Loading...
HomeMy WebLinkAboutordinance.council.009B-10ORDINANCE N0.9B (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTION FO THE CITY OF ASPEN LAND USE CODE: 26.470.060(7) WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.470.060(7), Temporary Outdoor Food Vending, of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing on December 15, 2009, the Planning and Zoning Commission continued a hearing to consider the proposed amendments as described herein to January 5, 2010. WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on January 5, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a 7 - 0 vote, City Council adopt the proposed amendments. WHEREAS, during a duly noticed public hearing on May 24~', the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the public hearing was continued to June 7a', June 8a', and again to June 28~', 2010. WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 1 WHEREAS, the City Council fords that this ordinance fiirthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1• Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.470.060.7, Temporary Outdoor Food Vending, which section defines, describes, authorizes, and regulates the process for establishing a food vending cart within the City of Aspen to read as follows: 7. Temporary Food Vending. Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a) Location: All outdoor food vending shall be located in the Commercial Core (CC) zone district. Temporary food vending may operate in interior azcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the azcade has been granted. The temporary operation shall under no circumstance be located in the public right-of--way. The normal operation of the food cart, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of--way. Other criteria that all applications must be in compliance with: 1. Multiple vending sites shall not be allowed for any single owner or entity 2. The food cart shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 3. The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfaze. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. 4. Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 2 b) Operation Plan: The Applicant shall create an operation plan to include in all letters that seek approval from the property owner or adjacent businesses. The operation plan shall contain the following information, at a minimum: 1. Months of intended operation 2. Hours of operation 3. Location 4. Comprehensive list of all food and beverage being served. If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has been issued, the Community Development Director has the ability to revoke the issued permit. c) Duration: The temporary food vending operation shall be permitted to operate for a period of six (6) months. The six (6) month period shall begin on the same the date that the Notice of Approval is signed by the Community Development Director. This six (6) month period may not be separated into non-consecutive periods. Once the six (6) month timeframe has expired, the operation shall be subject to an additional review and permit process. The Community Development Director shall consider a returning vendor's past performance in considering a permit renewal. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similaz lazge public gatherings. Such action will be taken if it is determined that the food cart will create a public safety issue or create an excessive burden on the event activities. The Community Development Director may revoke the permit and cause removal of the vending operation if the vendor fails to accommodate such a request. d) Fee: The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. e) Size: The azea of outdoor food vending activities does not exceed fifty (50) squaze feet. The azea of outdoor food vending activities shall be defined as a counter azea, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 3 f) Number: The number of Temporary Outdoor Food Vending carts allowed within the City of Aspen at any given time shall be limited to four (4). This number shall be based upon valid Land Use Applications approved by the Community Development Director. Food vending locations within interior arcades aze exempt from this limitation. g) SixnaQe: Signage for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) squaze feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towazds this calculation. Food carts may have a sandwich boazd sign in accordance with the regulations found within Chapter 26.510. h) Abandonment: The City of Aspen may remove an abandoned food vending operation, or components thereof, in order protect public health, safety, and welfaze. Costs of such remediation shall be the sole burden of the property owner. i) Environmental Health: An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities aze not in operation. Additionally, no outdoor, open-flame chaz-broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. j) Affordable Housin~Waiver: The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. k) Year-round Operation: The outdoor food vending activities may occur year-round. An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection aze subject to revocation by the City Manager or Community Development Director without requiring prior notice. City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 4 1) Maintenance and public safety: An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfaze and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Section 2: A public hearing on the Ordinance was held on the 24a' day of May, 2010, at 5:00 p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. {Signatures on following page} City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 5 INTRODUCED, READ AND ORDERED PUBLISIIED as provided by law, by the City Council of the City of Aspen on the 12th day of April, 2010. Attest: Kathryn S. Koch, City Clerk ~ Mic eI C. Ireland ayor FINALLY, adopted, passed and approved this ~_~_ day of > 2010. Attest: /~ L~ti~~ Cy Z lt~c-~r ,( ~~~ i/ .~ % ~l ~ ~/ ~ ~ ~ ~ZO/a Kathryn S. och, City Clerk Michael C. Ireland, ayor Approved as to form: 'CYCy iT orney City of Aspen City Council Ordinance No. 9B, Series of 2010 Page 6 4897855 ~ pROOF OF PUBLICATION C ~ /~ r (;rc~` ~(A ~ ;. s 8~ sP~N ~M~~ ~~~ ~ ~y~~~~ STATE OF COLORADO, COUNTY OF PITKIN I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/25/2010 and that the last publication of said notice was in the issue of said newspaper dated 4/25/2010. In witness whereof, I have here unto set my ha 's 2nd day of June, 2010. Jenna Wea erne ,Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 2nd day of June, 2010.. ~"YI ~ ~ tea---- Mary E. Borl enhagen, Notary Public My Commission expires: August 27, 2011 i~Y ar'~. Aspen (LEGALS) City of I' ~~ :~RK.ENN,~!~EN: `~M D .`iy ~: R"' W U .~ O U ^~ ~..{. d E ~~ a' N ~ a' 0 0 N N d Q m v m L~ V ~~~ ~-~ -i U U -- U a Ec ~a U ~ 3y vE ~ a pU ~ c =a vN ~m ~a = m _ - ~R w .e o < IW i r~ `' °~ ii ~ q, j ii _ L c_y _ `~ - a _ ~o~- _~ E o~ ~ ~ - U F ~ E E °c o E E U 2 t~$ < -~ o wow o wow =~=a: < 3d3 m. O 2 U N F of tU U~ Ea dF v Ec aij o` 9~ Y€ A~ O1E o E', vz to Sunday, April 25, 2010 • Aspen Times Weekly Public Notice 19 ORDINANCE NO.9 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE: 26.470.060.7, 26.510.110.8.4, AND 26.575.030.F WHEREAS,the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chap- ter 26.210: and, WHEREAS,the amendments requested relate to Section 26 470.060.7, 26510.110.8.4. and 26.575030.F of the Land Use Code of the Aspen Municipal Code: and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, ap- proval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing on December 15. 2009. the Planning and Zoning Commission continued a hearing to consider the proposed amendmentsas described herein to January 5, 2010. WHEREAythe Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on January 5, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a 7 - 0 vote, City Council adopt the proposed amendments. WHEREAS,durtng a duly noticed public hearing on May 10th, the City Council took public testimony, considered pertinent recommendations from the Commu- nity Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Cade as identified herein: and. WHEREAS, the Aspen City Coundl finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal. with conditions, Is consistent with the goals and elements of the Aspen Area Community Plan and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26 470.060.7, Temporary Out- door Food Vending, which section defines, describes, authorizes, and regulates the process for establishing a food vending cart within the City of Aspen to read as follows: ].Temporary Food Vending Temporary Food Vending on private property or public property that Is subject to a mall lease for food vending or outdoor restau- rant seating in the Gondola Plaza. Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a)Lacation: All food vending shall be located in the upper and lower Gondola Plaza, Commercial Gore (CC) or Commercial Lodge (CL) zone districts. The temporary operation shall under no circumstance be located in or along the public right -of -way in a manner that inhibits the movement of pedestrian or vehicular traffic. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the ! approval of the property owner and of all businesses that have access in the arcade has been granted Other criteria that applications must be in compliance with: 1 MUNpie vending sites shall not be allowed for any single owner or entity. 2.The food can shall be in a consistent location as is practically reasonable and not intended t0 move on a daily basis throughout the duration of the permit. 3 The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum a six (6) foot ingress/egress shall be maintained for building entrances and exits 4 Before a food vending cad can begin operating, it must receive approval from the property owner and all adjacent businesses, b)Duration: The temporary food vending operation shall be permitted to operate for a period of one year, beginning May 15 and ending May 14. At the end of this period, the operation shall be subject to review by the City Clerk and the Community Development Department. If all criteria are still met then the operator may receive a permit renewal. c)Fee: The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104 070, Land use application fees. d)Size: The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcom machine. et.), and the space needed by employees to work the food vending activity. e)Signage: Signage for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26,510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50 %) of the surtace area of the front of the cad, or six (6) square feet. Sign(s) shall be painted on or affixed to the cad. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. f)An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activates shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open -tame char - broiling shall be permted pursuant to Municipal Code Section 13 08.100, Restaurant Grills. g)Affordable Housing Waiver: The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. h)The outdoor food vending activities may occur year -round An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor. or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. i)An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City • regulations, including but not limited to building codes, health safety codes, fire codes. liquor laws, sign and lighting codes, and sales tax license regulations. ecton 2: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.510.110.B.4, Banners and Flags on Main 5t Light Posts, which section defines, describes, authorizes, and regulates the availability to installed banners and flags on Main Street light posts, to read as follows: 4.Banners and flags on Main Street light posts. &Purpose. Banners and flags hung from tight posts on Main Street have traditionally been permitted to celebrate special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City - owned tight posts on Main Street. b. Eligibility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events That are considered relevant to a large segment of the local community. The United States, Cdorada. Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c.Size /number /material. All proposed banners or flags should meat the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. d.Content. Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30 %) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. e.COSVfees/procedures. The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. f Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g.Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. Section 3: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.575.030,F, Public Amenity - Design and Operational Standards tor Public Amenity, which section defines, describes, authorizes, and regulates the City of Aspen's required public amenity areas, included those operations that can occur within, to read as follows: F,Design and operational standards tor public amenhyPublic amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1.0pen to v eve Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2.Open to sky Public amenity areas shall be open to the sky. Temporary and seasonal coverings. such as umbrellas and retractable canopies. are permitted. Such nonpermanent structures shall not be considered as floor area or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor area or a reduction in public space on the parcel. 3.No walls/enclosuresPublic amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4 Prohibited usgsPublic amenity areas shall not be used as storage areas, utility /trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. Vacated rights -of -way shall be excluded from public amenity calculations. 5.Grade IimitationsRequired public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space Is approved by the Commission. 6. Pedestrian links In the event that the City shall have adopted a trail plan incorporating mid -block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7.Landscalzo olairior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 6.M 1 lice of landscao'ng Whenever the landscaping required herein is not maintained the Chief Building Official, aher thirty (30) days' written notice to the owner or occupant of the property, may the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9.0utgoor Merchandising on Pnvate P r opertfrivate properly may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation. In addition, outdoor merchandising must meet the following requirements: a)Merchandise must be maintained. orderly and located in front of or proximate to the storefront related to the sales. b)The display of merchandise shell in no way inhibit the movement of pedestrian traff ic along the public right -of -way. All merchandising shall be located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c)The size and amount of merchandise allowed is under the discretion of the properly owner. d)Umbrellas, retractable canopies, and similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e)Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor areas shall not be used solely for storage. The prohibition of storage shall be limited to merchandising on private property and shall not apply to permitted commercial activity on an abutting right -of -way or otherwise permitted by the Ciry. 10.Outdoor Restaurant Seatin on Priva Pro ert Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26470.040 8.3, Administrative growth management review. 11.D es 5n 0u Eel'ne compliance.The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, (Ord No. 55 -2000, §15: Ord. No. 1 -2002, §16; Ord. No. 23 -2004, §3: Ord. No. 2 -2005, §2: Ord No. 5, 2005, 62: 0rd. No. 13, 2007, §2) on 4: A public hearing on the Ordinance was held on the 10th day of May, 2010, at 5:00 p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior t0 which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 5: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shag be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause. phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 101h day of May, 2010. Atest:Kathryn 5. Koch, City ClerkMichael a Ireland, Mayor • t Q QWIL U (0 . Jai- ga 1:7 to CIE =0 1...0 N. c 53- O ea r O J 0 W Q' a o w 4 Q _ W in o N m a p.m. O 22 U v N U V ZgO c 4 D N ` i° ro N MI 0 0 io 00U WWGSZ_ ® _ a q� y r zZQO =p.ZOW (0.) N r Q m m C ~ 0� OcE Qo Cpl VS 0. C7 o 0 0 r Q CC al U" CC�.B O W 0 , o N c d Q n Ovs " E M n° 0) - w m N 0 0 Q} _20 m 0 c c W co w O C U ore ZF ?—Z :��m t >hsc Q r ,� N V) A. O w a. a _ ° U w v E =� CO ZS2Oq) p Q p - co L V QI -Qu.Q C� i 4.N Q Z Q N 0 r O O O O r . ,', 0 N O O O O N O m OI at 0 0 O CO t ?� N � 0 i+ 0 !O Q co o Cal O O O �+ co O O co co f� = n. N N C n 0 m m M Q ao M O G N Y 10 CO 0 in • y 'N ro L C C N N r2 N i+ i+ ++ t' L• • N L E O E e 0 d .0 Z N V a J ❑ 0 ❑ 0 Z H I- CI- a aw U 0 a W ts ID 0 1 CC