Francisco.
Population: 16,551
Commercial Mix Reoulations: Quota for formula restaurants that limits the
number of formula restaurants in the city to no more than nine at anyone
time. (2002). A formula restaurant is defined as one that shares the same
design, menu, trademark, and other characteristics with twelve or more other
establishments. Arcata is divided into sub-regions/neighborhood centers,
and the cap of nine restaurants is divided into each sub-
region/neighborhood centers. See Section 2 of the ordinance, below.
Motivation for adoption: At the time of adoption, the community had nine
formula restaurants. If one closed, then the ordinance allowed for another
formula restaurant to take its place. They have a strong restaurant and
drinking sector.
Ease or difficulty of adoption: Staff generally characterized Arcata as a
progressive city. Adoption took 4-5 public hearings at the planning board,
and was later passed with a split vote of the council. So far, there have been
no challenges to the ordinance. Managers and owners of restaurant chains
in attendance at the first few public hearings expressed concern about the
formula, but they soon realized they would be inheriting a goldmine by
placing a cap or limit on the number of restaurants. Then they backed off
opposing the measure.
Experience with implementation: Working well. Wrapped it into the zoning
ordinance. For a new restaurant to come in, one has to leave. This has
occurred. Starbucks wanted to come in but and they backed off when they
learned about the formula. As a consequence, a local business was able to
set up a coffee shop and restaurant. No special forms are used to administer
the ordinance. Applications are processed normally. If a restaurant applies
for a permit. they check to see if one is available. Very simple administration.
Code Lanauaoe:
ORDINANCE NO. 1333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING
THE ARCATA MUNICIPAL CODE, TITLE IX, THE LAND USE AND DEVELOPMENT
GUIDE, TO DEFINE RESTAURANTS AND FORMULA RESTAURANTS AND TO LIMIT
THE CURRENT NUMBER OF FORMULA RESTAURANTS IN THE COMMERCIAL AND
INDUSTRIAL ZONE DISTRICTS OF THE CITY TO NINE (9) ESTABLISHMENTS.
The City Council of the City of Arcata does hereby ordain as follows:
SECTION 1. Amendment of Various Code Sections and the Appendix of the
Land Use and Development Guide.
The following amendments to Title IX are hereby adopted:
A. Add to the Definitions Section, Appendix A. "Restaurant" to read as follows:
Any retail establishment whose principal business is the sale of meals,
including food and beverage, which is eaten on or off the premises.
B. Add to the Definitions Section, Appendix A. "Restaurant, Formula" to read
as follows:
A retail establishment primarily devoted to the on-site preparation and
offering of food and beverage for sale to the public for consumption either
on or off the premises and which is required by contractual or other
arrangement to offer any of the following: standardized menus, ingredients,
food preparation, decor, uniforms, architecture, signs or similar standardized
features and which causes it to be substantially identical to more than eleven
(11) other restaurants regardless of ownership or location.
C. Modify Section 1-0216.1 Permitted Uses, (a) Commercial Uses to read as
follows:
Restaurants (except Formula Restaurants; no new stand alone, combined or
operated with another business unless an existing Formula Restaurant is
replaced.)
D. Modify Section 1-0217.1 Permitted Uses, (b) Commercial Uses to read as
follows:
Restaurants (except Formula Restaurants; no new stand alone, combined or
operated with another business unless an existing Formula Restaurant is
replaced.)
E. Modify Section 1-0218.1 Permitted Uses, (a) Commercial Uses to read as
follows:
Restaurants (except Formula Restaurants; no new stand alone, combined or
operated with another business unless an existing Formula Restaurant is
replaced.)
F. Modify Section 1-0219.2 Conditionally Permitted Uses, Reviewable by
Zoning Administrator,
(a) Commercial Uses to read as follows:
Restaurants/Bars (except Formula Restaurants; no new stand alone,
combined or operated with another business unless an existing Formula
Restaurant is replaced.)
Bus or Truck Terminals (except Formula Restaurant within a termina!.)
G. Modify Section 1-0220.1 Permitted Uses, (a) Commercial Uses to read as
follows:
Auto and Truck Service, Storage and Repair - includes tire recapping, body
and fender shops, spray painting, bus and truck terminals, etc. Does not
include wrecking yards or Formula Restaurants within a bus or truck termina!.
Section 2. Formula Restaurants Limitations
The number of Formula Restaurants in Arcata shall be limited to nine (9)
establishments from the date of the adoption of this ordinance. A new
Formula Restaurant shall only be allowed if it replaces an existing Formula
Restaurant in one of the following business districts: Janes Road [1]. Northtown
[1 j, Uniontown [2], and Valley West/Giuntoli Lane [5]. The allowed number of
Formula Restaurants per business district has been indicated in the brackets,
and replacement Formula Restaurants are allowed within the business district
boundaries as identified in Attachment 1. All other business districts, as
labeled in Attachment 1, shall not allow Formula Restaurants.
Section 3. Findings of Approval
Based on information received in the public hearing, including the staff report
and attachments, the following findings are hereby adopted.
1 . The proposed amendment is consistent with the General Plan in
accordance with the California Government Code, Section 65860.
2. The public health, safety, and general welfare require the adoption of the
proposed amendment.
Section 4. Exemption from CEQA
The amendments herein are hereby declared exempt from the California
Environmental Quality Act (CEQA) per Section 15061 (b) (3) of the CEQA
Guidelines. In this Section, CEQA exempts a project if it can be found with
certainty that the activity in question has no possibility to cause a significant
effect on the environment. This activity is covered by the general rule that
CEQA applies only to projects that have the potential for causing a
significant effect on the environment. The text amendments, through their
restrictive nature, do not promote significant new construction or growth
issues for the community. The ordinance language involves a limitation on the
number of existing formula restaurants which caps growth within that
specialized market area.
Section 5. Severability
If any court of competent jurisdiction invalidates any provision of this
ordinance, the remaining provisions shall not be affected and shall continue
in full force and effect.
Section 6. Limitation of Actions
Any action to challenge the validity or legality of any provision of this
ordinance on any grounds shall be brought by court action commenced
within ninety (90) days of the date of adoption of this ordinance.
Section 7. Effective Date
This ordinance shall take effect thirty (30) days after its adoption by the City
Council.
DATED: June 5, 2002
II. Berkeley, CA
Planning Department
2120 Milvia Street, Berkeley, CA 94704
TEL: (510) 981-7400
Left a general message- not able to speak to anyone specifically
Location: On the east shore of San Francisco Bay in northern California
Population: 102,743
Commercial Mix Reaulations: Quota for gift shops, jewelry stores, arts/crafts
stores+ salons, bookstores, clothing stores, banks, restaurants (full-service and
take-out), photocopy stores
Motivation for adoption: To maintain a scale and balance of retail goods
and services in the Elmwood Commercial District to compatibly serve the
everyday needs of surrounding neighborhoods
Ease or difficultv of adoption:
Experience with implementation:
Code Lanauaae: Berkeley LIMITS GIFT SHOPS, JEWELRY STORES, ARTS/CRAFTS
SHOPS, salons, bookstores, clothing stores, banks, restaurants (full-service and
take-out), photocopy stores:
The purposes of the Elmwood Commercial (C-E) Districts are to:
A. Implement the Master Plan's designation for a community commercial
district in this area.
B. To maintain a scale and balance of retail goods and services in the
district to compatibly serve the everyday needs of surrounding
neighborhoods by:
1. Providing locations for retail goods and service establishments to serve
surrounding neighborhoods;
2. Preventing development which exceeds the amount and intensity of
use that is compatible with adjacent residential neighborhoods;
3. Limiting the space occupied by businesses that generate high traffic
and/or parking demands;
4. Controlling the proliferation of establishments which, if not limited, might
expand to displace establishments needed to serve surrounding
neighborhoods; and
5. Permitting other uses which serve this objective.
C. To ensure that new buildings, alterations and additions to existing
buildings harmonize with their surroundings. (Ord. 6478-NS 9 4 (part), 1999)
A. The following table sets forth the Permits required for each listed item.
Each use or structure shall be subject to either a Zoning Certificate (Ze), an
Administrative Use Permit (AUP), a Use Permit approved after a public hearing
(UP(PH)) or is Prohibited.
Numerical Limitations i
1Art/Craft Shops, Gift/Novelty Shops,
!Jewelry/Watch Shops
:12 *
,Size (sa. [Type of Permit
lID I
i I
11,500 IZoning
I iCertificate
,
I ,
-iNo~;--:Zoning ------
Certificate
,Use
Number
I
'limit
I-
I
Barber/Beauty Shops, including Manicure :7
and other Personal Care
I ,
~--_._..._._---~---~-~~~--~------------ .--,-'-----_._-- ._--_._-~-------------_.._.-
IBookstores, Periodical Stands
4
12,000 Zoning
Certificate
,
r----~~~-_._.---..-.----.--.---------:__-------,
,Financial Services, Retail ** ,2 None
I
r-----.----- ,.-----.--'.'-.-.--.-----.-.-.--.
1None jZoning
i ,Certificate
I
[Clothing Stores:i~~ludingH;;t~-Shoe~-;;~d-l0-------
Accessories
,Use Permit
-"-"--~
:Food Service Establishments:
Carry Out Food Service 13 1,000 Use Permit
Quick Service Restaurants 7 1,000 Use Permit
Full Service Restaurants 17 None Use Permit
III. Calistoga, CA
Calistoga Planning and Building Department
1232 Washington street
Calistoga, CA 94515
Left a message
(707)942-2827
Eric Renquist, Assistant Planner
Location: 80 miles North of San Francisco in the Napa Valley
Population: 5,000
Commercial Mix Reaulations: Prohibits formula restaurants and lodges and
requires special permit for other formula businesses (1996).
Motivation for adoption: The city council concluded that regulating formula
businesses was necessary to preserve the unique character of Calistoga's
downtown commercial district, including "regulating the aspect of businesses.
. . that is reflective of the history and people of the community."
Ease or difficulty of adoption:
Experience with implementation:
Code Lanauaae: ORDINANCE NO. 519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALlSTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AMENDING ORDINANCE NO. 506 BY
AMENDING SECTIONS OF TITLE 17 OF THE CALlSTOGA MUNICIPAL CODE
DEFINING AND REGULATING FORMULA BUSINESSES INCLUDING FOOD
ESTABLlSHHMENTS, AND ADOPTING DEVELOPMENT STANDARDS APPROPRIATE
TO MAINTAIN THE HISTORIC, RURAL CHARACTER WITHIN CALlSTOGA.
The City Council of the City of Calistoga does hereby ordain as follows:
SECTION ONE:
The City Council of the City of Calistoga at a regular meeting considered as
one of its items of business, noticed in accordance with Government Code
Section 65090, this ordinance to be adopted in accordance with Code
Section 65850; and
WHEREAS, the City Council adopted an Urgency Ordinance (Ordinance
#507) on the 7th day of March, 1995, and further amended that ordinance
on the 4th day of April, 1995, (Ordinance 508), further amended that
Ordinance on the 18th day of April, 1995 (Ordinance #509) and subsequently
extended those ordinances which placed a moratorium on the
consideration of all applications for non-residential development within the
city until March 8, 1996 in accordance with Section 65858 of the Government
Code; and
WHEREAS, the City Council has now amended the City's General Plan Policy
and Program Document including policies pertaining to the quality of life
desired in Calistoga by maintaining a friendly, slow-paced, rural. small town
atmosphere and further detailing polices aimed at reinforcement of the
downtown as the commercial and cultural center of the community; and
WHEREAS, the City Council finds that these policies are necessary to preserve
the unique and historic character of Calistoga's downtown commercial
district, including regulating the aspect of businesses, services and
merchandise that is reflective of the history and people of the community
and which has become a cornerstone of the visitor industry which is a key
component in the City's economy; and
WHEREAS, the City Council further finds that certain formula business
establishments, e.g. formula food businesses do not reflect the unique
character of the community and the desired aesthetic ambience of the
commercial areas of the city in that they offer rushed, ready made meals
from formula menus identical to similarly decorated units located in other
communities and thus cannot contribute to the established uniqueness which
the Council finds necessary to maintain a viable visitor industry in Calistoga;
and
WHEREAS, the City Council further finds that the scale and design of
improvements of existing development is an important factor in the overall
aesthetic character of the community and that refinements in the City's
Zoning Ordinance are necessary to insure that new development is in scale
and in harmony with Calistoga; and
WHEREAS, the City Council has considered the importance of the pace of
change in the non-residential sector of the community in order to maintain
the character of Calistoga as well as the ongoing vitality and viability of the
existing historic downtown commercial district.
SECTION TWO:
That the Planning Commission has considered a proposed Negative
Declaration prepared in conjunction with the regulations contained herein,
together with comments received during the public review process. The
Planning Commission found on the basis of the initial study and the
comments received that there is no substantial evidence that the regulations
will have a significant effect on the environment and, therefore, the Planning
Commission approved the Negative Declaration.
SECTION THREE:
That the following amendments to Title 17 (Zoning Ordinance) are hereby
adopted:
1 . Add to the Definitions Section 17.04, 17.04.132 Business, Formula to read as
follows:
"Formula Business" shall mean a business which is required by contractual or
other arrangement to maintain any of the following: standardized services,
decor, uniforms, architecture, signs or other similar features. This shall include
but not be limited to retail sales and service, visitor accommodations,
wholesale and industrial operations.
2. Add to the Definitions Section 17.04, Section 17.04.616 Restaurant, Formula
to read as follows:
"Formula Restaurant" shall mean a restaurant devoted to the preparation
and offering of food and beverage for sale to the public for consumption
either on or off the premises and which is required by contractual or other
arrangement to offer any of the following: standardized menus, ingredients,
food preparation, decor, uniforms, architecture, or similar standardized
features.
3. Modify Section 17.22.020 Uses Allowed to read as follows:
B. Uses requiring use permits
12. Formula business operations of uses otherwise allowed in Section
17.22.020-A but not including formula restaurants or formula visitor
accommodations.
13. Structures, or multiple structures in a single development in excess of
20,000 square feet of gross floor area.
14. Parking lots, or multiple parking lots in a single development in excess of 50
parking spaces.
D. Prohibited Uses
1. Uses not specified in subsection A through C of this section are prohibited.
2. Formula restaurants.
3. Formula visitor accommodations.
4. Modify Section 17.22.040 Lot Area Reauirements to read as follows:
F. In the case of any development involving visitor accommodations, a
sufficient percentage of the net lot area shall be retained in landscaped
open space to reflect the nature and character of the surrounding
neighborhood. Walks, pools, patios and other similar areas may be
considered as part of the open space requirement. Parking areas shall not be
counted unless special paving, landscape or other design features are
incorporated.
5. Add Section 17.31.035 to 17 .31 VA Visitor Accommodations to read as
follows:
17.31 .035 Allowable Buildinq Bulk
A. In the case of any development involving visitor accommodations, a
sufficient percentage of the net lot area shall be retained In landscaped
open space to reflect the nature and character ot the surrounding
neighborhood. Walks, pools, patios and other similar areas may be
considered as part of the open space requirement. Parking areas shall not be
counted unless special paving, landscape or other design features are
incorporated.
6. Modify Section 17.36.090 Desiqn Requirements to read as follows:
L. Parking lots shall be surfaced with asphaltic concrete, concrete, building
stone, armour coating or equivalent materials approved by the Design
Review Board with recommendations from Staff. The Design Review Board
with recommendations from Staff may approve parking areas improved to
alternate standards including alternative paving surfaces, curbing and
striping techniques when a rural. overall design program is being considered
for the main land use, Handicapped parking areas shall maintain standards
as required by State law.
7. Modify Section 17.40.070 to read as follows:
17.40.070 Findinqs
A.1. That the proposed development, together with any provisions for its
design and improvement, is consistent with the General Plan, any applicable
specific plan and other applicable provisions of this Code including the
finding that the use as proposed is consistent with the historic, rural, small town
atmosphere of Calistoga.
SECTION FOUR:
If any section, or portion of this ordinance is for any reason held to be invalid
and or unconstitutional by a court or competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance.
SECTION FIVE:
This ordinance shall take effect thirty (30) days after its passage. Before
expiration of fifteen (15) days after its passage by the City Council, the City
Clerk shall cause to be published a summary of this ordinance in a
newspaper of general circulation within the City of Calistoga.
ADOPTED AND APPROVED this 6th day of February, 1996, by the following
vote:
AYES: Councilmembers Bryne, Dunsford, Oliver, Fundy and Mayor Oyarzo.
NOES: None
ABSENT /ABSTAIN: None
Patt Osborne, City Clerk
LaVerne Oyarzo, Mayor
IV. Nantucket, MA
Planning Department
2 Fairgrounds Road
Nantucket, MA 02554
Left a message with Planning Director
Planning Director
Andrew Vorce
508-228-7233
Location: Nantucket is an island 30 miles south of Cape Cod, Massachusetts.
Together with the small islands of Tuckernuck and Muskeget, it constitutes the
town of Nantucket.
Population: 9,520
Cornmercial Mix Reaulations: Prohibits formula businesses from downtown
Nantucket. The ordinance bars any new chains with more than 14 outlets
that have standardized menus, trademarks, uniforms or other homogeneous
decor frorn opening in the downtown district. The ban does not affect gas
stations, grocery stores, banks and other service providers.(2006).
Motivation for adoption:
Ease or difficulty of adoption:
Experience with implementation:
Code Lanauaae:
ARTICLE 42 (Zoning Bylaw Amendment: Forrnula Business Overlay District)
Part 1: To see if the Town will vote to amend the zoning bylaw as follows:
Amend 139-2 Definitions and Word Usage by adding:
Formula Business -- A type of retail sales establishment, restaurant, tavern, bar,
or take-out food establishment which along with 14 or more other
establishments maintains two or more of the following features:
(1) Standardized menu or standardized array of merchandise with 50% or
more of in-stock merchandise from a single distributor bearing uniform
markings.
(2) Trademark or service mark, defined as a word, phrase, symbol or design,
or a combination or words, phrases, symbols or designs that identifies and
distinguishes the source of the goods from one party from those of others, on
products or as part of store design.
(3) Standardized interior decor including but not limited to style of furniture,
wall-coverings or permanent fixtures.
(4) Standardized color scheme used throughout the interior or exterior of the
establishment.
(5) Standardized uniform including but not limited to aprons, pants, shirts,
smocks or dresses, hat. and pins (other than name tags).
Amend 139-3E Districts Enumerated by adding:
Formula Business Overlay District (FBOD)
Amend 139-9 A. 1 as follows:
Retail sales, including on premises light manufacturing or fabrication clearly
ancillary to the retail sales, except for Formula Business within the FBOD.
,
Amend 139-9 A. 4 as follows:
Restaurants, except for Formula Business within the FBOD.
Amend 139-10 B. 2 as follows:
Retail sales and personal services, except for Formula Business within the
FBOD.
Amend 139-10 B. 4 as follows:
Restaurants, hotels, motels and inns, except for Formula Business within the
FBOD.
Add 139-12H in Overlay Districts by adding:
H. Formula Business Overlay District (FBOD)
Statement of purpose. The purpose and intent of the Formula Business
Overlay District (FBOD) is to address the adverse impact of nationwide,
standardized businesses on Nantucket's historic downtown area. The
proliferation of formula businesses will have a negative impact on the island's
economy, historical relevance, and unique character. These uses are
therefore prohibited in order to maintain a unique retail and dining
experience. Formula businesses frustrate this goal by detracting from the
overall historic island experience and threatening its tourist economy.
Part 2: And to amend the bylaws of the Town of Nantucket to allow for an
administrative review process for retail licensing.
v. Port Townsend, WA
360) 379-5084
Senior Planner -- Judy Surber
Spoke Judy Surber -- she was not the planner when this was adopted and he
is longer with the city. She referred me to the City Planner, Rick Sepler, who is
out until Monday, April 9th, 2007 or current planner, John McDonough. One of
them will call back.
Rick Sepler 360-379-5081
Left a message
Location: Port Townsend is roughly 1.5 - 2 hours from Seattle, on the
northeast corner of the Olympic Peninsula, in Washington State.
Population: 8,334
Commercial Mix Reaulations: Prohibits formula retail stores and restaurants
from historic town center (2005) and restricts them to a single commercial
zone along the main road into town.
Motivation for adoption: The original impetus for the formula store prohibition
was to affect Hollywood Video's plans to open an outlet store next door to a
locally owned, independent video store in town.
Ease or difficulty of adoption:
. Experience with implementation:
Code Lanauaqe: Ordinance No. 2896
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT
TOWNSEND MUNICIPAL CODE ADDING CHAPTER 17.05, DEFINING AND
REGULATING FORMULA RETAIL ESTABLISHMENTS TO TITLE 17, ZONING
WHEREAS, Port Townsend is a Victorian Seaport that harbors a National
Historic District and a wealth of superb Victorian era Homes recognized on
the National Historic Register: and
WHEREAS, Port Townsend is a community with a very special environment,
both natural and man-made and the qualities of both must be respected so
that the uniqueness of Port Townsend can flourish without inappropriate
changes; and
WHEREAS, Port Townsend is a vital and active City that retains a small town
atmosphere and a strong sense of community; and
WHEREAS, Port Townsend is both a destination resort town and a residential
village, and the creation of a desirable living, working, and business
environment that is responsive to residents will automatically provide
destination of interest to visitors; and
WHEREAS, as stated in the Comprehensive Plan at p.147: "[E]conomic
development in Port Townsend should balance economic vitality with
stability, environmental protection, and preservation of our small town
atmosphere," and" The responsibility of local government is to assure that
economic development activities are carried out in a manner that is
consistent with defined community and environmental values;" and
WHEREAS, one of the major emphases of the Comprehensive Plan is to
address the "jobs/housing imbalance" in Port Townsend; and
WHEREAS, the City's Comprehensive Development Plan at p.14 " . . . contains
an economic development strategy that is designed to encourage
businesses which provide 'family wage' jobs: Jobs that pay a wage or salary
which allows an individual or family to purchase a home, feed and clothe a
family, pay for medical care, take a vacation, save for retirement, and send
the kids to college." p.174.]; and
WHEREAS, Goal 4 of the Diversified Manufacturing & Small Business
component of the Economic Development Element of the Comprehensive
Plan at p. 150 calls for the City: "To support current commercial and
manufacturing enterprises, and encourage the formation of small businesses
and relocation to Port Townsend of small scale locally managed businesses
as a vital part of Port Townsend's economy" by "[e]ncourag[ing] the
formation and expansion of cottage industries and light manufacturing" and
" the development of a diversity of local businesses which serve the needs of
residents and visitors;" and
WHEREAS, Goal 5 of the Community Retail component of the Economic
Development Element of the Comprehensive Plan at p. 151 calls for the City
to "To enhance and attract small and medium sized retail businesses which
serve the community's needs for goods and services;" and
WHEREAS, the addition of formula retail businesses in the commercial areas, if
not monitored and regulated could serve to frustrate the Comprehensive
Development Plan goal of a diverse retail base with a unique retailing
personality comprised of a mix of businesses ranging from small to medium to
large and from local to regional to national; and
WHEREAS, the Historic Commercial District is a special and unique asset within
the City, which could be impacted by the presence of formula
establishments that are out of harmony with the Historic District and which do
not contribute to the City's small town atmosphere; and
WHEREAS, in light of the foregoing considerations, the City Council has
determined that the public welfare of the City's residential. retail, business
and tourist based community, as articulated by the principles upon which the
Comprehensive Development Plan is premised, will be best served and
advanced by adopting interim regulations monitoring, regulating and
restricting the establishment of formula retail stores to the C-II commercial
zone; and
WHEREAS, the City needs time to consider properly and carefully the
potential effects of formula stores on the City's comprehensive plan and
zoning code, and other development regulations; and
WHEREAS, the City Council finds it is appropriate to preserve the status quo
and to prevent the vesting of any new applications for development or land
use approvals that are or may be inconsistent with the City's comprehensive
plan, pending review of City codes to make sure that regulations are in place
that are consistent with the comprehensive plan; and
WHEREAS, RCW 35A.63.220 relating to Code cities like Port Townsend and
36.70A.390, a section of the Growth Management Act (Ch. 36.70), authorize
the City to adopt interim regulations to preserve the status quo while new
plans or regulations are considered and prepared; and
WHEREAS, there are no new or pending applications that would be affected
by this ordinance,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Chapter 17, Zoning, of the Port Townsend Municipal Code is
hereby amended to add a new Section 17.05, Formula Retail and Formula
Restaurants, and shall read as follows:
Section 17.05, Formula Retail and Formula Restaurants
These regulations apply in addition to the regulations set forth elsewhere in
Title 17. Where there is a conflict in regulations in this Chapter and other
Chapters of Title 17, the provisions of this Chapter shall apply.
1 . Definitions:
A. "Formula Retail" means a type of retail sales activity or retail sales
establishment, including restaurant which, along with ten or more other retail
sales establishments, maintains two or more of the following features: a
standardized array of merchandise, a standardized fa<;:ade, a standardized
decor and color scheme, a uniform apparel, standardized signage, a
trademark or service mark.
(1) Standardized array of merchandise shall be defined as 50% or more of in-
stock merchandise from a single distributor bearing uniform markings.
(2) Trademark shall be defined as a word, phrase, symbol or design, or a
combination or words, phrases, symbols or designs that identifies and
distinguishes the source of the goods from one party from those of others.
(3) Servicemark shall be defined as word, phrase, symbol or design, or a
combination or words, phrases, symbols or designs that identifies and
distinguishes the source of a service from one party from those of others.
(4) Decor shall be defined as the style of interior finishings, which may include
but is not limited to, style of furniture, wallcoverings or permanent fixtures.
(5) Color Scheme shall be defined as selection of colors used throughout,
such as on the furnishings, permanent fixtures, and wallcoverings, or as used
on the fac;:ade.
(6) Fac;:ade shall be defined as the face or front of a building, including
awnings, looking onto a street or an open space.
(7) Uniform Apparel shall be defined as standardized items of clothing
including but not limited to standardized aprons, pants, shirts, smocks or
dresses, hat, and pins (other than name tags) as well as standardized colors
of clothing.
(8) Signage shall be defined as business sign pursuant to Section 602.3 of the
Planning Code.
(9) "Standardized" does not mean identical, but means "substantially the
same."
B. Full service restaurant
"Full service restaurant" means any establishment wherein food is regularly
prepared for and to customers primarily for consumption on the premises and
whose design or operation includes three or more of the following
characteristics:
(1) The establishment is not specifically designed to accommodate high
customer volume.
(2) Facilities, such as tables, seats and benches, for on-premises consumption
of food are provided and are sufficient for the volume of food sold and
customers services.
(3) Customers predominately order and receive food while seated in tables
on the premises
(4) Food is paid for after consumption on site.
(5) Food is not typically packaged for transport off-site.
2. The purpose of the standards in the Formula Retail chapter is to regulate
the location and operation of formula retail establishments in order to
maintain the City's unique Victorian Seaport and surrounding rural character,
the diversity and vitality of the community's commercial districts, and the
quality of life of Port Townsend residents.
3. The following regulations shall apply to all formula retail establishments and
shall be used by all city departments and commissions in reviewing an
application or amendment for a business license, a building permit
application, a conditional use permit, an application for occupancy or a
design review concerning all formula retail establishments
A. A formula retail establishment may be located only in the C-II General
Commercial District.
B. A formula retail establishment (except for grocery stores, banks, saving and
loans, full service restaurants and theaters) shall not have a street level
frontage of greater than 50 linear feet on any street or have its retail space
occupy more than two stories.
C. A formula retail establishment may not exceed 3,000 sqiJare feet.
4. Formula restaurants: the number, location and operation of formula
restaurants shall be regulated in order to maintain the City's unique
character, the vitality of the C-II commercial district, and the quality of life of
Port Townsend residents.
5. Formula restaurants shall fully comply with regulations pertaining to formula
retail establishments as well as the additional regulations that follow.
6. The regulations in this section shall be used by all city departments and
advisory bodies in reviewing an application or amendment for a business
license, a building permit application, a conditional use permit, an
application tor occupancy or a design review concerning a formula
restaurant.
A. A formula restaurant may only be established on a site after obtaining a
conditional use permit from the city for the operation of that use on said site.
Similarly, a formula restaurant may only relocate or physically expand in a
manner to increase its seating capacity after obtaining a conditional use
permit.
B. Change of ownership shall not, by itself, require obtaining a conditional use
permit.
C. An existing formula restaurant may only be physically expanded in a
manner to increase seating capacity:
D. Establishment or Relocation. A formula restaurant may only be established
or relocated:
1. On a site that is not located on a street corner except such a restaurant
may be located on a street corner where the immediate prior use was a
formula restaurant
2. Where it would not result in two or more formula retail establishments of any
type operating on a parcel. lot or tract on which all or a portion of a building
is located (Le., two or more formula retail business entities requiring separate
business licenses, or displaying in a manner visible from public property
separate business trademarks, logos, service marks or other mutually
identitying names or symbols, for the daily or weekly conducting of business
on the same site).
3. Any formula restaurant may not exceed 3000 square feet and must be in a
building that is shared with at least one other business that is not a formula
retail establishment of any type. No drive-through facilities are allowed.
4. Establishing or relocating the formula restaurant will not increase the
intensity of use on the site to a level that will adversely impact land uses in the
area, pedestrian or motor vehicle traffic or the public welfare.
7. In the event an applicant for any business license, a building permit
application, a conditional use permit, an application for occupancy or a
design review concerning a formula retail establishment believes that, due to
extraordinary circumstances and unique attributes of the site, it is
impracticable or impossible to comply with the provisions of this ordinance,
the applicant may apply for a variance. The variance application shall be
processed according to the procedures for Type III land use decisions
established in Chapter 20.01 PTMC, Land Development Administrative
Procedures.
SECTION 2. Exemption. This ordinance shall not apply to vested permit
applications.
SECTION 3. Public Hearing on Ordinance. Pursuant to RCW 36.70A.390, the
City County shall hold a public hearing on this ordinance within 60 days of the
passage of this ordinance. At or immediately after the public hearing, the
City Council shall adopt findings of fact on the subject of these interim
regulations either justifying their continued effect, or cancel the regulations, or
take other appropriate action
SECTION 4. Severability. If any sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase or work of
this ordinance.
SECTION 5. Effective Date. This Ordinance shall take effect immediately
after passage if adopted by a majority plus one of the City Council.
Otherwise this ordinance shall take effect and be in force five days after the
date of its publication in the manner provided by law. Publication of this
ordinance shall be by summary thereof consisting of the title.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this _ day of , 2005.
Catharine Robinson, Mayor
Attest: Pamela Kolacy, CMC, City Clerk
Approved as to Form: John P. Watts, City Attorney
VI. Portland, Maine
Lee Urban, Executive Director
Planning Division
389 Congress Street 14th Floor
Portland, Maine 04101
207-874-8719
Location: Cumberland County; south coast region
Population: 63,882 residents; tourism increases population in summer
Commercial Mix Requlations: Adopted quota for formula retail in downtown
district 2006; recently repealed.
Motivation for adoption: When a Hooters applied to open a franchise in
Portland's historic downtown district, a public outcry resulted in the adoption
of a quota on formula retail stores in the downtown district in 2006.
Ease or difficulty of adoption: Motivation was strong and carried the
adoption, due to the contrast of this particular use with the historic downtown
district. However, opposition grew after adoption and the ban was repealed.
Instead, the City Council established a Task Force on Business Diversity with
the goal of conducting research on other cities in the country and aiming for
a balance of local and national businesses.
Experience with implementation: Approximately one month after adoption,
two City Councilors stepped down and two new councilors put forward a
proposal to repeal the quota and establish a Task Force on Business Diversity.
Code Lanquaqe: [REPEALED: DIVISION 19.7. FORMULA BUSINESSES]
Sec. 14-330.1. Purpose.
The purpose and intent of this Division is to regulate the number and location
of formula businesses in order to maintain the City's unique character, the
diversity and vitality of the City's commercial districts, and the quality of life of
Portland residents. It is presumed that establishing or preserving an
appropriate and balanced mix of businesses will more effectively serve to
achieve this purpose as a strategy to maintain the economic health of the
community's business districts and their eclectic ambiance.
Sec. 14-330.2. Definitions.
a. Formula Business Overlay Zone. For the purposes of this section, the
"Formula Business Overlay Zone" includes the following zones within the
Portland peninsula as shown on the attached Formula Business Overlay Zone
and Extended PAD Overlay Zone map: B-3, B-3b and B-3c Downtown
Business Zones; B-S Urban Commercial Mixed Use Zone; B-6 Eastern Waterfront
Mixed Zone; and B-7 Mixed Development District Zone.
b. Extended PAD Overlay Zone. For the purposes of this section, the
"Extended PAD Overlay Zone," as delineated on the attached Formula
Business Overlay Zone and Extended PAD Overlay Zone map, includes all
streets within and including the
following boundaries: Congress street, from Longfellow Square to Pearl Street;
Pearl Street. from Congress Street to Comrnercial Street; Commercial Street,
from -ranklin Arterial to Maple Street; Maple Street, from Commercial Street
to Danforth Street; Danforth Street, from Maple Street to Center Street; Center
Street. from Danforth Street to Free Street; and Free Street. from Center Street
to Congress Street. The Extended PAD Overlay Zone also includes: High Street.
from Congress Street to a point halfway between Congress and Deering
Streets; and Forest Avenue, Oak Street. Casco Street, Brown Street and Preble
Street, to Shepley Street or a point even with Shepley Street.
c. Formula Business. For the purposes of this section,
"Formula Business" means:
(1) If it is located in the Formula Business Overlay Zone, a restaurant or retail
establishment, other than those exempted under this subsection, that stands
alone as a principal use or with another use as an accessory use, and which
is required by contractual or other arrangernents to maintain anyone or
more of the following standardized features, which causes it to be
substantially identical to 30 or more other businesses located within the United
States, regardless of the ownership of those businesses: name; if food is
served, menu, ingredients, uniforms; trademark; logo; symbol; architectural
design; signage; color scheme; or any other similar standardized features.
(2) If it is located in the Extended PAD Overlay Zone, a restaurant or retail
establishment, other than those exempted under this subsection, that stands
alone as a principal use or with another use as an accessory use, and which
is required by contractual or other arrangements to maintain anyone or
more of the following standardized features, which causes it to be
substantially identical to 10 or more other businesses located within the United
States, regardless of the ownership of those businesses: narne; if food is
served, menu, ingredients, food relocating formula business in the Formula
Business Overlay Zone.
Sec. 14-330.4. Restrictions on formula businesses in Extended PAD Overlay
Zone.
a. Limit on number of formula businesses. A formula business that is a
permitted or conditional use in the underlying zone may be established or
relocated in the Extended
PAD Overlay Zone only if its establishment or relocation would not result in a
total of more than twenty-three (23) formula businesses operating within the
Extended PAD Overlay Zone.
b. Space and frontage. A formula business that is a restaurant and is located
within the Extended PAD Overlay Zone may not contain more than 2,000
square feet of service area, and may not have more than 50 feet of street
level frontage. A formula business that is not a restaurant and is located within
the Extended PAD Overlay Zone may not occupy more than 1,500 square
feet of selling area, and may not have more than 50 feet of street level
frontage.
c. Dispersion. A formula business located within the Extended PAD Overlay
Zone may not be located within 200 feet of another formula business, as
measured along sidewalks from the main entrance of each. In addition, a
formula business that holds a liquor license and is located within the Extended
PAD Overlay Zone may not be located within 150 feet of another business
that holds a liquor license, as measured along sidewalks from the main
entrance of each.
d. Signs. In addition to any other requirements and limitations on signage in
this chapter, a formula business located within the Extended PAD Overlay
Zone may not have any
standard internally-illuminated signs, such as box-type signs or signs with
internally-illuminated lettering, below the fifth story of a building. Halo-lit signs
and dye-cut metal sign panels that illuminate individual letters and symbols
are permitted. Additionally, the City's Planning Division may require a formula
business to reinterpret standard corporate
sign age, including but not limited to use of alternative materials or lighting
solutions, and adjustments to the scale of trademark logos and graphics.
e. Exemption. A formula business located in the Extended PAD Overlay Zone
on or before November 19, 2006 is not subject to the requirements of this
section. Such a business is considered a formula business for the purpose of
calculating preparation or presentation format; decor; employee uniforms;
trademark; logo; symbol; architectural design; signage; color scheme; or any
other similar standardized features. "Formula business" does not include:
grocery stores; drug stores and pharmacies; convenience stores; hardware
stores; gas stations; and businesses primarily providing services rather
than goods for sale, including but not limited to banks and credit unions,
movie theaters, entertainment and recreation services, mailing services and
vehicle and equipment rental.
Sec. 14-330.3. Restrictions on formula businesses in Formula Business Overlay
Zone.
a. Space. A formula business that is a restaurant and is located within the
Formula Business Overlay Zone may not contain more than 3,000 square feet
of service area. A formula business that is not a restaurant and is located
within the Formula Business Overlay Zone may not contain more than 4,000
square feet of selling area.
b. Dispersion. A formula business located within the Formula Business Overlay
Zone may not be located within 400 feet of another formula business, as
measured along sidewalks from the main entrance of each. In addition, a
formula business that
holds a liquor license and is located within the Formula Business Overlay Zone
may not be located within 150 feet of another business that holds a liquor
license, as measured along sidewalks from the main entrance of each.
c. Signs. In addition to any other requirements and limitations on signage in
this chapter, a formula business located within the Formula Business Overlay
Zone may not have any standard internally-illuminated signs, such as box-
type signs or signs with internally-illuminated lettering, below the fifth story of a
building. Halo-lit signs and dye-cut metal
sign panels that illuminate individual letters and symbols are permitted.
Additionally, the City's Planning Division may require a formula business to
reinterpret standard corporate
signage, including but not limited to use of alternative materials or lighting
solutions, and adjustments to the scale of trademark logos and graphics.
d. Exemption. A formula business located in the Formula Business Overlay
Zone on or before November 19, 2006 is not subject to the requirements of
this section. Such a business is considered a formula business for the purpose
of calculating dispersion requirements under subsection (b) for a new or
dispersion requirements under subsection (c) for a new or relocating formula
business in the Extended PAD Overlay Zone.
Sec. 14-330.5. Separate Business Entities.
Where !WO or more formula businesses operate on one site, and where each
business entity requires a separate business license, or displays in a manner
visible from public property separate business trademarks, logos, service
marks or other mutually identifying names or symbols, each business entity
shall be counted as a separate formula business for the purpose of this
Division.
AND BE IT FURTHER ORDERED, that if enacted by the Council, the restrictions in
this article shall apply from November 19, 2006.
(Order 142-06/07 passed on 2/21/07 repealed Division 19.7.(Formula
Businesses) Sections 14-330.1 .-14-330.5. in its entirety and established a task
force on business diversity to develop a strategy for preserving and
enhancing the economic health of Portland's downtown business district
related to its unique character, business diversity, economic vitality, and
quality of life. As part of its charge, the Task Force shall undertake the
following actions: 1 . Study and report on the strengths and challenges of
various regulatory tools used in other municipalities to maintain business
diversity, including community impact review; formula business restrictions;
local purchasing preferences; site plan review standards; Tax Increment
Financing; and District Improvement Financing. 3. Consider the potential
economic impact of the various regulatory tools noted in paragraph 1 on the
downtown business district, including but not limited to consideration of
measured impacts of the Formula Business Ordinance adopted in November
of 2006; development patterns in and surrounding the downtown business
district; review of lease rates and real estate values within the downtown
business zone; and a review of openings and closings of establishments within
the zone in the recent past. 4. Upon completion of its review, the Task Force
will prepare a report summarizing its research and findings, including any
recommendations needed to maintain the economic health of Portland's
downtown business district. Such report shall be submitted to the Council and
Planning Board for review and consideration, The Task Force shall consist of 15
individuals appointed by the Mayor representing the following groups:
Portland City Council: Two City Councilors who shall be Co-chairs. One
representative nominated by the Portland Community Chamber of
Commerce. One representative nominated by the Bayside Community
Development Corporation. One District Three resident. One District Five
resident. )
VII. Sausalito, California
420 Litho Street
Sausalito, CA 94965
PHONE: (415) 289-4100
Left a general message - not able to reach anyone specifically
Location: Marin County; just north of San Francisco
Population: 7,500 residents
Commercial Mix Reaulations: Conditional Use Review for formula retail
Motivation for adoption:
Ease or difficulty of adoption:
Experience with implementation:
Code Lanauaae: 10.44.240 Formula Retail
A. Purpose. The purpose of the standards in this Section regulate the location
and operation of formula retail establishments in order to maintain the City's
unique village character, the diversity and economic vitality of the
community's commercial districts, and the quality of life of Sausalito residents.
The City has determined that preserving unique architecture, signage,
graphic and other design elements so that the City maintains a distinctive
visual appearance and small-scale eclectic ambiance will promote the long-
term viability of the community's businesses districts. The City has also
determined that preserving a balanced mix of local, regional, and national-
based businesses and small and medium sized businesses will maintain and
promote the long-term economic health of visitor-serving businesses and the
community as a whole. It is therefore the intention of the City that an over-
concentration of formula retail businesses not be allowed, that all permitted
formula retail establishments shall create a unique visual appearance that
reflect and/or complement the distinctive and unique historical character of
Sausalito, and that no such establishment shall project a visual appearance
that is homogenous with its establishments in other communities.
8. Applicability. "Formula Retail" means a type of retail sales activity or retail
sales establishment, including food service, which is required to maintain any
of the following: standardized ("formula") array of services and/or
merchandise, trademark, logo, service mark, symbol, sign, decor,
architecture, layout. uniform, or similar standardized feature.
C. Conditional Use Permit Required. A Conditional Use Permit shall be
required for any Formula Retail establishment in the City.
1 . A Formula Retail Establishment may be allowed only in the Central
Commercial, Shopping Center and Neighborhood Commercial District and
only with a Conditional Use Permit;
2. The expansion of any existing Formula Retail establishment shall require a
Conditional Use Permit if the establishment does not already have a
Conditional Use Permit.
3. The cumulative expansion of a permitted Formula Retail establishment by
500 or more square feet of floor area shall require a Conditional Use Permit
amendment; and
4. A Formula Retail establishment shall fully comply with all applicable
regulations of this Code including Design Review.
D. Required Findings for Approval. In addition to all of the findings required by
Section 10.60.070, all of the following findings must be made prior to the
issuance of a Conditional Use Permit for a Formula Retail establishment:
1 . The Formula Retail establishment will be compatible with existing
surrounding uses, and has been designed and will be operated in a non-
obtrusive manner to preserve the community's distinctive character and
ambiance;
2. The Formula Retail establishment will not result in an over-concentration of
formula retail establishments in its immediate vicinity or the City as a whole:
3. The Formula Retail establishment will promote diversity and variety to assure
a balanced mix of commercial uses available to serve both resident and
visitor populations;
4. The Formula Retail establishment will contribute to an appropriate balance
of local, regional or national-based businesses in the community;
5. The Formula Retail establishment will be mutually beneficial to and would
enhance the economic health of surrounding uses in the district;
6. The Formula Retail establishment will contribute to an appropriate balance
of small, medium and large-sized businesses in the community, and
7. The proposed use, together with its design and improvement, is consistent
with the unique historic character of Sausalito, and would preserve the
distinctive visual appearance and shopping experience of Sausalito for its
residents and visitors.
Exhibit C
COUNCIL AND P&Z FEEDBACK: COMMERCIAL MIX
City Council and P&Z Feedback on Commercial Mix:
Work Session March 6.2007
Torre: Looking for vibrancy, interactive community spaces. There is a loss of vitality at
night. Like to see combinations of commercial uses, such as retail and cafe. Preserving
interior historic features will help connect past and future.
Jasmine TV2re: Many street-level restaurants and bars have been driven out and are now
very limited, creating dead spots in the downtown.
J.E. DiviIbiss: We're as close to Brigadoon as we can get. I like: kids playing music,
Zele, Paradise Bakery, Main Street Bakery, the 'Stube and Carl's because they know me,
the Miners Building, the Red Onion, the Hickory House, Little Ollies, the Ute City Bank
building, the Independence Building, the Wheeler, the Elks building, the place I can get
meatloaf on Mondays, getting my drawers mended above the Butcher Block, Wagner
Park, the fountain, the size of the community, the off-season when everyone clears out
and there's still us. I don't like: Real estate offices, high-end and more high-end, I don't
want to surrender to free market forces, I won't roll over and play dead.
Jack Johnson: Don't like pretentiousness and exclusivity. Would like to see incentives
that favor modestly, locally-minded, locally serving and locally-owned business and not
the anonymity of chains. The mix of commercial uses has been identified as a serious
issue for many years and it needs to be tackled even if they are only limited gestures. In
last year's Core Beliefs session, rent control was favored over subsidies. I don't favor
rent control or buying buildings. I'd like to see a commercial inventory and I'd like to see
price categories.
Helen Klanderud: I'd like to see a cautious approach: What is the issue we are trying to
fix. The biggest challenge is affordability; some ofthe symptoms are stores like Prada,
Gucci, Dior. People feel that Aspen isn't affordable. WE can't and won't compete with
discount stores, and some of the catalog shopping offers the funky merchandise the we
used to have. I loved JE's list. This is a magical place and I'm worried when government
tries to regulate magic. Trends in commercial come and go. Aspen was a prototype that
was copied by corporations who then tried to design base villages. I like our zoning with
regard to small sizes of stores and limited signage.
Steve Skadron (P&Z): Uses that promote vitality, connecting past and future.
Elizabeth Atkins (P&Z): Liked uniqueness of the I 970s, don't think those kinds of
shops can survive now. Like to see diverse products. Franchise shops have a right to be
here.
David Guthrie (P&Z): I miss places like Andres. There is a high barrier to entry for
business today but I understand that. Like the idea of Neighborhood Commercial or
Community Commercial. If there's a need, there'll be a store. I could see a City loan
fund, but the City shouldn't buy businesses.
Exhibit D
ACRA FEEDBACK: COMMERCIAL MIX
ACRA Feedback on Commercial Mix:
ACRA Board Meeting: April 24, 2007
The following Is a summary of feedback heard at the ACRA Board meeting on 4/24/07:
Several attendees asked staff to establish a connection between the Aspen Retail Analysis (Frick
& Beers report) and the current proposals. Some stated that the Frick & Beers report would not
support the current proposals.
A suggestion to make City Hall into a vertical retail center ("City Mall") where locally-owned and
locally-serving businesses could locate.
A concern that landlords might respond to these kinds of regulations by leaving retail space
vacant, noting that local landlords have done this in the past, and are willing and able to wait for
the lease rate they are looking for.
A concern that we have not heard a clear articulation of the problem. We're a vibrant unique
downtown and have never had these types of regulations. Would like to hear the problem that
other cities perceived and whether regulations addressed them.
Regarding pedestrian Mall proposal, the area east of the mall, from Galena-Hunter is a vital area
with only one restaurant.
Shopping centers regulate mix carefully. Resort planners that aiso operate this way. So the
private sector Intentionally mixes uses when a site is under one ownership. Is there an advantage
to this?
The mix in Aspen is unique and much better than a purpose-built mall.
If you regulate, you are regulating freedom and ideas for people's businesses.
The prohibition on offices on the first floor was a good idea. Why not extend the Commercial Core
Into the C-1 district and also prohibit offices on the 1 sl floor in C-1.
We're fortunate not to have restaurant chains. If we look to make the malls into restaurant row,
we might get unintended consequence of chains.
If owners can charge less rent it may de-stabilize their portfolio. Alley stores make sense but you
have to make sure not to displace existing functions there. "City Mall" should be looked at.
I'm torn. I don't want to over-regulate, but look at the level of rents - It limits locally-owned
businesses. Standing back is not the answer but neither Is over-regulating.
I don't want a programmed shopping mall concept but I do have some concerns about the retail
trend. I favor incentives over regulation.
Like idea of stores in alleys. Have a concern about single-brand designer/luxury stores.
How do you differentiate the luxury brand stores from stores like Billabong and Hansen? Prada
has sportswear. It's a slippery slope.
I've seen new locally-owned stores opening up such as Bandana Kids, B' Jewel.
Exhibit E
COUNCIL FEEDBACK: COMMERCIAL MIX
City Council Feedback on Commercial Mix:
Council Meeting: April 16, 2007
The following is a summary of feedback heard at the City Council meeting on
4/16/07, after a briefing on staff proposals for commercial mix regulations:
Mayor Klanderud: Regarding the AQCRA Summer Survey and affordable retail
options, we will never have large discount stores. People shop downvalley for
that. People shop on the Internet for the kinds of funky things Aspen used to
have. Concerned that if you require art galleries to have artists in residence, they
could not afford to do that.
J.E. DeVilbiss: The town of Coronado kept their formula retail near the dock
area and not downtown. I'm sure willing to pursue this kind of thing. Others have
done it. It's not unheard of. Aspen is unique and requires ingenuity.
Torre: I'm concerned about property rights but I am interested in a balance of
commercial uses. I'd like to hear more information from other towns, and
continue the public discussion of this. Like to get a definition of "Performance
Zoning."
Jack Johnson: I'm glad to see we're pursuing action items from the 2000 AACP.
There is a sales tax rationale for regulating commercial mix, as there was in
Carmel. The normal business model doesn't work in this town. We have low
vitality and single-brand stores can contribute to that.
Jasmine Tygre: The thoughtfulness of the memo is commendable. I thine we're
on the right track, largely because there probably isn't any better way. It's not
ideal but it's an excellent approach. I don't want to look like Anywhere, USA. I
miss the uniqueness of the retail we had, and am not sure how to get a handle
on high lease rates. This is the right track and we should pursue it.
ASPEN SATURDAY MARKET MANAGER/ASSISTANT MANAGER JOB
DESCRIPTION
Friday night make sure city hall is locked at 6:00 so the bathrooms are not used by the
public.
I. Set up spread sheet for all artisans and agriculture vendors. Makes sure all
vendors have a valid City of Aspen Business license and Colo. Sales tax license.
2. Deposits all checks received from vendors. Sends out rejection letters and
contacts vendors who have been accepted.
3. Relays to all vendors when sales tax is due and monitors vendors to make sure
sales tax has been paid.
4. Non-profit booth scheduled through Pitkin County Health & Human Services
(Susan Berdahl) to increase public awareness.
5. Manager to be on-site at the market from - June 16th through Oct. 29th - 20 weeks
Time: 6:30 a.m. to 3:30 p.m. = 9 hrs. a day.
6. Aspen Chamber Resort coordinates the ACRA booth.
7. Organize setup and breakdown. Street department, deposit for barricades and
cones; Parks Department, trash receptacles. Hang market banners.
8. Coordinates booth placements. Marks booth placements on the street. Makes
sure all vendors do not creep out into the 16 foot fire lane. Booths cannot block
the cross walks. No tents for musicians at the south end of Hunter or the West
end of Hopkins. A dimensional layout, map of vendors on the street should be
drawn up for reference.
9. Hires persons to direct patrons to the bathroom facilities. Replenish bathroom
supplies. Person hands out City of Aspen information and directions etc.
Monitors individuals going to the second and third floor of City Hall. 7:00 to
3:00. Y, break = 8 hrs.
10. Hires labor for food demonstrations - putting up tents, barricades, trash, chairs.
II. Coordinates cooking demonstrations.
12. Schedules musicians and set up tent at corner of Hopkins and Hunter.
13. Executes advertising.
14. Coordinates post card through Aspen Activities.
15. Pays bills ~ two signatures required, one a CCLC member.
16. Attends CCLC meetings as needed. Reports on market.
17. Contacts communications if cars are parking on the street during the market. 920-
5312.
18. Market info to be on the City of Aspen home page and linked to the ACRA
calendar. Applications are on the City Web page.
19. Music 11- to 2:00 - not after 2:00 due to weddings at the Catholic church.
20. No blocking sidewalks at the intersections.
21. Answers questions etc. regarding the market all year long.
Salary - $10,500.
Assistant $2,500.
r'"'''' 03:48 9708357601 HIGH WIRE RANCH
PAGE 01
ASPEN SATURDAY MARKET 4/14/2007 12:10 PM
Regisa:ASPHN SATURDAYMARXET
1'101II 01101/2007 tbrouIb 04114/2007
Sorted by: Date, 1)pe, NUDlbotIRef
Date N_ber peyee Accllllllt Memo "ymeal C J)epoIlt BoIaIIa
02/01/2007 152 Bulfalo valley merd1.., MercIuml Feea 260.05 3,103.55
02119/2007 IS3 City marDI-sbaJIPS Office Bl<palJeS;OIJice... 15.60 3,087.95
02121/2007 154 Sue & Dave Whittles... Office ExpenseS;()ffice... 55,00 3,032.95
02123/2007 155 IRS 2006 T"""" 253.00 2,779.95
0212312007 156 S_ta""" TllXCI 2006 llIxCS 99.00 2,680.95
fY2I23f).007 157 ReyDOlds _tant ... Professillll81 Fees 409.00 2,271.95
03/25/2007 158 City marlI:et -Mnpo Office Expenses;J>OSla... 23.40 2,248.55
03/25/2007 159 void ~:LiabiUty his... 2,248.55
03125/2007 160 CFMA IDsUr8Il<e:Liabi1ity Ins... 340.00 1,908.55
03126f2007 -epIi1- VOID: Deposit X 0.00 1,908.55
03/26/2007 -spUt- Deposit 3,620.00 5,528.55
0312612007 -split. Deposit 6,060.00 11,588.55
03/26/2007 -$plit- Deposit 17,120.00 28,708,55
03/2612007 cIopo8it suaan bilc:n1<er booth foc VOID:....... bi... X 0.00 28,708.55
03/2612007 deposit Missin Bmcker booth fee VOID: Deposit X 0.00 28,708.55
03/2612007 deposit CbaYI Bach booth fee VOID: Deposit X 0.00 28,708.55
03/2612007 deposit CbllrIes Clement booth fee VOID: Deposit X 0.00 28,708.55
03/2712007 -split- Deposit 990.00 29,698.55
04/1212007 booth fee Depoojt 330.00 30,028.55
04/12/2007 booth fee Depoait 60.00 30,088.55
IL J L ,,+ (ic..lc..l c"d
IO! nai'rll( <...)
F/.)(l1~ ~ U]h: t+ie~
t1)I'1J07
Pagel
04/17/2007 03:48
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HIGH WIRE RANCH
PAGE 02
12:t1 PM ASPEN SATURDAY MARKET
041141I7 Deposit Detail
JlInuary 1 through April 14, 2007
Type Num ~ - - Amount
CMck 1" 3I2tI2087 void ASPEN SA~
TOTAL 0.00
DopooIl _7 ASPEN SA~ ),820.00
-- _ree -460.00
_1lrucIW _lee -460.00
ChofyIBKh _lee -4llO.oo
C_CIeonel'II _lee -330.00
KaI!lIyn Penn _ree ..o!llO.oo
KalIe~ _lee -330.00
CatnIooln ~ _lee -460.00
Sandy H.a _fee -460.00
GyptIf Woman _fee .200.00
TOTAL -3,820.00
n.pooII 3I28I2W7 A8PEN SATURIlA... ''-.110
Jcolnne Wolpole _!eo ..o!llO.OO
R__ Bour1<8 _!eo -<<lO.OO
HeIdI Wilde -- -330.00
[)ovid P_ _1M ..o!llO.OO
J..... PIII..- _hie -330.00
_Cern _fee -<480.00
DoRhoe __ _fee ..o!llO.oo
Doll AmiglI8 _fee ..o!llO.OO
~~ _!eo -470.00
P1I__'. _1M -575.00
r.__. _(eo _.00
_ KeIy HtIt _reo -330.00
_ NorrlO _fee -<<10.00
Cyndy Love _fee -<<lO.oo
TOTAL 08,080.00
DopooIl SI28I2I07 ASPEN SATURDA... 11,120.110
Louio _ _fee -<<lO.OO
~- _!eo -<<10.00
Cindy Han8MI -- -<<10.00
CloUd Nine 8_ _lee -<<10.00
Moly - RegIe _fee -330.00
_0'_ _1M -<480.00
BS StudIo _lee -330.00
Anne _ -"'" -330.00
Nancy- _fee -330.00
T......~ _fee -330.00
Jon st. Andre _lee -330.00
HIII1ell BiIIi1g8 _lee -230.00
-JliIIInge _foe -230.00
Mcu1tain lfI:ud~ _!eo -330.00
Stitch WOIlco _fee -330.00
DomInlque W*"""" _lee -330.00
0INid _ _fee -920.00
JUlIo -.. _fee -<<10.00
Sl"",*,IIet",,; _fee ..o!llO.oo
H8rwry/t 1 ar d: .. Ge... _I.. .820.00
FIlii FIUIlo _lee -575.00
BIll o.ntoo _fee -110.00
811 0lMi0e _1M -575.00
Jeff........ -,.. -575.00
Hayotaok -- ... _fee -4llO.00
HIyIIItcll Mounlaln ... _fee -115.00
'.1
04!17!2B~7 03:48
9708357601
HIGH WIRE RANCH
PAGE 03
12*1 PM ASPEN SATURDAY MARKET
WMIV7 Deposit Detail
January 1 through April tot, 2007
Type Hum IIIIIe - -- -
JennIIeI' Cratg boCIIh fee -675.00
SIephon N_ _foe -675.00
Polor For18 boCIIh foe -675.00
W...- Farm8 -- -675.00
110.,11 1 " Renchol _file -675.00
Bard8n FII/ITI8 _lee -575.00
H_Acroe -- ~15.oo
I<M1 ~ _file -675.00
P8uI S9ll/lGl _fee -<460.00
Sulllal,.,. SeImgo _fee -<460.00
~ 8ItIInlJI _fee -'15.00
DephIne V.....- -- __.00
TOTAL -17. 120.00
DepoIlI 3m"" ~ 1IATURDA.. _.00
~c_ -- -330.00
UIIn IleImonI -- -330.00
H..... CnMn _fee -330.00
TOTAL -980.00
u.po.Il 4/1212l117 ASPEN 1IATURDA.... "..00
Lanne Treltln _fee -330.00
TOTAL -330.00
Dop>lliI U121JOO7 ASPEN 1IAT\IIUM... ".00
Find F.- _fee -80.00
TOTAL -60.00
\
..... 2