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HomeMy WebLinkAboutcclc.min.120600 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 Jon Busch called the meeting to order at 8:30 a.m. Members in attendance were Eric Cohen, John Start and Bill Dinsmoor. Terry was excused. WAGNER PARK PRESENTATION WILLIS PEMBER AND SUZANNAH REID Scott Chism, Parks landscape architect relayed that the DEPP committee relayed that the growth of the trees etc. was too much on the mall and was pulled away to allow for Cooper Street access. Scott also indicated that the time frame for the playing field is Sept. 2001 and the intent is to start the buildings now and complete them before Food and Wine. Acknowledgement of Cooper Street to the mall was a program element and it should be physically transparent. Bathrooms will be installed. Performance spaces were incorporated. The core of the effort is to open the mall as the core fo the town. The CCLC had concerns with the announcing stand as to whether it should it be permanent or removable. The board also felt that the stand was a convenience for two or three weeks out of the year and might not be necessary. Possibly do the announcing on one of the roofs of the buildings. Members felt that the spider effect of crossing the mall should be incorporated and Scoot relayed that they have incorporated openings in the seating. The stepped areas will funnel the traffic to the two portals. Scott relayed that the two major portals in and out of the mall space and park space will be sloped and mall bricked. In between the 30 feet seating stands there will be stairs. The board requested that the architect look at moving the storage shed more toward Durant. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 The program materials are low maintenance, durable and economically feasible. The architect is pondering steel. Jon felt that the canopy effect could be the major design element. It could be steel with patterns. Possibly the panels could be solar or move etc. Jon felt that a fire pit would not work as it would collect vagrants and trash. There is a need for something in the winter. In the summer we have the fountain but there is nothing in the winter. John Start felt that the electrical box possibly could be incorporated into the announcing as one element. Bill interjected that there is a need for night time use in the Wagner Park area for teenagers and families. A mural was brought up as an idea for one of the walls near the canopy. Scott said the playground needs to be replaced because it is unsafe. Rebecca Schlicking, assistant parks director said the playground has to be handicapped accessible and whether or not the raised area is retained is questionable. Jori said the raised area is a seating area for the parents and is a good element. Scott relayed that the alley will be ten feet of consistent width and will promote pedestrian circulation. Rebecca stated that the chain across the alley that CCLC had proposed years ago will still remain in the new proposal. If the alley is open the CCLC felt it should only be an exit. Exiting into the apple trees is presently a problem. Some CCLC members felt that the alley should not be opened to truck exiting at all. Eric felt that the canopy should retain its openness. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 ORDINANCE NO. (Series of 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS X,Y,Z OF THE MUNICIPAL CODE TO GOVERN OUTDOOR DINING AND SALES ACTIVITIES IN THE COMMERCIAL CORE OF THE CITY OF ASPEN 4-11-1 Legislative Intent. 4-11-2 Definitions. 4-11-3 Designation of Outdoor Activity Zones. 4-i 1-4 Uses Prohibited without Permit 4-11-5 Leases for Outdoor Dining in the public rights-of-way 4-11-6 Displays of Merchandise in public rights-of-way 4-1 I-7 Entertainment Vending Permit 4-11-8 Sidewalk Sales 4-11-9 Mobile Vending Cart Permit. 4-11-10 Newspaper Vending Machines. 4-11-11 Special Activity Permit. 4-11-12 Special Entertainment Permit. 4-11-13 General Permit and Lease Requirements. 4-11-14 Application Procedures. 4-11-15 Transfers of Permits and Leases. 4-11-16 Utilities. 4-11-17 Termination of Permits. 4-11-18 Amendments. 4-11-1 Legislative Intent. The purpose of this chapter is to promote the public interest by enhancing the attractiveness of the commercial core area; providing opportunities for creative, colorful, pedestrian-focused commercial activities; and entertainment that adds charm, vitality, diversity, and good design to the commercial core area; encouraging the upgrading of storefronts and the development of compatible and well-designed improvements; providing revenue to offset in part the cost of maintaining the mall area; and limiting private development on public rights-of-way in the commercial core area to those proposals of the highest quality that advance these purposes. 4-11-2 Definitions. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 The following terms used in this chapter have the following meanings, unless the context clearly indicates otherwise: "Building ornament" means any awning, sign, planter box, or other ornament on a building adjacent to the mall that encroaches upon the public right-of-way or the air space above such right-of-way. "CCLC" means the Commercial Core and Lodging Commission established by Ordinance # 1, 1981. "Entertainment" means a performance or show designed to entertain the public. "Special entertainment" means any activity which involves the juggling, casting, throwing or propelling of a knife or burning projectile on the mall, or involves the use of equipment on the mall and requires special review. "Mall" means the Aspen pedestrian mall established by Ordinance No. 20, Series of 1973. "Outdoor dining" is defined as wait serviced dispensing and maintenance of food and veberages and does not include take out food that is not supported by a wait staff. NOTE: CCLC might want to re-visit this definition. "Non-commercial" means that which does not involve the sale or offer for sale real or personal property or a service. ~'Non-profit group" means an entity which has received a tax status determination by the United States Internal Revenue Service as a Section 501 tax exempt organization, or which is incorporated as a non-profit corporation under the laws of the state of Colorado, or which is incorporated as a non-profit corporation under the laws of another state and has been issued a certificate of authority by the secretary of state for Colorado to conduct affairs in Colorado. "Sale" or "sell" means the exchange of goods or services for money or other consideration, and any advertising therefore and includes the offering of goods or services for a donation except when a writing is offered for a donation to express bona fide religious, social, political, or other COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 ideological views, and the writing is carried by the person offering it and not set on the ground or any structure. "Special activity" means an educational or festive activity, or an activity not involving sales and sponsored by a non-profit group, that involves the use of a booth, blanket, table, structure, cart, enclosure or other equipment on the mall or other public area. It also means sales conducted as a fundralsing activity by a non-profit group if: (1)Only the group's volunteer members make the sales on the mall; (2)Such volunteer members receive no remuneration, direct or indirect, from the sales or sales activities; and (3)Any goods sold either bear conspicuously on their exterior the name of the group or its registered trademark, or such goods are unique to the group and are not readily available through retail stores in the city. 4-11-3 Designation of Outdoor Activity Zones. In order to carry out the provisions of this chapter, the downtown core is divided into the following zones: (1) Zone 1 consists of the mall area. (2) Zone 2 consists of all other commercial zones outside the mall area. 4-11-4 Uses Prohibited without Permit. (1) No person shall sell, display for sale, or advertise for sale any goods or services to the public on the mall or in the downtown commercial area without a valid permit or lease therefor issued under this chapter. (2) No person shall conduct any activity or enterprise that involes placement ora cart, unrolled blanket, booth, table, and stage or other structure, or equipment on the mall without a valid permit or lease therefor issued under this chapter. (3) Amplified sound shall be prohibited without permit. ' COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 (1) This subsection does not apply to equipment that is intrinsic to an entertainment act, provided the equipment: (1) Can be carried or wheeled by the entertainer; and (2) Is not over six feet in height when: (3) At rest; or bearing a load or being used in the act; and (4) Covers a rectangular area no larger than five feet by six feet. .No person shall juggle, cast, throw, or propel a knife or burning projectile on the mall, or use equipment which is more than six feet above the surface of the mall when at rest or when bearing a load while being used in the act, without a valid special entertainment permit issued under this chapter. No person issued a permit under this chapter shall violate any term or condition of that permit. Any act or activity performed for three or more days out ofany 30 day period need to be permitted. (This is designed to allow for and encourage traveling/performers. 4-11-5 Leases for Outdoor Dining in the public rights-of-way (A) Leases for outdoor dining may only be applied for in zones 1 and 2. These leases shall be reviewed by the CCLC and their recommendation forwarded to City Council for final approval. (B)General criteria for outdoor dining leases are: (1) These areas shall be for the sole purpose of selling and dispensing food or beverages to the public in a defined seating area. (2) These areas shall be open to the public at least seven (7) hours per day between the hours of 9:00 a.m. and 8:00 p.m., weather permitting but in no event shall food and beverage servic.e be extended beyond 10:00 p.m. (3) Not violate lighting code, amplified music, or liquor code. NOTE: Possibly insert amplified music code sections, lighting code section and liquor code sections for final ordinanc.e .COMMERCIAL CORE & LODGING COMMISSION MINUTES Oli' , DECEMBER 6, 2000 (4) The pedestrian movement shall not be impeded by umbrellas or furniture or fixtures. (5) (B)Criteria for outdoor dining in Zone 1 are: (1) Not be wider than the mall fi'ontage of the business nor extend further than a maximum often (10) feet fi'om the edge of the Lessee's building without special review (encroachments are not considered to be a part of the Lessee's building) while ensuring that such extension does not impede pedestrian traffic (2) No portion of the lessee's fixtures shall extend beyond the boundaries of the city-leased premises; this shall be construed to include planters, umbrellas while closed or open, any type of lighting fixtures, and other fixtures of the Lessee (3) No island shall be created on the leased premises, i.e. the fencing around the city-leased premises shall abut the lessee's building and business (4) The perimeters of the extension boundary shall be angled at forty-five (45) degrees with a minimum of four (4) feet length on the diagonals(s) with the exception that if the lessee obtains written consent from the adjacent business, a ninety (90) degree angle will be permitted on the side(s) for which the lessee has obtained such written consent (5) A black wrought-iron fence as approved by CCLC, no less than thirty (30) inches in height shall enclose the perimeter of the City-leased premises. Openings in the fence shall be 44 inches wide per the Building Code. If there is a gate which is not self-closing and bi-directional it must be left open and swing inward to prevent obstruction of pedestrian right-way. (6) No food or beverage service facilities, including but not limited to, bus trays, hot plates, shall be located on City leased premises. Water dispensing and clean table settings i.e. plates, utensils are permitted in the city leased premises. _COMMERCIAL CORE & LODGING COMMISSION MINUTES DECEMBER 6, 2000 (7) The Lessee shail allow its fixtures and perimeter fencing to remain in place at its own discretion and liability and shall accept and retain full responsibility and liability for any damage to such fixtures and perimeter fencing caused by the operator vehicles, and ambulances, in the performance of their duties, and to hold harmless their duly authorized operators. (8) Every lease also shall provide that if the city requires the use of the leased property before expiration of the lease period, it may terminate the lease upon reasonable notice to the owner and reasonable compensation for the expenses of removing the building extension..The holder of a building extension permit or lease shall indemnify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit or lease comprehensive general public liability and property damage insurance. (9) Any electric, gas lighting or heating must conform with all applicable city codes~ (10) No signage, including, but not limited to, advertising on furniture, planters shall be allowed on the City-leased premises except that menu signs shallb e allowed in accordance with provisions of the City of Aspen sign code. Exemption: Signage permitted on umbrellas. NOTE: Sign code reference needs incorporated. (11) Outdoor dining in Zone 2 is prohibited on public property without a special permit. 4-11-6 Displays of Merchandise in public rights-of-way. (1) Display of merchandise in the public rights-of-ways are prohibited except within the context of a special event. 4-11-8 Sidewalk Sales CCLC had the idea that sales can occur throughout the year with some benefit to non-profits. Possibly do two sales at low peak times to bring residents to the core. Possibly include the fall ski swap. See minutes of Dee. 20th regarding high end retail opinions. .COMMERCIAL CORE & LODGING COMMISSION MINUTES O~' DECEMBER 6, 2000 Sidewalk sales need an organized entity for these events. Subsection FARMERS MARKET should be incorporated here. Musical events four times a year. Last Saturday in June to last Oct. Sidewalk sales should be for aspen residents and not be tourist focused. How do we deal with below grade spaces. Kathy to get portland oregon ordinance (1) Sidewalk sales shall be allowed in zones 1 & 2 on 4 designated days during the season between Memorial Day and October 15~. (2) Businesses may be allowed up to five feet out from their business to the length of their store front. (3) The applicant may condition individual sub-permit eligibility only on the assent of the individual owners to the sharing of the reasonable promotional costs of the applicant for the sale event on a flat rate, per participant basis, not to exceed $50. or each day per sub-permit and the payment of such amount to the applicant. The applicant shall specify such amount on the application, and the City shall issue the permit only if the amount is reasonable. 4-11-9 Mobile Vending Cart Permit. (a) Mobile vending carts are not allowed in Zones 1 or 2 4-11-10 Newspaper Vending Machines. (a)Newspaper vending machines are permitted only in zone 2. (b)The city has installed newspaper vending machines at various locations on the mall. These machines are available for use by permit as provided in this section. No person shall install or use any other newspaper vending machine or similar device on the mall. (c)A newspaper vending machine permit is available to any publication that is eligible for the periodicals mailing privileges of the COMMERCLAL CORE & LODGING COMMISSION MINUTES O/~' DECEMBER 6, 2000 United States Postal Service. A newspaper vending machine permit is available for any particular publication for only one machine in each of the banks of machines installed on the mall. (d)A newspaper vending machine permittee shall maintain the news box face, its interior, and all mechanical workings of its individual box, including, without limitation, the window and face plate; the coin mechanism, coin tray, and lock, if any; and the inside shelves. The newspaper vending machine permittee shall supply and affix to its permitted machine whatever logo or identifying wording it desires to use to let the public know which periodical is inside the machine. Such identifying device shall be no larger than two inches high by fourteen inches wide, with white text on a black background. It shall use a self-stick backing of a type approved by the city manager for its balance of adhesiveness and ease of removal, and be affixed in the location on the box specified by the city manager for all boxes. !e)A newspaper vending machine permit is valid for one year from date of ~ssuance. The fee for a newspaper vending machine permit is that specified in Section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981. In addition to other causes specified in this title for permit denial, revocation, or suspension, a newspaper vending machine permit expires when the machine is not in use for a period of thirty days, or if the permittee has failed to maintain the newsbox over such a period, aithough the city manager shall take no final action based on such an expiration without notice to the permittee and an opportunity for a hearing. Upon denial of renewal of a permit, or suspension, revocation, expiration for failure to use or maintain, or expiration for failure to renew, the City manager may remove the contents of any machine, change the locks, hold any contents and money as abandoned property, and issue a new permit to someone else. (f)Non-Periodical Newspaper Vending Machine Boxes. (1)The CCLC shail designate one newspaper vending machine box in each bank for use by purveyors of printed material which is not eligible for the periodicals mailing privileges of the United States Postal Service. Such COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 non-periodical newspaper vending machine boxes shall contain only materials available free to the public, and only one shelf of one boxin each bank of boxes shall be available for use for any one such publication or other printed material. If these boxes are configured to hold more than one publication, then the manager shall determine the maximum number of shelves there may be in such boxes, and shall issue such permits on a per shelf basis. The fee for permits to use such boxes shall be that set for periodicals newspaper vending machine boxes, except that the manager shall prorate the fee based on the number of shelves covered by the particular permit. (2)In the event that there are unused periodicals news boxes in any bank, the city manager may make the space available as temporary non-periodical newspaper vending machine boxes, except that temporary permits issued on this(2)In the event that there are unused periodicals newsboxes in any bank, the city manager may make the space available as temporary non-periodical newspaper vending machine boxes, except that temporary permits issued on this basis shall be revocable at any time that a new applicant for a regular newsbox receives approval of the application. If it is necessary to choose which temporary permit box is to be used by the new periodicals permittee, the city manager shall determine the matter by lot. In the case of such a revocation based on this ' priority, the permittee displaced shall be entitled to a refund based on the number of full three-month periods paid but not used. (g)Mall newsbox permits are available on a first-come, first-served basis. But for the purposes of transition to the 1999 revised permit system, permittees in good standing as of November 4, 1999 (the effective date of this ordinance) shall be eligible to renew their old permits under the new system. Should the first-come, first- served system not resolve allocation questions, the city manager shall select publications by lot. COMMERCIAL CORE & LODGING COMMISSION MINUTES OP DECEMBER 6, 2000 4-11-11 Special Activity Permit. (a)Special activity permits may be issued for all zones. An applicant for a special activity permit which is to include any part of zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate. (b)A special activity permit is valid for one to six days per year upon payment of the fee prescribed by Section 4-20-1 I, "Mall License and Permit Fees," B.R.C. 1981. No more than six days total may be permitted to the same person during a calendar year. 4-11-12 Special Entertainment Permit. (a)Special entertainment permits may be issued only for zones 1, 2, and 4. An applicant for a special entertainment permit which is to include any part of zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate. (b)The holder of a special entertainment permit shall indenmify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit comprehensive general public liability and property damage insurance, as prescribed by Section 4-1-8, "Insurance Required," B.R.C. 1981, naming the city, its officers, employees, and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the city will be called upon to contribute to a loss covered by the policy; and providing for thirty days notice of cancellation or material change to the city. The city manager may waive all or any part of this insurance requirement if the special entertainment permit requirement is based solely on the height of the equipment used, if the applicant demonstrates to the manager's satisfaction a history of safety with respect to the use of such equipment, and if the manager concludes that the nature of the equipment and its use is such that harm to other mall users or to property other than that of the applicant is unlikely to occur. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 ~ (c)A special entertainment permit is valid for the period and the hours specified in the permit, which shall be for reasonable hours and a reasonable period no greater than three months per permit; no fee will be charged for its issuance. Such a permit is not an exclusive license for use of the area of the mall designated therein. The manager may attach such other reasonable conditions on the use ora special entertainment permit as may reduce friction among competing uses of the mall or serve the purposes of this subsection. (d)tf a special entertainment permit has been granted which involves the use of equipment more than six feet above the mall when at rest, the city manager may authorize the permittee to attach or secure objects to mall property, and to climb on mall property if needed to do sol, if the manager is Persuaded that the safety and convenience of mall users, including, without limitation, other entertainers, public safety, and the service life of mall property is not adversely affected thereby. 4-11-13 General Permit and Lease Requirements. (a) A lessee or permittee is responsible for maintaining the area within and in proximity to the location of the leased premises or permitted location in a neat, clean, and hazard-free condition, including, without limitation, disposing of all trash off-site. (b) The CCLC may deny a permit, except for a newspaper Vending machine permit, if the proposed use would constitute a physical hazard to the public health, safety, or welfare, or would violate any law. 4-11-14 Application Procedures. (a)The CCLC shall review each application for a permit or lease in accordance with the purposes and requirements of this chapter and recommend to the city Council approval, approval with conditions, or denial of the application. This subsection does not apply to newspaper vending machine permit applications or to any class of permit which the CCLC has, by resolution, determined not to review. .COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 (b) After receiving a recommendation from the CCLC as provided in subsection (a) of this section, the City Council shall determine whether each application for a permit or lease meets the purposes and requirements of this chapter and approve or disapprove the application. (c) The CCLC may adopt rules and regulations establishing the process for accepting, reviewing, and approving all permit and lease applications submitted pursuant to this chapter, including the contents of such applications and the specific criteria that will be considered in the review process. Each applicant shall comply with such requirements. (d) Each applicant for a permit or lease shall obtain all required building, health, sales tax, or other permits or licenses from all applicable government departments. (e) Permit applications shall be made on the form provided by the city for the permit sought, and Shall contain all the information required by the form, including any required attachments or exhibits. The city may reject incomplete applications. 4-11-15 Transfers of Permits and Leases. A permit or lease issued under the provisions &this chapter is not automatically transferable or assignable. The CCLC shall review a request to transfer or assign a permit or lease as a new application, and recommend approval, approval with conditions, or denial of the request to the City Council. 4-11-16 Utilities. A permittee or lessee using water, electrical, or sewer service shall pay the costs of such services. 4-11-17 Termination of Permits. (a)Any permit issued hereunder may be revoked by the city manager under the procedures prescribed by Section 4-1-10, COMMERCIAL CORE & LODGING COMMISSION MINUTES OF DECEMBER 6, 2000 'Revocation ofL~censes, , for a violation of this chapter, or a breach of a condition in the permit. (b)Upon revocation or expiration of any permit, the permittee shall remove all structures or improvements from the permit area and restore the area to its condition existing prior to issuance of the permit. (c)If a permit is revoked, the permittee may not apply for the same type of permit for one year after the effective date of the revocation. 4-11-18 Amendments. The CCLC may recommend amendments to this chapter to the city council.