HomeMy WebLinkAboutLand Use Case.Citywide.A92-97
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MEMORANDUM
TO:
The Mayor and City Council
RE:
Amy Margerum, City Manager
John Worcester, City Attorney ~' ,
Julie Ann Woods, Community Development Directo I.
Joyce Ohlson, Deputy Director '
Mitch Haas, Planne~ '
Vending Agreement for a Farmers' Market --- Resolution NO'~, Series of 1999 ---
Public Hearing.
THRU:
FROM:
DATE:
June 14, 1999
SUMMARY: Pursuant to Ordinance Number 13, Series of 1998, the Community Development
Department has received an application requesting approval to establish and operate a farmers'
market in a City of Aspen right-of-way (see Exhibit A). Like last year, the applicants are seeking
permission to use East Hopkins A venue between South Galena Street and South Hunter Street as the
market location,
As proposed, the market would operate just as it did last year --- on Saturdays (once per week) and
be open to the public from 8:00 a,m. through 4:00 p.m. These hours would mean that the selected
street would need to be closed to vehicular traffic from approximately 7:30 a.m. (for set-up) through
4:00 to 4:30 p,m" depending upon the extent of clean up needed on the particular date, In addition
to closing the street to vehicular traffic during these hours, overnight parking on the chosen street
would need to be prohibited on Friday nights in order to ensure the ability to set up the market at
7:30 a,m. the following morning. Also, the market would begin its season on June 26th and run
through the end of October, weather permitting,
Staff recommends that City Council approve Resolution Number ~, Series of 1999 with the
conditions outlined in the License Agreement attached to said Resolution as Exhibit 1 thereto.
PREVIOUS ACTIONS: On June 8, 1998, the City Council adopted Ordinance Number 13, Series
of 1998, approving a set of code amendments that make farmers' markets a permitted use in the
Commercial Core (CC), Commercial (C-I), Neighborhood Commercial (NC), and
Service/Commercialllndustrial (S/C/I) zone districts, provided a vending agreement has been
obtained pursuant to Section 15.04.350(B) of the Municipal Code. Ordinance 13-98 amended
Section 15.04.350 to allow for City Council approval of a farmers' market pursuant to the review
criteria contained therein,
BACKGROUND: Before the approval of last year's market, staff took the position that there are
many reasons allowing farmers' markets is advisable, This position included the argument that
farmers' markets have, in other communities, been successful in helping to breathe new life into
downtown neighborhoods by generating pedestrian acdvity and community interaction. That is,
farmers' markets create a community meeting place; not only do they provide an opportunity for the
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farming community to interact with other community members, but they are also places for informal
interaction and communication among the rest of the community. A meeting place is an important
contributor to the social fabric, allowing people to feel connected to each other and their community.
Staff further argued that allowing for the establishment of a farmers' market in the commercial core
is in harmony with the goals and vision of the Aspen Area Community Plan, and a farmers' market
would go far in supporting the concept of "messy vitality" which is so heavily promoted by the
Aspen Area Community Plan. The following passage from the AACP's "Community Vision"
statement provides the best summation/response to the question of why should a farmers' market be
located downtown:
We are seeking to create a community of a size, density, and diversity that encourages
interaction, involvement and vitality among its people, Aspen's unique spirit is in danger of
eroding into a bland and irrelevant society lacking its former character ... The image of
Aspen as an organized facade needs to be injected with a 'messy vitality' that originally
created Aspen's renowned cultural and sociological diversity. Aspen as a community should
avoid an environment that is too structured, too perfect, and that eliminates the funkiness
that once characterized this town,
Based on the experience oflast year's market, stafffeels its position has been validated, The market
was a success, with the only complaints involving a feeling that more vendors and greater diversity
were needed. In fact, the market received an award from the Historic Preservation Commission for a
new, community activity contributing positively to an Historic District,
There were eight (8) vendors last year. For this year, the market has confirmed the addition of at
least five (5) new vendors with the hope of adding two (2) more before the season begins, for a total
of fifteen (15) vendors. The following list indicates the confirmed vendors for the 1999 season, what
they produce and sell, and where they come from, with those that were part of last year's market
denoted by the asterisk (*),
. *Westwood Farms ofPaonia --- chutneys and fruit preserves m Kathy and Mike Woods
. *First Fruits Organic Farms of Paonia --- assorted organic fruits --- Kris and Kevin Kropp
. Ottorino' s Fresh Gourmet Pasta of Glenwood Springs and the Roaring Fork .-- pastas and sauces
--- Patricia and Otto Studhalter
. Okagawa Farms of Grand Junction --- produce and fruit m Steve Nieslanik
. *Ute City Herbs and Flowers of Aspen .-- greens, cut and potted herbs and flowers --- Jennifer
Craig
. *Homestead Meats of Paonia --- five ranches marketing locally produced beef products --- Steve
Kossler
. *DeVries Farm Market of Grand Junction --- produce, fruit, and some flowers --- Bill and Stacey
DeVries
. *Forte Farms of Palisade --- assorted fruits --- Peter Forte
. Glenwood Honey --- assorted honey products --- Roy and Martha Rickish
. McLane Flats Flowers of Aspen --- assorted flowers, herbs, hanging baskets, potted plants ---
Jim Herrel
. Tri Herbal Divas of Carbondale --- herbal remedies --- Alicia Michelson
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. Louis Swiss Bakers of Aspen --- assorted bakery items --- Cookie Grant
. *Hillside Acres ofPaonia _n organic produce, flowers, and herbs _n Jack and Janice D'Orio
As demonstrated by the list above, the market will have much more diversity as well as a greater
selection between vendors selling similar items. The street would be filled closer to capacity with
the additional stands, as fifteen vendors would represent close to a doubling of the amount of
vendors that participated in last year's market. Also, as can be seen by reviewing those vendors that
were not part of last year's market (no asterisk), the farmers' market will include significantly more
local representation with the five new additions: three Aspen-based participants, two Glenwood
Springs based participants, and one Grand Junction-based participant. Last year's market included
only one Aspen-based vendor, Jennifer Craig, who will also participate in the '99 market. Thus,
seven (7) of the thirteen (13) committed vendors will be residents of the Roaring Fork Valley,
DISCUSSION: Based on the success of last year's market and the community support for the
concept, staff is recommending that the new vending agreement be approved for a period of three
(3) years so that the market group would need not reorganize and re-apply every year, By avoiding
the need to re-apply every year, concern over when the market will start and time needed to process
an application for a vending agreement would be eliminated. Staff further suggests that the
vending agreement include provisions for the Community Development Director to be able to
administratively modify the list of approved vendors while maintaining City control over such issues
as keeping the market one "of and by farmers" without degradation into a crafts fair or flea market
type of atmosphere. Such a provision would require the Community Development Director to
approve any new vendors for which the market group requests inclusion, provided the vendor and
the items to be vended are consistent with the City's adopted definition of "farmers' market," the
spirit of the "farmers" market concept, and the terms and conditions of the vending agreement.
In terms of standards for City Council's review of the proposed Vending Agreement, Ordinance
Number 13, Series of 1998, requires only that City Council "incorporate such rules and regulations
which it deems appropriate in vending agreements," Also, the Community Development Director is
to "promulgate rules and regulations for the establishment and operation of farmers' markets."
Staff has used last year's farmers' market vending agreement (Resolution Number 46, Series of
1998) as the rules and regulations for the establishment and operation of farmers' markets; in
addition, based on the 1998 Vending Agreement and the experience of last year's market operation,
staff has drafted the currently proposed Vending Agreement in a manner that hopefully incorporates
such rules and regulations as City Council would deem appropriate, Of course, should Council
desire to add, modify, or delete any of these rules and regulations, staff will accommodate the
desired revisions,
One such rule and regulation of the proposed Vending Agreement that warrants particular attention
is found in Section VI. of the proposed Agreement, and was part of the 1998 Agreement as well.
Section VI. Ofthe proposed Agreement states that, "The City hereby reserves the right to review this
License Agreement after each market season, as provided above [a reference to the time limitations
of the "season"]. Upon review, the City Council may, at its discretion, decide to revoke the vending
agreement, extend it with new or revised conditions, remove conditions, or require moving the
market to an alternative location." Staff feels this condition warrants specific attention because it
provides Council with a safeguard to exercise its authority should problems arise with the market,
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should Council want to change the Agreement before the suggested 3-year period elapses, should
Council want to review administrative decisions made by the Community Development Director, or
should Council desire to reconsider terms or issues of the Agreement and market in any other way,
RECOMMENDATIONS: Staff recommends that City Council approve Resolution Number fl,
Series of 1999 with the attached License Agreement and the conditions contained therein. With this,
staff recommends that Council approve the use of Hopkins Avenue between Galena and Hunter
Streets on Saturdays from 8:00 a.m. through 4:00 p,m" beginning on Saturday, June 26, 1999 and
running through the end of October, weather permitting,
RECOMMENDED MOTION: "1 move to approve Resolution Number LfI, Series of 1999."
EXHffiITS:
Exhibit A - Application.
ATTACHMENTS:
Proposed Resolution No. '11, Series of 1999, and accompanying License Agreement (Vending
, Agreement),
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FROM
D'ORIO'S--HIL~E RCRES
PHONE NO.
303 527 ~
P0l
September 16, 1999
Juli Ann Woods
Community Development Director
City of Aspen
Hi JUli,
We in the Aspen Farmers Market Group believe we can improve
the Farmers Market by poriodically including appropriate
entertainment. A local Celtic band has indicated they would
like to do some traditional Celtic music fOT the Market. They
consist of four members doing aooustic guitar, flute, drum,
violin and vocal. We would like to try them on ootober 9 and
if suece~Aful, again on October 23.
Our last market day will be October 30. t'm sure the
weather will cooperate. ThankS much.
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Date: 08/27/99
To: Julie Ann Woods
From: Jannette Whitcomb, REHS
Subject: ,Farmer's Market: Jeff's Italian Ices
The licensed retail food operator, Jeff Isacson, has requested to sell his product
at the Aspen Farmer's Market. On August 26, 1999, I inspected Jeff's Italian Ice
cart. The following is a summary of the violations that were noted at the time of
the inspection. The Environmental Health Department approves Jeffs Italian
Ices operate at the Farmer's Market if he corrects the below violations.
1) The Italian Ice disher well water was stagnant. The operator agreed to
use ice water for storing the disher. Utensils may be stored in
stagnant water, if the water temperature is 410F or less,
2) Bleach water in spray bottle had a chlorine concentration of greater than
200 ppm, Chlorine test strips were not provided, Chlorine
concentration must be between 50 to 200 ppm. Provide chlorine
test strips. "
3) The solarwater heated bag is not approved for use. The operator
agreed to not use the solarwater bag for extra water. He will use
only approved food/water containers to hold water and ice.
4) The operator said that he wipes his hands on a sanitized cloth towel.
Cloth towels are not approved for wiping hands. Operator will use
single-use papertowels for wiping his hands.
Note: The cart's handwashing set-up must always have a supply of warm
water.
FROM D'ORIO'S--HI~IDE ACRES
PHONE NO.
303 ~ 4046
P01
IfLLSlCE ACRES
~ & JANICE D'ORIO
4246 N f'OAD
PAONIA. CO 81428
August , 2, , 999
Julie Ann Woods, Director
Aspen Cornmmunity Development
Aspen, Colorado
Dear Julie Ann,
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The Aspen FArmers Market Group has discussed and voted
to include Honey Bee Ice Cream Company as a vendor in the Aspen
Farmers Market. Please add Jeff Isaacson, the owner of the
above, to the roster of market vendors. Jeff should be in the
process of securing his Aspen business license. He has been
informed that he needs to comply with all market rules including
Aspen Health Department regulations.
Thanks "mu h,
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Market
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5-27-1999 3,08PM
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ASPEN
ALPS
CONDOMINIUM
ASSOCIATION
RECEIViF
NOV .5 0 199~
A:::iri=l\; I r"'~ l t',u"
COMMUNITY DEVELOPMENT
November 27, 1998
Mr. Mitch Haas, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Mitch,
Just a quick note to tell you that the Saturday Fanners Market was a great success
amongst the Aspen Alps' owners, guests and employees! Many of them made a point to
tell the front office employees how delighted they were and what an asset it was to the
community.
Thank you for your efforts establishing the market, as I know there was some opposition.
I sincerely hope that market will be operating next summer, Please let me know if I can
be of help,
Sincerely,
r~(y----
Pamela M. Cunningham
General Manager
PMC: pwm
Cc: Amy Margerum, City Manager
700 Ute Avenue, Aspen, Colorado 81611
(970) 925-7820 Fax (970) 920-2528 aspalps@rof,net
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MEMORANDUM
TO: The Mayor and City Council
THRU:
Amy Margerum, City Manager
Julie Ann Woods, Interim Director of Community Development
Mitch Haas, Planner Alt'
Farmers' Market Regulations and Options for Next Year
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FROM:
RE:
DATE:
September 29, 1998
At the September 21, 1998, City Council Brown-Bag session, representatives of the
Aspen Farmers' Market Group showed up to discuss the status of the market and to share
some thoughts on how it might be improved next year, Council expressed a desire to
research the adopted code amendments in an effort to determine whether the sale of
baked goods, breads and pastas, herbs and flowers, cheeses and dairy, honey, Colorado
wines, and other similar products would be permitted.
The regulations adopted in Ordinance 13, Series of 1998 are very much open ended,
simply stating that, "The Community Development Director shall promulgate rules and
regulations for the establishment and operation offarmers' markets, The City Council
shall incorporate such rules and regulations which it deems appropriate in vending
agreements." This means decisions of what mayor may not be sold at the Aspen
Farmers' Market are wholly governed by the parameters set by Council in a specifically
applicable vending agreement. The existing vending agreement for the Farmers' Market
that has been operating on East Hopkins during the summer of 1998 will expire on
November 29, 1998, and a new vending agreement (with whatever parameters Council
wants to include) would have to be drafted and approved for a 1999 Farmers' Market.
Other than the citation in italics (above), the only adopted regulatory language which
guides or in any way limits Council's discretion with regard to setting parameters in a
1999 Vending Agreement is the Land Use Code's adopted definition of a "Farmers'
Market," which reads as follows:
A farmers' market is a market established by an organization of farmers/producers to
provide the opportunity for direct sale (by farmers and/or their representatives) of
primarily Colorado-grown produce, with the potential for accessory sales of other
agriculturally-related products. to wholesale or retail buyers at stalls or other similar
, structures of a temporary nature.
This definition goes a long way toward answering the question of whether the sale of
baked goods, breads and pastas, herbs and flowers, cheeses and dairy, honey, Colorado
wines, and other similar products would be permitted. That is, staff would interpret the
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language of "Colorado-grown produce" to include these items, provided they were grown
or produced on Colorado fanns. Likewise, this interpretation would preclude vendors
selling ~ wines, baked goods, breads or pastas, as the definition allows for "accessory
sales of ~ agriculturally-related products," Wines, baked goods, breads, and pastas
would be considered, at best, as being "agriculturally-related products" which are only
allowed as accessory items. By definition, the term "accessory" means that the sales of
the "other agriculturally-related products" could not occur at a stand/vendor devoted
exclusively or even primarily to the sale of such products. In short, a vendor authorized
to sell Colorado-grown fruits and vegetables should be permitted to also sell
"accessory/subordinate" amounts of baked goods, wines, breads, and pastas provided
they are related to or in some way derived from Colorado-grown produce.
Staff concludes that Council's options as to what may be included under th~ terms of a
vending agreement are bounded only by the limits of the adopted "fanners' market"
definition; however, Council has full discretion in what it chooses to prohibit under the
terms of a vending agreement.
Notwithstanding the foregoing, staff would suggest that if Council wishes to discuss
these questions as well as other related issues, including the desired amount of vendors,
number of days per week, location(s), and concerns related to competition with or
inclusion of local merchants, then perhaps a work session with the fanners and staff
would be appropriate. This would provide staff with an understanding of Council's
desired parameters for preparation of next year's vending agreement. Alternatively, staff
can work with the fanners' market group to develop a vending agreement for your
consideration at a future hearing. Please let us know if/when you would like to schedule
a work session.
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September 9, 1998
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446 Street
nd Junction, CO 81501
Re: Aspen Farmers' Market
Dear Ms. Nieslanik:
In response to your letter dated August 15, 1998, written to the City Manager of Aspen
and copied to Peter Forte and Bill DeVries, please be advised as follows:
1. As you identified yourself as, Okagawa farms' attorney in your letter, rather than
as a family member of the Nieslani~, current owners of OkagawaFarms, we are responding
to you. However, should any of Nieslaniks involved desire to speak to us directly concerning
the Aspen Farmers' Market, please let them know we are open to discussion.
2. The rules of the Aspen Farmers' Market state the entire committee must vote in
new members on a majority basis. Out of eight members of the committee, only one vote
was in favor of the inclusion of Okagawa Farms to the market. As for your statement that Bill
DeVries is "using his position to exclude participants based on his own personal whims," we
reiterate that Bill is just one of eight members of the committee. The reason Okagawa Farms
was not voted in is that there are enough produce growers in the market at this time.
3. We are pursuing new members to the market; however, the new members we
seek are along the lines of a bakery, a honey producer, a wine maker, or any other type of
grower/producer that would complement the members already in the market. The committee
is striving to build the market in Aspen. The growers in our market that have literally decades
of experience in building and maintaining farmers' markets insist the variety of products needs
to be expanded to create greater public interest and thereby generate more customers.
4. Considering the number of customers currently attracted to the market, it
would not be economically feasible to add more produce growers at this ,time. In short, the
demand for the products currently offered will not support a greater supply of the same
products.
Roberta M. Nieslanik
September 9,1998
Page -2- of 2
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If the Nieslaniks or you would like to discuss this further, please do not hesitate to
contact us.
Sincerely,
THE ASPEN FARMERS' MARKET
COMMITIEE MEMBERS
c: City Manager of Aspen 0
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FROM : D'ORIO'S--HILLS~ ACRES
PHONE NO. : 303 52~46
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RECEiVED
,11/ t 2 L! 1998
ASP"r
COMMUNITY :;:!TKiN
>ovELOPMENT
:I..____:.R.o~._:..~._O~I.~._~~~~ILLS~ ACRES
S:;OM : PHONE NO.
PHONE NO.
303 S~46
P01
Jun. 04 1997 10:22AM P2
ASPEl'!' FARMERS' MARKET RULES AND ImGULATIONS
5/27/98
J. Full membership dues will be S150/year, payable as follows; $100 by June I and the balance by
July 1. More funds. in the form of special ass~sments. may be requested at any time. A business
license for the lown of Aspe:n will need to be purchased by each member and is not <:overed by
these dues,
2, Each member will be responsible for maintaininl3 all licenses (sales tax, sca1e, broker and
business) required. Additionally all members will bo expected to follow all city. county and state
health department rules,
3. Markets will begin in mid June 3nd last until ThonksSiving. Daily hours will be from 9 am to 3
!)m ~o member is allowed to sell before 9 am, nor later than 3 I'm, 54'ru~~ Off'-'!'
,
4. Each year the board will determine whet:her there is sufticiCl11local crop to impose a rule that
all produce must be Colorado produce. It bas been determined that 1998 will be a Colorado Only
year, :Even on years that are not Colorado Only, all prod\lee offered for sale must be a
commereially viable crop in Colorado (for exalllple DO limes, lemons. bananas ete.).
5. All produee must be clearly labeled either ON FARM (grown by the member) or Off FARM
(nnt erown by the member). The member doe& not need to Owt1 the land On whieh the crop was
grown, but/ae must be the one primarily respon3ible for it. Custom harvesting is not sufficient
inP\lt to make a crop ON FARM.
6. All members will submit. map, ,.nth addre&ses, of all the IlIJ1d they farm, either leased or
owned, A coPY of the lease agreement may be t9q\lired, Farm~ nmy be inspected by the board at
any lime.
7. All members must sell at I~ 60% ON FARM product. This rule may be nullified on bad
years.
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8. No new member'S will be accepted without the approval of all baud members. New
membcnhips will not b. consid",ed after Ju~ 1st, unless the board deeide~ otherwise.
1998 will be an exceptiOlllO this'rule and memberships will be considered until AUS\lst 1st of that
year. Prospective members should fill out the NBW FARM: RESUME.
9, Any member who smbarrasses the markst by failing to,pay Sales taXes, causing a di,turbance,
FROM D'ORIO'S--HILL~ RCRES
PHONE NO. 3133 5~e46
P132
, ,
ASPEN FARMERS' MARKST
NEW FARM RESUME
Please submit the fol1owinS infonnation, Feci ttc:.. to use more paper if you need the room.
I. A description of your farm, with a map and addreSlillS. Also include what crops you grCYW on
this land. and whether it is leased or owned.
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2. A description of the vebicle you intend to briug to lI!8tkllt,and the stal1d you will be setting Up.
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with specific measurements.
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3, What products will you be bril18ing to the maclcet? When do you usually start halVest ancl
when di'> you finish? Arerou opc? CertiDed7
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4. Hav. you read the Aspen :Fanners' Market Rul.. and Regulations? Can you follow them?
Would yuu Iilce to see soll1ethi~ d!~sed?
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FROM D'ORIO'S--HILLS~, ACRES
PHONE NO.
311J3 5211046
P03
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FROM
PHONE NO.
Jun. 04 1997 10'22AM P3
Page 2
selling u1l1it pmduct or misrepresentins himself or his product will have his memb<:r$hip revok.ed
with no refund of dues.
10, Late dues will be surcharged at a rate 10% of the unpaid balance per month,
11. All members will help to elean the market location. This will include all trash. not jUl>1 what
the member generatlld,
12. !fa grower elects to send an ~t to the tnQrket for him. said agent will have the rno:mber's
proxy for any is.',"es which arise at the market and need immediate attention.
13. Any member claiming to be ce:tined organic must post said eertification,
14. If a member uses scales they must be licensed and certified,
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MEMORANDUM
TO:
The Mayor and City Council C>. \, I
Amy Margerum, City Manage~
John Worcester, City Attorney /Jf/'
Stan Clauson, Community Development Directo~
Mitch Haas, Planner A~
Vending Agreement for a Farmers' Market m Resolution No. tfh, Series of 1998.
THRU:
FROM:
RE:
DATE:
June 22, 1998
SUMMARY: Pursuant to Ordinance Number 13, Series of 1998, the Community Development
Department has received an application requesting approval to establish and operate a farmers'
market in a City of Aspen right-of-way (see Exhibit A), While the applicants are seeking permission
to use East Hopkins Avenue between South Galena Street and South Hunter Street as the market
location, they would be willing to accept an alternative location if preferred by Council. Alternative
locations, along with their associated benefits and drawbacks, are discussed later in this memo.
As proposed, the market would operate on Saturdays (once per week) and be open to the public from
9:00 a.m. through 3:00 p.m. These hours would mean that the selected street would need to be
closed to vehicular traffic from approximately 8:00 a,m. (for set-up) through 3:30 to 4:00 p.m.,
depending upon the extend of clean up needed on the particular date. In addition to closing the street
to vehicular traffic during these hours, overnight parking on the chosen street would need to be
prohibited on Friday nights in order to ensure the ability to set up the market at 8 :00 a.m. the
following morning. Also, the market would begin its season as soon after approval as possible and
run through the weekend following the Thanksgiving holiday, weather permitting.
Staff recommends that City Council approve Resolution N umber ~. Series of 1998 with the
conditions outlined in the License Agreement attached the said Resolution as Exhibit 1 thereto.
PREVIOUS ACTIONS: At the September 8, 1997 City Council hearing, the Council members in
attendance expressed some interest in providing a methodology for allowing farmers' markets to
occur in the City's public streets and/or through a simplified land use review process. Having heard
and understood this, staff began to further investigate the changes that would be required to
accommodate these goals, At the October 14, 1997 Council hearing, staff put forth a belief that both
of these goals could be met by amending Section 15,04.350, Vending on Public Parks and Rights-of.
Way Prohibited. Consequently, Section Five of Ordinance Number 35, Series of 1997 included the
following language: "The City Council hereby directs staff to bring forward proposed code
amendments to Section 15,04.350, Vending on Public Parks and Rights-of-Way Prohibited, in order
to allow for the possibility of holding a farmers' market in a public street, alley or mall through a
simplified, streamlined and less costly land use review process."
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On June 8, 1998, the City Council adopted Ordinance Number 13, Series of 1998, approving a set of
code amendments that make farmers' markets a permitted use in the Commercial Core (CC),
Commercial (C-l), Neighborhood Commercial (NC), and Service/Commercial/Industrial (S/C/I)
zone districts, provided a vending agreement has been obtained pursuant to Section 15.04,350(B) of
the Municipal Code. Ordinance 13.98 amended Section 15,04.350 to allow for City Council
approval of a farmers' market pursuant to the review criteria contained therein.
BACKGROUND: There are many reasons staff feels that allowing farmers' markets is advisable,
Farmers' markets have, in other communities, been successful in helping to breathe new life into
downtown neighborhoods by generating pedestrian activity and community interaction, According
to research done by Urban Marketing Collaborative (an east coast consulting firm), farmers' markets
generally depend on local residents. That is, farmers' markets create a community meeting place;
not only do they provide an opportunity for the farming community to interact with other community
members, but they 'are also places for informal interaction and communication among the rest of the
community. A meeting place is an important contributor to the social fabric, allowing people to feel
connected to each other and their community, Therefore, allowing for the establishment of a
farmers' market in the commercial core is in harmony with the goals and vision of the Aspen Area
Community Plan', and a farmers' market would go far in supporting the concept of "messy vitality"
which is so heavily promoted by the Aspen Area Community Plan. The following passage from the
MCP's "Community Vision" statement provides the best summation/response to the question of
why should a farmers' market be located downtown:
We are seeking to create a community of a size, density, and diversity that encourages
interaction, involvement and vitality among its people, Aspen's unique spirit is in danger of
eroding into a bland and irrelevant society lacking its former character ." The image of
Aspen as an organized facade needs to be injected with a 'messy vitality' that originally
created Aspen's renowned cultural and sociological diversity. Aspen as a community should
avoid an environment that is too structured, too perfect, and that eliminates the fUnkiness
that once characterized this town.
PREVIOUS RECOMMENDATIONS: As a group, the Downtown Enhancement and Pedestrian
Plan (DEPP) task force gave their endorsement to the concept of allowing farmers' markets within
the City and downtown area. In 'general, the DEPP indicated that they would be eager to try out a
farmers' market somewhere in town just to "see how it goes," provided the ability to make changes
(including the ability to move its location) after evaluating its impacts and successes is built into the
approval (i.e" conditions of approval). Similarly, the Historic Preservation Commission (HPC)
unanimously endorsed the concept of allowing farmers' markets in the downtown area,
The comments and opinions of the members of the Commercial Core and Lodging Commission
(CCLC) were very similar to those of the DEPP task force, The CCLC also endorsed the concept of
allowing fanners' markets in the City of Aspen and its downtown. The CCLC voiced some
reservations with regard to the possibility of closing public streets for any purposes, including
farmers' markets. The reasons for these reservations, however, were not articulated, The CCLC
also suggested that it would be important to maintain an emphasis on the sale of produce,
specifically Colorado-grown produce,
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DISCUSSION: Staff hand delivered a notice to all tenants on Hyman between Galena and
Hunter as weU as to all tenants on Hopkins Street between Mill and Monarch and between
Galena and Hunter (see Exhibit B), Once the notice was delivered, a public meeting was held on
Tuesday, June 9th at 5:00 p,m. The meeting was held for staff to have a chance to hear and
understand the concerns of business owners, merchants, tenants, and citizens in general. The
foUowing is a summary of the comments made by those in attendance and the input staff
received (a list of attendees is attached as Exhibit C):
. For many reasons, the use of a downtown street is not fair to retailers that pay the high
market rents:
. it's a double standard --- retailers cannot use public streets to exhibit or seU their wares ---
why should fanners get special treatment?;
. the market would get free use of the most valuable and most prime retail space in town ---
the commercial core is the "Rodeo Drive" of Aspen;
. downtown retailers have a hard enough time with the short seUing seasons and the high
rents without introducing new competition and a market that might obscure their
locations (i.e., if parked trucks are allowed on the street, it would be an impediment to the
businesses obscured behind the trucks and would represent a changed condition of the
streets that is different from the original expectations of the business owners when they
signed their leases ---like changing the playing field in the middle of the game);
. The commercial core is not an appropriate place for a farmers' market; it belongs outside of
the commercial core:
. closing a street will eliminate much needed parking and retailers would oppose the loss of a
single space anywhere in the commercial core;
. would generate unnecessary vehicular traffic in core;
. would require clean-up and business owners would be left to deal with the mess left behind;
. a fanners' market in the core is simply not appropriate and does not belong;
. would not be enough parking close to market since a fanners' market is really not pedestrian
oriented (people will want to park their cars very close-by so that they would not have to
carry bundles of groceries far);
. A location outside the core would be better since:
. the locals do not even want to come into the downtown on the weekends;
. would be a locals' market and tourists would not be very interested (i,e., not likely that
someone who comes to buy apples, peaches, and vegetables will decide to buy a rug or
painting while in the commercial core, for example);
. parking is so limited in the core (both because use of the core would eliminate parking and
because there would not be enough parking close to the market).
As proposed, the market would operate on Saturdays (once per week) and be open to the public from
9:00 a,m. through 3:00 p.m, These hours would mean that the selected street would need to be
closed to vehicular traffic from approximately 8:00 a.m. (for set-up) through 3:30 to 4:00 p.m.,
depending upon the extend of clean up needed on the particular date. In addition to closing the street
to vehicular traffic during these hours, overnight parking on the chosen street would need to be
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prohibited on Friday nights in order to ensure the ability to set up the market at 8 :00 a.m, the
following morning. Also, the market would begin its season as soon after approval as possible and
run through the weekend following the Thanksgiving holiday, weather permitting, Since, the there is
but one weekend between the scheduled hearing date of June 22, 1998 and the Fourth of July
weekend, staff recommends that, if approved and regardless of location, the first day of operation for
the 1998 season of the Aspen Farmers' Market be set as July 11, 1998 (the first Saturday after July
4th).
There is no perfect in-street location for the establishment of a farmers' market in Aspen. Every
street will have at least some conflict or problem associated with it, but staff believes the best choice
to the one that seems to minimize the potential for conflicts and problems, While the applicants are
seeking permission to use East Hopkins A venue between South Galena Street and South Hunter
Street as the market location, they would be willing to accept an alternative location if preferred by
Council. The following is a site-by-site discussion of potential locations:
E, Hankins Avenue between S. Hunter and S. (Talena Streets:
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Of all downtown streets, it would seem that E, Hopkins Avenue between S. Hunter and S. Galena
presents the fewest conflicts. This is an east/west running street and, as such, would not inhibit
access to/from or the use of alleys, The north side of the street is lined by (from west to east) City
Hall, a park, and three historic miner's cottages (residences), The south side of the subject portion of
Hopkins Avenue is lined by (from west to east) the side of The Gap (entrance faces Galena), some
parking that can be accessed from the alley, and a commercial center (Aspen Plaza) that includes the
Aspen Daily News, a title company (pitkin County Title), a restaurant, a rug store, a furniture/carpet
shop, a flower shop, a law firm, a hair salon, and two vacant properties. Most, if not all, of the
tenants of this commercial center have expressed their support for locating the farmers' market on
Hopkins Avenue between Hunter and Galena in a signed letter submitted and circulated by the
owners of Noori's Collection (see Exhibit E), Also, the owner of the Aspen Plaza building signed
the letter of support indicating not only support for the idea but also implying a willingness to rent
the two vacant spaces with the knowledge that a farmers' market would be running in the street on
Saturdays, Tenants of the 600-block of E. Hopkins have also signed the letter to show their support.
On Saturdays, when the market would operate, City Hall, the title company, and the law firm are
closed and the restaurant is not open during the affected hours. The three historic miner's cottages
would maintain access to/from the alley serving the rear of the properties, ,
E f{yman Avenue between S. Hunter and S (Talena Streets'
The use of this particular location has been met with significant opposition from its tenants (see
Exhibit D, letters from Wind River Gallery, Don Lemos, and Pitkin County Bank and Trust).
Besides, the attached letters, staff has received phone calls voicing opposition to the use of this street
(as well as any other street, for that matter) from other tenants on Hyman such as 1sberian Rugs,
Miranda Galleries, and Huntsman Gallery. This portion of Hyman Avenue already benefits from a
high degree of pedestrian activity and, perhaps, would not be as well served by the increased level of
pedestrian activity that the farmers' market is anticipated to generate as a street like Hopkins
between Hunter and Galena would likely be.
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E. Honkins between S. Mill and S. Monarch Streets:
Since staff has not formally heard from any tenants on this street, it might well serve as a fall-back
option if it is determined that Hopkins A venue between Galena and Hunter is not, for one reason or
another, advisable. In canvassing the tenants to hand-out the notice flyer, staff heard opposition to
the use of Hopkins at this locale from two separate business owners, Other business owners such as
those of Milan's, La Cocina, Renaissance, and the Howling Wolf (all restaurants) voiced support,
but these businesses are, for the most part, not open during the affected hours,
Rio Grande/Parking Lot in Front q/Can 's Auto:
While this site is a bit off the beaten path, so to speak, for pedestrian activity, it would have many
advantages, There is more than enough room for the market, it is very close to the parking structure,
it is conveniently located for transit, there is a park across the street, and there are restroom and pay
phone facilities nearby. In addition, this site seems to be endorsed by the majority of downtown
merchants. The only obvious problem associated with this site is the fact that it is zoned Public
(PUB) and could only be used upon approval of a conditional use review application. The public
notice requirements associated with a conditional use review would, at this point in time, eliminate
to potential to have a farmers' market before the end of July, more or less effectively eliminating the
summer of 1998 altogether. If Aspen cannot accommodate the farmers' market before the end of
July, it would be reasonable to assume that the farmers would commit to another market elsewhere.
If Council feels strongly enough that the Rio Grande parking lot represents the only appropriate
location, then staff would suggest that rather than potentially lose the farmers' market for the year,
the vending agreement could be set up to allow use of a given street for the month of July while a
conditional use application is processed, It should be noted, however, that this would create the risk
of having to gain conditional use approval and would create the need for the farmers' market group
to enter into yet another timely process. Given the somewhat experimental nature of the farmers'
market, staff more strongly recommends trying out the Hopkins Avenue location between Galena
and Hunter Streets for the 1998 season, If, in retrospect, this location is found to be problematic,
then staff would steer next season's (1999) market toward locating in the surface parking lot in front
of Cap's Auto,
Paevke Wa~ner Parks:
Paepke Park and Wagner Park, like the parking lot in front of Cap's Auto, would both require a
conditional use review since they are in the Park (P) zone district. Therefore, establishing a
farmers' market at either of these sites would have the same time-related implications discussed
above in reference to the Rio Grande parking lot. In addition, the Parks Department would have
significant concerns with regard to the ability of the grasses to withstand the consistent heavy
usage. Weekly clean-up, after each market closing, would be more difficult on a grass surface
than on a concrete or asphalt surface, The streets alongside Paepke Park are lined with
residences, and are zoned inappropriately for the issuance of vending agreements, Aspen Street
alongside Paepke Park and Monarch Street alongside Wagner Park are existing, heavily used bus
routes. In terms of advantages related to these sites, both are highly visible and conveniently
located near transit. Wagner Park is adjacent to existing public restrooms and is in a highly used
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pedestrian area. Overall, staff believes these sites are not as attractive or appropriate as the
aforementioned, recommended locations,
Koch Park:
Koch Park, while a nice park, is in a residential area and is surrounded by bottle-necked streets.
Moreover, this park is zoned R-15, Moderate-Density Residential, and a farmers' market is not a
permitted or conditional use in this district. None of the existing code amendments allow for the
use of this site as a farmers' market location.
Eagle's Lodge Parkin'{ Lot:
Although an accurate analysis has not been done, staff is not sure this parking lot is big enough
to accommodate a farmers' market. This analysis is probably a moot point though, since the
property is zoned R-6, Medium-Density Residential, and a farmers' market is not a permitted or
conditional use in this district. None of the existing code amendments allow for the use of this
site as a farmers' market location.
Silver Circle Ice Rink (Lot 6 Asnen Mountain PUDJ:
The Silver Circle is an attractive, site from a locational perspective with its proximity to
downtown shopping and pedestrian areas, transit, and public restrooms. The owner of this site
no longer controls the underground parking structure associated with the St. Regis, thus, the
ability to use the structure cannot be guaranteed, The Silver Circle Ice Rink, like the parking lot
in front of Cap's Auto, would require a conditional use review since it is in the Park (P) zone
district. Therefore, establishing a farmers' market at the Silver Circle would have the same time.
related implications discussed above in reference to the Rio Grande parking lot. Furthermore, it
could be reasonably argued that both the Aspen Mountain PUD Agreement and the associated
Declaration of Restrictive Covenant for the Aspen Mountain Subdivision and Planned Unit
Development would need to be amended to allow for the farmers' market use. Amendments to
the Aspen Mountain PUD have been known to open a "Pandora's box" for Savanah Limited
Partnership, and usually consume a good deal of time to get accomplished, Besides, the site has
some logistic constraints as well; for instance, there is a railing and stairway that enclose the site
and would make the weekly set-up and break-down of the market difficult. Staff believes the
numerous "hurdles" that would be involved in making the use of the Silver Circle possible and
practical all but eliminate it from contention, at least forthis year,
The Plaza/Circle above the Rio Grande Parking Structure:
The discussion provided above in reference to the parking lot in front of Cap's Auto holds true
for this site as well, except that this location would have conflicts with the Galena Street shuttle
and police (both the City of Aspen Police Department and the Pitkin County Sheriffs
Department) usage of the traffic circle. Also, like the discussion of Wagner and Paepke Parks,
this site is grassed, making concerns regarding maintenance and clean-up very significant issues,
Again, if this site is attractive to Council, staff would suggest that it might be best suited as a site
for which further investigation might be warranted before next (1999) summer.
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"Edge" Streets, such as those located between Hunter and Sprinf{ Streets:
Hyman, Hopkins, and Cooper Avenues between Hunter and Spring Streets are zoned
appropriately (C-l, Commercial) for consideration of a vending agreement to operate a farmers
market in anyone of these rights-of-way. Indeed, the "Purpose" statement for the C-I zone
district states that its purpose it for "the establishment of commercial uses which are not
primarily oriented toward serving the tourist population." Uses on these streets vary from
residential to office to retail and restaurant. The use of one of these streets might be an attractive
way of addressing the concerns of downtown merchants while maintaining a pedestrian
orientation. Also, putting the farmers' market on one of these streets might help to breathe new
life and pedestrian activity into these somewhat underutilized areas that have historically been a
part of Aspen's downtown. Although these locations are a bit off the beaten path, so to speak,
perhaps a farmers' market could help to bring the "beaten path" to this area of the City. These
areas are not far from transit and would have no more difficulty with parking that would a core
location. Public facilities such as restrooms would not be readily available and neighborhood
concern has not been gauged. In general, staff feels that these streets present viable alternatives
and strong candidates for locating a farmers' market.
Northl.South Streets, in general:
While these streets have better and more consistent access to sunshine than do the east/west
running streets, use of the north/south streets would cut off necessary alley access. Also, these
streets (Spring, Galena, Mill, Monarch and Aspen) are often used RFTA bus routes. Hunter
Street is not used as a bus route, but serves as an important access to the alleys of commercial
core businesses,
RECOMMENDATIONS: Staff recommends that City Council approve Resolution Number...y~
Series of 1998 with the attached License Agreement and the conditions contained therein, With this,
staff recommends that Council approve the use of Hopkins Avenue between Galena and Hunter
Streets on Saturdays from 9:00 a,m. through 3:00 p.m., beginning on Saturday, July II, 1998 and
running through Saturday, November 28, 1998.
RECOMMENDED MOTION: "I move to approve Resolution Number4~ Series of 1998."
EXHIBITS:
Exhibit A -. Application
Exhibit B -- Copies of Public Notice
Exhibit C -- Attendance list from June 8, 1998 meeting
Exhibit D -- Letters of Opposition
Exhibit E -- Letter of Support
7
FROM D'ORIO'S--HILL~ ACRES
PfiJNE NO.
303 527 ~
}E)(l\~" ~A" fl
May 31, 1998
Aspen City Council
Aspen, Colorado
Q: AsplilQ Farmer.. Market
Dear Folks,
The Aspen Farmers Market Group is a small organization
of a h~lf dozen western slope growers who have, for some time,
expressed an interest in partioipating in an Aep~n Market.
Xn 1997 the Aspen City Counoil indioated a desire to try a market
the following year. Members of the. Aspen Farmers Market Group
pur.mAd the issue baginning autunm of 1997 by submitting a
Conditional Use Applioation. Mitoh Haas of Community Development
haA been kind enough to advise and guide us through the process.
In liqht of recent recommendations by the Council to sim~lity
the application prooedure the Group is submitting this letter
as an application.
we are growers ann not brokers. We strongly believe Farmers
Markets should be composeg of people who know how to farm.
All of us are experienced in thc organization of. and Lll...
participation in, Farmers Markets. For most of us i~ i~ our
livelihood. Our intent is to organize a quality market of which
ASpA" can be proud aEl well as provide us with a mean" of
distributing bur products. we propose the folIowin~ ueLQils
for the Aspen Farmers Marketl
* A one day a week sale- Saturd~ys, at least, for
the first year. Mid-June through November should
suffice for dates although November m~y be pushin~
t.he envelope. An estimated sale time of 9 ~M to
J PM i~ being propos~d.
... Onc~ ag~in, for the first year, a maximum of 20
vendors is suggested. ~hiB ia subject to evaluation
by the Group. Vendors wIll obtain business licenses.
* Our fir9t choice for lot!ation is ayman BetweeI1 !lunter
and Galena. Thore ~re other possibilities, however.
street si%e, parking, faoilities, safety and"
convenience must be addressed.
... A~rioultural produots sold will be Colorado grown.
We strongly believe that vendors must grow at least
sixty percent of wha~ they Bell.
... The Group will be rGsponsible for cleaI1up dl,lr1ng
and after the sale. evaluating and screening vendor
part.icipation as well as policing it..elf, adheLIIlg
to Aspen requirements. providing liability insurance
and compliance with Aspon/~itkin Environmental Health
DApA~tment Rule~ ~nd Regulations.
FROM
D'ORIO'S--HIL~ ACRES
PHJNE NO.
303 527 ~6
P01
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The Aspen Farmers Market Group will meet at least once
a year to evaluate and conduct business. The City may consider
assigning II liaison staff individutll as well as a. eommunity
member to the Group to facilitate communication.
we look forward to a long and r8wardin~ relationship with
the City of Aspen.
Sincerely,
The AspAn Farmers Market Group
Spokespersons: Jaek D'Orio, 4245 N Rd, l?aonia B1428 527-4046
Bill DeVries, 32 and C Rd, Grand Junction 81503
434-4670, 434-3~11
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IMPORTANT NOTICE
The City of Aspen Community Development Department is in
receipt of an application requesting approval for the establishment
and operation of a Farmers' Market in the public right-of-way
(street) during limited hours (8 a.m. through 3 p.m.) on Saturdays
from June through November. The Farmers' Market would utilize
Hyman Street between Hunter and Galena. Other potential
locations include but are not limited to Hopkins between Hunter
and Galena, or Hopkins between Mill and Monarch.
As the Department managing the review of this proposal, we
would like your input as business owners, merchants, and citizens.
A meeting for this purpose will be held in City Hall on Tuesday,
June 9, 1998 at 5:00 p.m. Your attendance and input would be
greatly appreciated and valued.
In addition, a City Council hearing regarding the proposal is
scheduled for Monday, June 22, 1998 at a meeting to begin at 5:00
p.m. in the City Council Chambers, City Hall, 130 South Galena
Street.
For further information, please contact Mitch Haas at the Aspen
Community Development Department, (970) 920-5095.
\\t\t\Q~O~U~az.\i\' 10 Au.. Te.~^t-lr~ o~ "'i~ i/~ "u.rr~~ bALalA)
~\~ 9/.,l "~~__... G~\.6'''' J Ir.~O \\oPKltl$, if.;> (f\\~ ~ ('1O~^~ ",.\
j\l~ 3, \Cflf> .
1'tWI/~{4 Of' ~on 14,lowrtahIP. 1U ::iOUtn,
Range 85'West of the 6th P.M.. For further lnfo~
1naUon contact Suzanne -, WoIH 'at the_
.A&penJPttldn. . CommunitY- ' Development'"
_ent (97<1) 92GS093d:op.esolthe pro.
posed,RI!sobJtlOb are avaiIab1e for pubJlt1nspec:~
tfop-dwing-reguJal' buslReMboura lD the.Offtce-
oJ.the Clerk and Recorder; S30 East Main Street. .
Aspen. Colorado 81611. Phone (970) 920-5180.
Jeanette Jones,. Deputy County Clerk
. s/DorotheaJ'an1s;.Chair
.' Board of CountY COdUIllsSioners
-Published in The AspesrTtme$oo'June>6. .1998.
PUBUC NOTICE .
RE: TOWNJN(l CARETAKER D\\'ELlJNC UNIT
NOTICE 15 HEREBY GIV:EN ttmt a publlc hearing
wUll;>>eheldonWednesday,-July8, 1998at.a~
ulu meeting to begin at 3:00 PM. before the
Boardoi County CommissiOneR,- Plaza One.
~~Room. 530 E.'MabiSt.. Aspen-to c0n-
sider an. appllcatlonsubmltted by', Herbert:
T:owntng. requesting to <:onstrUtt a ~,
unl;twithln an,existlng',realdebCe".1be property,
is' located at 173 Buchamm Drive and ,'IS
described as. Lot R6. StarwoQd. For further fnior.~
maUoh contact, Suzanne Wolff at . the
Aspen/P1tkln ConUnUnlty Development
Depattinent (970) 92005093. Caples.oI the pro-
,posed Resolution are available,lor-public inspec-
tion dwing..regular,business bours ilHhe Offtce
of the Clerk and Recorder, 530 East Main Street.
Aspen, Colorado816H. Phone (970) 920.s18()-,
Jeanette .JoneS, ,DeputyCounty, Clerk
s/DOrothl!a'Farri$; Chair
'Board of County Commissloner$
Publlshed-In'The Aspen1'fmes onJune6,1998-
",.'~ .. ... .. PllBUC~onCE. '
. RE"VENDINGAGREEMmt FOR A FARMERS' -
. MARKET IN THE COMMERCIAL CORE (CC)
, ZONF. D1&TRICT . .
rwIlCE IS HEREBY GIVEN that a'public hearing.
WlUbe held on Monday, JUDe 22, 1998' ata meet~
lnB-to,btgIn at. 5:00 p;m. ~the Aspen City
CouncIl. CItyCoundtChamben, CIty _ 1305,
CiaIena'St., Aspen" to cODAlde1"aD,appJkatlOn
submitted by'Th~' hspen Fllt1Del'$~' Market
Gro1lp:., Pumuant to 5e(tlon lS.04.3SO(B) of ,the
. Mulddpal Code. the' appllcant' is ,requesting
~fotthe estabUshment and operation of
,-."Fumen~ Market, lD,thepubllc rigbt-oI-way
(street) d1l1'ingllmited hours{S am to 3.pm) on
Saturdays from ,June: through November. The
proposu. requests'-'aiJprOYal to utfffze ,Hynian
"Street between: HUntei" abd' daleria. bUt 'alSo
indudes the two bacWp lotatlOQS 'Of H"opkb\s.-
between 'Hunter 'and' Galena;' or' HOpldns
,~Mlll'and'MOnarcll.'For furtherilJforlna.:
,tloh, contact MltclUlaas at the Atlpen/Pltk1ri
~.o..eJoJ>D1"'._ 130 S.
G.I"".$t.,'_CO(97<1)~, ...
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p.m. on Monday, JuDe 8, 1998; Address
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GlVEN'thatapubllc: hearing
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3O!.-,Makt,St..Aspen to.-con--
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Phone- (910) 9200S211
. Proposals shltlJ,betetumed noJater tban.2:30
P.M. on.Thursda:y;June10" 1_ AddJess,pro-
poaaIs to;,TempIe'GIaufer.,at; the above men-
tioned ......... '
PubU3hed1n The'AspenThnes on May 30 and
June 6, 1998. --
)'1JBtJCNonCE
.., RESNICK ElO'ENSION OF VESTED REAl.
PROPERTY R1G1lTS
NOTICE ISHDElWGIVEN that a pub1lc-heartng ,
wUl be held on Wednuday. JuIy.8, 1998ata:reg-
War meetingto' begin at 3:00 PM before-;tbe
Board. of.. County 'ComJl1lS:sionen. .Plaza One'
Conference Rocd. S30 E.:MalD St., Aspen to eoo..
sJder an' appJk:Itloilsubmitted by.Candaee
Resnic:k,.requesUng.,an extension of .vested_
,llUC NO'l1CE
IY OF ASPEN
WCAUC11ON. ..
DE OFnm'CJTY'OFASPEN, AND UNDER THEA1J.I'HORlZATION OF THECOL--
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.IS Wl!S'l'Of- ONHlGH'NAY 82). 'mE GATE WIU. OPEN J<F 9 AM. FOR
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lP.M. . - , .' "
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June 15, 1998
City of Aspen
Community Development Department
We are very happy with the idea of the City sponsoring a Farmer's
Market on our block and in our beautiful city.
The 500 block of Hopkins Avenue is very quiet on Saturdays and is a
perfect place to bring the Market.
We thank the city and all the merchants who are cooperating with this
great opportunity.
~r
Sincerely, .
Noori's Collection
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JUN 1S'98
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STEPHEN J HARCUS \ ASPEN
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~.
Page
STEPHEN J. MAR<''US
P.O. Box 1709
AsPl:N. COIO!Wlo81612
(910) 925-7615
(970) 920-3893 FAX
JUNE 16, 1998
TO TR~ CITY OF ASPEN
ATTENTION: MITCH HAAS
THE FOLLOWING COMMERClAL BUILDINGS GIVE THEIR FULL SUPPORT OF THE
DOWNTOWN FA~R'S MARKET TO BE LOCATtD ON THE BLOCK OF EAST HOPKINS
BET~EEN HUNTER AND GALENA,
AJAX MOUNTAIN ASSOCIATES, 5Z0 EAST DURANT ST.
ASPEN PLAZA COMPANY, 533 EAST HOPKINS
DURANT GALENA COMPANY, 450 SOUTH GALENA
SJA ASSOCIATES, 516 EAST aYMAN
J. MAIl.CUS
t-
Mitch please disregard the previous letter.
/
f"""\
i~
PUBLIC NOTICE
RE: VENDING AGREEMENT FOR A FARMERS' MARKET IN THE COMMERCIAL
CORE (CC) ZONE DISTRICT
NOTICE IS HEREBY GIVEN that apublic hearing will be held on Monday, June 22, 1998 at ~.
meeting to begin at 5:00 p.m. before the Aspen City Council, City . Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by The Aspen Farmers' Market
Group. Pursuant to Section 15.04.350(B) of the Municipal Code, the applicant is requesting
approval for the establishment and operation of a Farmers' Market in the public right-of-way
(street) during limited hours (8 am to 3 pm) on Saturdays from June through November. The
proposal requests approval to utilize Hyman Street between Hunter and Galena, but also includes
the two back-up locations of Hopkins between Hunter and Galena, or Hopkins between Mill and
Monarch. For further information, contact Mitch Haas at the AspenlPitkin Community
Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095.
stjohn Bennett. Mayor
Aspen City Council
Published in the Aspen Times on June 6,1998
City of Aspen Account
~
r"
.~
PUBLIC NOTICE
RE: FARMERS' MARKET TEXT/CODE AMENDMENTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8, 1998 at a
meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by City of Aspen Community
Development Department, requesting approval for Proposed Code Amendments to the following
Sections of the Aspen Municipal Code: 15.04.350, Vending on Public Parks and Rights-Of-Way
Prohibited; Section 26.04.100, Definitions; 26.28.140, Commercial Core (CC) Zone District;
26.28.150, Commercial (C-1) Zone District; 26.28.160, Service/CommerciallIndustrial (S/C/I)
Zone District; and, 26.28.170, Neighborhood Commercial (NC) Zone District. The proposed code
amendments would more clearly defme the term "fanners' market," and would allow City Council
the ability to issue Vending Agreements for fanners' market proposals that would use the public
streets of the aforementioned zone districts. For further information, contact Mitch Haas at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5095.
s/John Bennett. Mayor
Aspen City Council
Published in the Aspen Times on May 23, 1998
City of Aspen Account
/-
<-
~.
f""'..
MEMORANDUM
To: Mitch Haas, Project Planner
Nick Adeh, City Engin~ tl
Ross C. Soderstrom, Project Engineer ~
.
Thru:
From:
Date: January 6, 1998
Re: Aspen Fanner's Market at Library Plaza - Conditional Use Review
Physical Address:
Legal Address:
427 Rio Grande Place, Aspen, CO
Lot 2, Block 1, Rio Grande Subdivision, City of Aspen, CO
After reviewing the above referenced application and making a site visit, I am reporting the
combined comments made by the members of the DRC:
[Site conditions at the time of site visit. December 24,1997; 3 - 8 inches snow pack; some. ground
surface and features indistinguishable under snow and ice pack. J
1. Conceptual Application: At present the applicants have not proposed any site layout,
nor plan for providing site services, traffic control, parking, etc. This application has been
described as a conceptual application without necessarily intention of using this site for the
proposed Aspen Fanner's Market. As such, if the proposed use, density, location, or timing Qfuse
change, or the site, parking or utility plans for this project change subsequent to this review, a
complete set of the revised plans shall be provided to the Engineering Dept. for review and re-
evaluation. The discussion and recommendations given in this memorandum apply to the
application (dated December 8, 1997) provided for this review and such comments and
recommendations may change in response to changes in the use, density, location, or timing of use,
or changes in the site, parking or utility designs.
2. Proposed Use: The proposed change in use of this property presents a few logistical
concems related to the existing site design and how the vendor delivery vehicles and customer
traffic will be directed into the property and the coordination with existing uses in the vicinity.
Topics of concern are:
A) How and where will deliveries be made to the venders?
B) Where will customers enter and exit?
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DRCM2497.DOC
...t.
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"......,
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Memo - Aspen Farmer's Market at 1. ,.y Plaza - Conditional Use Review
("',
C) Will utilities be needed by the vendors or customers? How will they be provided?
D) Provide a proposed site plan, drawn to scale, including locations of vendors,
parking, garbage, emergency access, parking and access for essential
services.
E) How will police and sheriff officers have access to their parking areas while keeping
other vehicles out?
F) Who will erect the street barricades and where will they be stored when not in use? .
G) Who will clean up trash and debris from the vendor's area and the street and alley?
H) How will they maintain access to the library? To the bank and its parking lot?
I) Who will perform snow and ice removal of the plaza and alley and to where in the
winter?
1) Will they setup on the lawn or the bricked area? Who will re-store and maintain the
lawn area after heavier and increased foot traffic? Who will repair the lawn
sprinklers if damaged by vehicles?
K) How will this coordinate with the Galena Street Shuttle in the roundabout in late
November?
L) How will customers be directed to parking and where will they park for short term?
M) How will the Aspen Fanner's Market be billed for water usage?
N) Will there be permanent or temporary improvements to the site?
3. Utilities and Public Services: Generally the necessary utilities and public services
are in place to serve the proposed use at this location. The trash disposal service will need to be
coordinated with the neighboring properties served by the alley. Any trash disposal containers
should be kept on-site and not placed in the vehicle access routes.
4. Alternate Sites: Understanding that this is a conceptual application for this
conditional use, there are several other locations in the city which may be more appropriate.
Generally, the topics of concern listed above will need to be addressed in any I~cation where a
fanner's market is setup on a public street. Desirable characteristics for the location would include
low traffic volumes on the street proposed to be closed; located outside of residential
20F3
DRCM2497.DOC
f"""\
Memo - Aspen Farmer's Market at L j Plaza - Conditional Use Review
~
neighborhoods; corivenient short term parking; and the ability to have drive-up loading areas for
customers to load their purchases to their own vehicles.
DRC Meeting. Attendees:
Applicant: no one
Staff & Review Agencies:
Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom
3 OF3
DRCM2497.DOC
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.1"'""'\
~
MEMORANDUM
To:
Mitch Haas, Comntunity Development Department
From:
Lee Cassin, Assistant Environmental Health Director
X'fC
Date:
December 19, 1997
Re:
Aspen Farmer's Market on Rio Grande Parking Structure
Parcel ill # unknown
-----------------------------------------------
-----------------------------------------------
The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the
Municipal Code of the City of Aspen, and has the following comments.
The application is lacking in enough details for us to determine what requirements the state health department
regulations will impose. To determine whether any state regulations apply, we need a list of types of items to be sold
(whether the market will be limited to fresh produce, with no prepared food or drinks). If food other than fresh
produce is sold, the state food service regulations will most likely apply and the applicant should contact this office for
further information. If only fresh produce will be sold, the operators will need to provide handwashing facilities and
determine what nearby restrooms its employees will use. The applicant should contact our office for information on
how to provide handwashing if the operation is limited to fresh produce.
SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of any
building used for residence or business purposes within the city to construct or reconstruct an on-site sewage disposal device. II
Restroom facilities for use by the employees are not discussed in the application.' There are nearby public restrooms
which the employees will probably use and these should be designated by the applicant.
ADEOUATE PROVISIONS FQR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like
within the city limits which use water shall be connected to the muniC~pal water utility system. n
We cannot comment on water needs until we know whatfoods will be sold.
WATER QUAliTY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipai water supply
from injury and pollution, the city shall exercise regulatory and supervisory, jurisdiction wi~ the incorporated limits of the
City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above
the points from which municipal water supplies are diverted. II .
We do not anticipate any water quality impacts from this use.
AIR QUALITY: Sections 11-2.1."1t is the purpose of [the air quality section of the Municipal Code] to achieve the maximum
practical degree of air purity possible by requiring the use of all available practical methods and techniques to conh-ol, prevent
and reduce air pollution throughout the city..." The Land Use Regulations seekto "lessen congestion" and "avoid transportation
demands that cannot be met" as well as. to "provide cl~an air by protectirig the natural air sheds and reducing pollutants!!.
The major air quality impact of any project is the emissions resulting from the traffic generated by the project. This
project is well-located to allow patrons to park in the garage and buy their produce, which would minimize congestion
and idling. It seems most likely that trips to this market are less likely to be special trips, and more likely to be linked
trips, than is the case in many other developments. And the trip distance off of Highway 82 is minimaI. A farmers
1
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~
market use is consistent with measures that have been found to reduce traffic elsewhere, in that having this use close to
where people live allows it to be accessed by walking. To the extent that people can use this facility instead of driving
to Buttermilk, trip distances. would be reduced.
CONFORMANCE WITH OlliER ENVlRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental
pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the
residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible
noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels."
It is not likely that this project will generate significant noise impacts. There should be no amplified music associated
with this use.
,
2
DEC 29 '97 01: 04PM ASPEN HOUSING OF"C
.,....,
P.l
~
,
MEMORANDUM
TO:
FROM:
DATE:
RI:i:
Mitch Haas, Community Development Department
Cindy Christensen, Housing Oflice
Oecennber29,1997
The Aspen Farmers' Market Application
,.
ISSU&;: The applicant is requesting a Conditional Use approval for a Farmers' MllIket to be
. located on the top of the Rio Grand Parking StructUre.
RACJ(GROUND:
The application related to Attachment 4, which addressed the need for housing of employees.
Attllchment4 was not included in lhe.packetgiven to Ihe.Housing.Office, therefore, I do not know
how the applicant responded tq housing mitigation for employees. As sean in lhe Roaring Fork
Valley and in !he papel'8, there Is a desperate need for affordable housln". Jobs far out weigh
housing. Since a farmel'8' market is a nlilW type tlf business in me Aspen area. lhis is not
addressed in the Code.
RECOMMENDATION:
Although there is no wS'i of determining if any hOUSing should be mitigated, once thE! Farmel'8'
Mar1fet opens, the Housing Office recommends reviewing what type of groups ulIIize the Farmers'
Market. if any one is employed on. 8. permanent-type besiS, etc. ,The Housing Office recommends
!hat lhe decision of "no mitigBlion required" should not be decided at this time.
."""
r)
Memorandum
TO: Mitch Haas, Community Development
FROM: Rebecca Schickling, Assistant Parks Director
DATE: December 24, 1997
RE: Aspen's Farmers' Market Application
CC: Engineering Department
We have reviewed the application submitted for conditional use review for the
Farmer's Market to be located on the parking plaza. The application makes no
reference as to how the market will be set up. Will they be driving on the plaza or just
setting up tables on the plaza? If they are driving then they must stay on the bricked
area. Additionally, the vendors must make provisions to remove any trash generated
by their operations, possibly by providing small, removable trash receptacles with each
vendor if necessary. It is very important that the market be set up so as to discourage
people from parking in the circle. Both the Galena St. Shuttle and the public safety
departments (police and sheriff) utilize the circle and the area needs to remain free of
vehicles "just stopping for a minute to pick up a few items". It is our suggestion that
the Silver Circle Ice Rink may be a more appropriate location to try initially. It is close
to the bus, there area a few short term parking spaces and it is centrally located
downtown. .
1""'1
,
.~
"
.
MEMORANDUM
,THE CITY OF ASPEN
ASPEN POLICE DEPARTMENT '
TO:
FROM:
RE:
DATE:
Mitch Haas, Planner
Becky Blahle, Asst. Chief of Police ~
The Aspen Farmer's Market Application
December 23,.1997
On behalfof the Police Department I will communicate our primary concern related to
parking, loading and unloading. I believe the vendors will want to park as close as
I , ' , _
possible to the Aspen Town Plaza to unload their wares as will patrons who make large
purchases. The "circle" near the Courthouse becomes quickly congested when a number
of vehicles stop curbside. Additionally, if the Galena Street Shuttle is operating on
Saturday, congestion will be magnified. ..
/
We request a concerted effort in the planning of the potential parking, congestion.
,
Thank You.
506 EAST MA1N,. SUITE 102 . ASPEN, COLORADO 81611 . EMERGENCY 911 . AOMINIST1ZATlON 970.920.5400 . FAX 970.920.5409
Printed On ",,,ycled p~pcr
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ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611-1975.
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
ASPEN POLICE
DEe 22 1997
DEPARTMENT
TO:
Plans were routed to those departments checked-off below:
i(........... City Engineer
II' ........... Zoning Officer
fit........... Housing Director
-.iI ........... Parks Department
g........... Aspen Fire Marshal
o ........... City Water
o ........... Aspen Consolidated Sanitation District
o ........... Building Department
J!t ........... Environmental Health
o ........... Electric Department
o ........... City Attorney
/I........... Streets Department
o ........... Historic Preservation Officer
JiI'........... Aspen Police Department
~........... Transportation/Parking
FROM:
Mitch Haas, Planner
RE:
The Aspen Farmers' Market Application --- a conditional use review
for the.plaza on top of the Rio Grande Parking Structure.
DATE:
December 18, 1997
REFERRAL SCHEDULE
DRC MEETING DATE:
ENGINEERING REFERRAL DUE TO PLANNER:
OTHERREFERRALS DUE TO ENGINEER & PLANNER:
December 24, 1997
January 2, 1998
December 31, 1997
Attached for your review and comments is an application submitted by Bill DeVries and
Jack D'Orio. Please complete and return your referral comments according to the
deadlines provided above.
Thank you,
Mitch.
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CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPT.
130 S. Galena SI. Aspen, CO 81611-1975 (970) 920-5090
AGENCY REFERRAL FORM
The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your
comments are an important part of the evaluation process. In order to review all appropriate agency comments
anqigsgwpfate'lh'Eim into the staff evaluation, your written comments are due back to this office on
. Parcel iD No.... i 1'~~I.i!$t.;N.;t$.1'?1l$A$EI\l9TE!!ii;i .......91
: .'::ase I'i.;nloer: _,~~~,~-; j ,.Applicants ():" ~helr "eorese'"!:at;ves ~re
~c:te Sen:' ._Q~C.~.IT!l{~r...1e.:.J~J.9?_.._, ...-i !er.ccuraget1 to C:1u:en~ the DRe meeting in
Heanry ::late ~Q1Y.et ~.et ._. ._' .~n.~ ~ \ discuss ::!.e pr~lec:. T1e DRe r\/1ae:ir.g nas
: JRC r.:ieering Date: _f1.e!-:;.e~r.::e~..(..?. ~"H.9':__A . :! b CI c: .........., I.'" :0'" \/.. 'n.::!I..:"':":" """'ECEMBER
_ f . .,... ",.,.'. . : e..n _c ..;::::........(:... . .~...:a 1....Uc::.'{. ~._ ,. ..._
E~a:r.e.:~:-!!~.:l ~~~.err;::! Due: to P!anne": .JeQ.uary' L. ;~:,t8 . i24th -........ ..... ,..... R -
......_.- ..~~r-:''''. ~..... E .,..:::o.::.ri . -.....,.: ';:r:l~.3.-1 ..1997 : ,: -. _ai l.. "t.t:r;;;"':~e~.stc.;"...,:e5. Gc:"'.:n
',.J.ne. .,\c.t;I'.-.dS \..Ide'.O ._"gl..o::.._.,ng.._~i..~"'(.~r.::"'~r.I".. :.,_. _. _'._ I J'''':'v Hal'
.....,... ...1
--.-.-..-..-...-..-...-.--...-.--. -- _..-_...-~ ~_.:....._----- ------..-...--
Planner: Mitch Haas Phone No. 920-5095 Fax No. (970)920-5439
Applicant: Aspen farmers' market Group Phone No. Fax No.
Representative: Bill DeVries & Jack D'Orio Phone No. 970-527-4046 & 970-434-4870, respectively
Location of Property: Galena St. Turn-Around/Plaza; 427 Rio Grande PI. (Lot 2, Rio Grande Subdivision)
Summary of Request: Conditional Use Review for a Farmers' Market
Residential Units: 0 SF: 0 MF: 0 Affordable: 0 ADU: 0
Acreage/Square Feet: FAR Allowed: FAR Proposed:
Zoning: Existing: Public (PUB) Proposed: same
.
REQUESTS TO BE PROCESSED
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Amendments GROWTH MANAGEMENT Q.S. Site Plan Review
Text EXEMPTION Special Review
Map ResidentiallTourist Ac~om. Special. Planned Area (SPA)
f- -- - -", --...--. ,,, ....,,1 I"
" '" .. "
f- ." ;
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Appeals Exemptions LOT SPLIT
ii$lltj9qjIQ~gK;rWHM1' Minor Condominiumization
-
~:::;::.: Conceptual Timeshare -
Final Final Plat
Other Landmark Temporary Use
Environ. Sensitive Area Landmark Lot Split Variance
:::;:::::;::$:~~::M.wg,t~MHl1~WgM& Demolition/Relocation
... .804PG.(ifflJlinefflll(JIWI\................. ...... Significant w/SPA or PUD
Exemption Ord. 30Residential Review
View Plane Review Planned Unit Development
/Exemption Conceptual
Hallam Lake Bluff Final
Exemption
SPECIAL ISSUES:
.& Agency
.". Issues: When reviewing the application, please determine what, if any, additional submittal trequirements you
might need (not simply those you have on a list), as well as what sort of conditions you would recommend.
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PRESS RELEASE
TO:
Kevin Tripp, Aspen Daily News
FROM:
Mitch Haas, Aspen City Planner
The Aspen Farmers' Market
RE:
DATE:
July 8, 1998 .
We are excited to announce that the very first day of the Aspen Farmers' Market is set for
this coming Saturday, July II, 1998. The market organizers and City staff would greatly
appreciate it if you would be so kind as to run an article reminding the community of this
event and some particulars to make note of, including the following:
· The market will start relatively small, with between seven and ten vendors for at least the
first week, but will have the potential of growing to include up to but not more than
twenty vendors in coming weeks.
· The organizers of the Aspen Farmers' Market are Jack D'Orio ofPaonia and Bill
DeVries of Grand Junction, both of whom are farmers and have extensive experience
with farmers' markets in Colorado. Additional vendors will be coming from Palisades,
Silt, Woody Creek, and other parts of Colorado's Western Slope.
. Almost all produce sold will be grown in Colorado and by the vendors themselves.
· The market will be located on Hopkins Avenue between Hunter and Galena Streets.
· At least for the first week, we can expect to see a few trucks parked along the sides of the
street, with the larger trucks on the City Hall (north) side of the street. The trucks will, in
many cases, have awnings that come down off the side of the trucks and cover the stand,
which should make for a colorful street scene. The pedestrian circulation area will run
down the center of the street.
. The layout of the market is subject to change from week-to-week depending upon
response and functionality, until the most acceptable and appropriate layout is
determined.
. It will open for shopping between 9:00 a.m. and 3:00 p.m.
· The street will close between 7:30 a.m. and 8:00 a.m. to allow for the set-up ofthe
market, and will remain closed until roughly 4:00 p.m. to allow for break-down and
clean-up activities.
· Overnight and morning parking on the affected portion of Hopkins Avenue will be
prohibited on Friday nights and Saturday mornings during the market season. Any
vehicles parked on the affected portion of Hopkins at these times will be towed. This
will also be true of the alley behind City Hall.
· There will be no refrigerated trucks; rather, the trucks are insulated such that they will
not need to be idling at all during the day.
We hope everyone enjoys the market thoroughly, and ask only that it be kept safe and refuse
be placed in trash receptacles.
I will be glad to answer any questions you may have or offer any clarification you may need.
Simply give me. a call at 920-5095.
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W NlMA, INC.
MOORI'S COLLECTION
.. E. HOPl<INS_
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June 18, 1998
City of A-speh...'"
Community Qevel<?pment Department
We are very happy with the idea ofthe City sponsoring a Farmer's
Market on our block and in our beautiful city.
The 500 block of Hopkins A venue is very quiet on Saturdays and is a
perfect place to bring the market.
We thank the city and all the merchants who are cooperating with this
great opportunity.
Sincerely,
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Noori's Collection
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City of Aspen
Community Development Department
We are very happy with the idea of the City sponsoring a Farmer's
Market on our block and in our beautiful city.
The 500 block of Hopkins Avenue is very quiet on Saturdays and is a
perfect place to bring the market.
We thank the city and all the merchants who are cooperating with this
great opportunity.
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City of-Aspen
Community Development Department
We are very happy with the idea of the City sponsoring a Farmer's
Market on our block and in our beautiful city.
The 500 block of Hopkins Avenue is very quiet on Saturdays and is a
perfect place to bringthe Market
We thank the city and all the merchants who are cooperating with this
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great opportunity.
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Noori's Collection
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JUNE 18, 1998
MlTCH HAAS
ASPEN COMMUNITY DEVELOPMENT DEPT.
130 SO. GALENA
ASPEN. CO 81611
SUBJECT:
FARMERS' MARKET
MR. HAAS:
WIlli REFERENCE TO YOUR NOTICE RE: THE ABOVE SUBJECT, PLEASE BE ADVISED THAT
THE PRlNCIPALS OF O'LEARY'S HAVE NO OBJECTION TO THE PROPOSAL UTILIZING
HYMAN STREET BETWEEN HUNTER AND GALENA.
I OFFER TIllS OPINION SINCE I WILL BE OUT OF TOWN DURING THE SCHEDULED CITY
COUNCIL MEETING ON JUNE 22, 1998.
~
ROWLAND KRUPP
O'LEARY'S PUB & GRILLE
OWNER / MANAGER
High Country Enterprises
. 521 East Hyman Avenue
Aspen, Colorado 81611
ASPEN CHAMBER RESORT ASSOC;:;-;ION, INC.
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June 22, 1998
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Mayor John Bennett
City of Aspen
130 South Galena St.
Aspen, CO 81611
RE: Proposed Aspen Farmer's Market
Dear John:
As the retail representatives on the Aspen Chamber Resort Association (ACRA) Board of
Director's, we would like to provide you with several comments regarding the proposed
farmer's market in Aspen. Because the ACRA Board of Directors next regularly
scheduled meeting is not until July 27, 1998, the Board has not been able to discuss this
issue in detail. We have faxed a letter to the Board members outlining our concerns, and
have incorporated their comments into this letter.
The City Council has scheduled a public hearing this evening to consider an application
submitted by the Farmers' Market Group, The applicants would like to operate a farmer's
market on Saturday's from June through November from 8 AM - 3 PM. It is our
understanding that the City is seriously considering the request to close Hopkins Street
between Hunter and Galena Streets for the farmer's market. The application also
includes two back-up locations: Hyman Street between Hunter and Galena Streets, or
Hopkins Street between Mill and Monarch Streets.
The concern that we share is not the concept of a farmer's market, but the proposed
location. It is inappropriate to close down existing streets in front of established
businesses for the farmer's market when better locations exist for the farmer's market.
Businesses along Hopkins Street pay considerable rents for their space, and expect to
have the streets open for parking and traffic flow.
The placement of the farmer's market on Hopkins Street (or other public right-of-way in
the commercial core) would remove approximately 30 parking spaces, and increase the
demand for parking. The City spent several years analyzing and researching traffic and
parking patterns before it instituted the paid parking plan. We have had many citizen task
forces, committees, open houses, forums, surveys, and public hearings to review and
recommend improvements to our downtown infrastructure. A comment that was echoed
over and over was that there would be "no net loss of parking" in the commercial core.
The closing of existing public streets does not serve the interests of the community when
off-street, vacant, and accessible sites could be utilized.
The farmer's market vendors will also be given prime retail space with no rent. Why
should these vendors be allocated prime retail space on a temporary basis in front of
stores? As retail business owners, we must pay for a variety of expenses associated with
1
425 Rio Grande Place, Aspen, Colorado 81611 '" Telephone: 970/925-1940 '" Fax: 970/920-1173
Internet Address: http://wvvw.aspen.com
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the operation of our retail stores, and the location of the store is factored into the amount
of rent we pay.
The proposal to locate the market on Hopkins Street, or on other public right-of-way must
be reconsidered. There are numerous locations in town which are more suitable for this
type of operation, and have the necessary infrastructure to accommodate these uses. Sites
that are off-street, vacant, and accessible are better suited for this proposal. For example,
the park adjacent to the library (above the Rio Grande parking structure) is under-utilized
and vacant. A great benefit is that the parking structure is adjacent to the park, and
available for patrons of the farmer's market. Existing traffic patterns would not be
disrupted and downtown parking spaces would not be lost. Established businesses would
not be directly impacted, and the farmer's market would be easily accessible to everyone.
Another potential location for the farmer's market is the Silver Circle ice rink. One of the
conditions of approval for the Aspen Mountain PUD required the applicant (Savanah) to
record a deed restriction on this property. The deed restriction stated that the property
(Silver Circle ice rink) was for a community park, and this site would be available for
community use.
We are requesting that the amendments to the Municipal Code include language that
permits farmers' markets in areas zoned public (PUB) and parks (P). The proposed
Ordinance #13, Series of 1998, only permits vending agreements for farmers'
markets on downtown streets in the commercial core. Additionally, the Public and
Park zone districts should be amended to allow farmers' markets to operate as permitted
uses. The City Council must provide flexibility when it considers the location of the
farmer's market. If the farmer's market experiment is not successful in one particular
location, wouldn't it make sense to secure locations other than downtown streets? Why
would the City Council approve text amendments to the Municipal Code that exclude
parks and other public places as potential locations? We should provide text amendments
that address the needs of the community, as opposed to the needs of one applicant.
We consider our requests reasonable, and believe that better locations exist for the
farmer's market. The concept of a farmer's market is exciting. We would ask that the City
Council seriously consider our recommendation to place the farmer's market on sites that
are off-street, vacant, and easily accessible to everyone.
Thank you for your consideration.
Sincerely,
~~~
Steve DeGouvela
ACRA Board of Directors
Retail Representative
~~
Evan Griffith
ACRA Board of Directors
Retail Representative
2
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June 22, 1996
Ms. Diane Moore, E;xecutive DIrector
Aspen Chamber Resort Association, Inc.
425 Rio Grande Place
Aspen, CO 81611.
III
ASPEN' PITKIN
Re:
Proposed Aspen Fanners' Market
COMMUNlIT DEVELOPMENT DEPARTMENT
Dear Diane:
The City lias received a letter from Steve DeGOuveia and'Evan Griffith as ACRA retail
representatives regarding the proposed location of a fanners' market in the commercial
core. We appreciate memoersonhe ACRA Board taking the time to explain their
concerns. City staff is aware that there really is no perfect location --- one which would
not liave the potential of adversely affecting anyone --- for the market, but staff believes
that on balance a fanner's market would have more beneficial effects than negative ones.
We would like to take this opportunity to brietTy explain the rationale behind supporting
the use of Hopkins Avenue between Galena and Hunter Streets for this season. .
Moreover, if should be pointed out that a code amendtnent, as recommended in the letter,
making the use of the Public (PUB) and Parks (P) zone. districts for the establishment of a
flirrners'marKethas already been adopted by City Council (Ordinance.Number 35, Series
of 1997). Ordinance Number 35-97 makes fanners' markets a conditionaf use in the .
Public (POB) and Parks (PJ zone districts. This means that an application to .set ,up a
fanners' market in an area zoned Public or Parks would be required to go before the
Aspen Planning and Zoning COll1l11lSSlonror a duly noticed public hearing in order to gain
approval. This ordinance coexists with the recently adopted Ordinance 13-98, which
makes it.possible for a vending agreement to be issuedoy City Council for the
establishment ofafanners' market ina public street in the Commercial Core (CC),
CommercIa! (C~ 1), 'NeighborhoodComrnercial(NC), and Service/CommerciaJ/Industrial
(S/C/I) zone districts.
It is acceptedtliat the establishment and operation ofthe fanners' market is an experiment
this season. This experiment is one that the merchants on the affected block of Hopkins
Avenue are not only v.Wling to try,but are actively pursuing. The Community" .
Development Department is in receipt of a letter .endorsing the use of Hopkins Avenue,.
and said tetter is signed by approximately seventy (7.0) downtown merchants, business
owners, property owners, and tenants, including all'ofthe merchantswhose businesses
front on the most affected section of Hopkins Avenue (the 500 block). .
Staff agrees that alternative locations are worthconsidering~ However, at Council
direction, staffdeveloped an alternative using city streets because it was felt that a street
location would be an even better one for a fanner's market. This is consistent with the
establishment ofsuccessfulTlirrner's marKets in many communities, for example, San Luis
130 SoUTH GALENA STREET . ASPEN, COl..ORAoO 81611.1975 . PHONE 970.9205090. FAX 970.920.5439
PTinted on Recyded Paper
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Obispo and Santa Monica. Because of the focus on a street location, additional permitting
would be required for an off-street location. For instance, the Silver Circle Ice Rink and
the Rio Grande Parking Lot (plaza aDove and surface lot in front) are zoned Park and
Public, respectively, and would, therefore, require a conditional use review. Given the
legal notification requirements, it would not be possible to complete such a review until
the end ofJuly, 1998.
Stafffeels that between the cfeli1.y tliat woulcfoe involved in using one of the alternative
sites mentioned in your letter and the eagerness of the merchants on the 500 block of
Hopkins to try using their street, itwouIdbe advisable to let the experiment run its course
for the 1998 season on Hopkins Avenue. .Regardless of which site gets used for the 1998
season, City CounciIwouldmaintaiil tlie authority to move the market to an alternative
location next season (1999).
We hopetliis letter gives you a better umferstandlng ofthe reasons that City staffis
supporting the closing of Hopkins Avenue between Hunter and Galena Streets for'fhe
operation ora. rarmers'n:iarKet. The marKet is proposed to take olace on Saturdays
between the hours of9:00 a.m. and 3:00'p.m. from July 11, 1998 through November-28,
1998. For further iirlOrmation regarding tlie staffrecommendation, please refer to the staff .
memorandum to the Mayor and City Council dated June 22, 1998. We are delivering a
copy ofthe memorandum to your attention oyhandtoday.
Mitch Kaas,
Planner
Cc: SIeve DeGouveia
Evan Griffith, ACRA Board
Mayor Bennett
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June 19, 1998
WHAT I CAN DO FOR THIS
FARMERS' MARKET
I can do for the Farmers' Market what I've done for the
fruitstand at Buttermilk for years. I can make available to my
community the cream of the crop of Colorado grown produce.
The nutritional content, size, color and flavor vary greatly in all
produce. I imagine that all farmers want to grow the best possible but
are limited by their soil, localized weather and farming techniques.
Some people grow excellent peaches but ordinary apples, some are
good with corn but excellent with tomatoes and poor with pepper.
There are varieties of apricot great for canning but are so delicate they
can't be transported. Others have that great sweet tang when fresh, but
lose it when dried. Some people have a honeydew melon to die for
early in the season but late season their junacanary or honeyloupe
reign supreme and the next year its the cantaloupe that best.
What I can do for the Aspen Farmers' Market is what I've
always done for the fruitstand at Buttermilk - get the best produce
from the best growers at the best times and have it all in one place for
the greatest community of fresh fruit and vegetable lovers.
Matt Wheeler
925-9259
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JUN 1 9 1996
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COMMUNITY DEVELOPMENT
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:. :;::::.: ,L.:::.::. . Farmer's market on a City street, I'm writing so that my comments may be read and ",
.. () tC<:":ente~ into the record. .
, .:;' ;J~ ji'<,=, ),':;.':" .;-:"",'~ :..... . ,:' ~':, ~ " :;
'..,)r'J.i:: ll!m the bus~ oWner 9faparking lot, at 531 E. Hyman Ave. The dri~y for
, ..'..1 ,\: '::.f . ,,' > e~ering ~ depaning lite lot is off of Hyman Ave. I have eonlractc<l wit~ individuals
-" i:, .. .~.:,:: :'. re~ting spaclng.theie to provide 24 ,hour availability, 365 days a year.. . .:' " ...
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,> ; ;',: ;., .If .HYIl!8n Av~. were el~ .~~~n Galena St. and liWller SI..nlY busiDess. would in
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..1 U"'L\':;~: .Whilerinin sUpPort or II Fmrs. M~ct, I feel it would.be best lOOlred ~ llpllK;e that
.. :,'2 ('k~'.) wo\Jlq ilQt !l.ayea negative aftect oti al~ established businesses, and this ~uld be
.t:; H':::;;,~~~~:~~~~~.;rowrltoWrico,.:~ . "', '
.. . ;.:, f j '::<. ;<:':~kS ~ryoUt supPort of my SQggest(ons, Good luek with the venture. ...
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JUN 84 '98 12: 03PM PI~ COUNTY BANK
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CHARLES B, ISRAEL
Prui<leat
.Tune 4,1998
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Dear Mr, Haas:
I ~ the COlIl:ept of having a Farmer's Market dinlctIy in from of our
b8llk on Hyman Street between Hunter and Galena streets is about the
most ridiculous idea the City of Aspc bas yet eIltertaioed.
It would et1i=ctively disrupt any busiDess acti\lity our bank: chooses to do on
Saturdays.
As property ownc:r& ad businesa operatOl:s, I would like to WIll tile ume
street cue day each week from .Tune' through November without paying the
property taXIl&, utility c!larges and Olher operatioll8l eoltS we pay daily fur
the priyi1ege ofn.uuUng a buliDaa iD. Aspen.
Iftbere is to be a market in Aspen it should be coaSned to the otber usable
areas. i. G., the Buttermilk parkillg lot or City Parb where 1,1o..n..e-"es are
not put through the burden of c10sins clown to Tacilitate this ~
activity.
How do you flseI about alJowiua IocalIlllll'Cbanta in the downtown eore the
tight to move their wares iuto their street for the pmpoJe of sales?
S!ncerelY.
/iMh. ..
Charles B. Israel
Pfe8ident
au E. HYlllAN AVE. . P.O. BOX 3877 . ASPEN., COLOBADO 81812 " 9'lll~
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970-925-3919 . HOME PAGE: 'IN"i:n.dr:i.vergallery.coxn
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ATTACHMENT 1
LAND USE APPLICATION FORM
1 )
Aspen Farmers Market
Project Name
2) Project Location Aspen Town Plaza, 427 Rio Grande Place,
Rio Grande Subdivision Lot #2
3 )
5)
4) Lot Size
Present Zoning
Public
N,A.
Applicant's Name, Address & Phone #
Aspen Farmers Market
Group,
6) Representative's Name, Address & Phone # 1) Jack D'Orio, 4245
N Road, Paonia, CO 81428, 970/527-4046, 2) Bill DeVries, 32
and C Road, Grand Junction, CO 81503, 970/434-4870, 3511
7 )
8 )
Type of Application
Conditional Use
Description of Existing Uses
Existing use is a small public
plaza above underground parking structure. The parcel belongs
to the City of Aspen
9 )
Description of Development Application
N.A.
10) Have you attached the following?
X Response to Attachment 2
N.A. Response to Attachment 3
N.A. Response to Attachment 4
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Conditional Use
Land Use Application
Farmers Market
December 8. 1997
Ordinance #35, Series of 1997, allows for a Farmers Market
in the city of Aspen beginning in the spring of 1998.
The purpose of this application is the establishment of
the Aspen Farmers Market on the subject parcel (427 Rio Grande
Place, Rio Grande Subdivision, Lot #2). Commencing approximately
June 1 and terminating November 30, suggested hours will be
7 AM to 2 PM. Initially, the market day will be Saturdays with
the possibility of including an additional day at some future
time.
The Aspen Farmers Market Group will be the responsible
entity for organization and control of the market. Composed
of local growers, the Group will be drafting policy on the
following:
Working in concert with City rules and regulations.
Recruitment of members and size of the organization.
Collection and payment of fees, taxes, etc,
Public relations, insurance, advertising.
Collaboration with the city on location, setup and
cleanup of the site.
Products to be marketed.
The intent is to keep the organization as simple as possible
with a small number of directors to act on policy, Still in
its inception stage the Aspen Farmers Market Group will probably
meet annually to discuss its future.
The initial phase of this application has been drafted
by just a couple of growers with the good wishes of several
other interested producers. Once the ground work has been laid
we anticipate a rapid increase in interest.
Finally, we suspect that this application will be an
academic exercise since the city leaders have indicated an
interest in utilizing a public street for the Farmers Market.
Roping off a city street would be a more practical location
for the market.
We hope all appropriate issues have been addressed in this
application. Attachment 4, paragraph E speaks to the need of
housing for employees. We do not foresee the Aspen Farmers
Market Group employing anyone at this time. If we have
inadvertantly omitted any pertinent documents or facts please
call or write us.
.'-'
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page 2
Sincerely,
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Bill De ri~
DeVries Farm Market
32 and C Road
Grand Junction, CO 81503
970/434-4870, 970/434-3511
Enclosures:
Land use Application Form
List of property owners within 300 ft
Vicinity map locating subject parcel
Letter from City of Aspen regarding ownership
of the subject parcel
(\.
16 December 1997
TO: Stan Clauson
Community Development Director
City of Aspen '
RE: Authorization for Land Use Application--Fanner's Market
'''n
.
THE CITY.OF ASPEN
OFFICE OF THE CITY MANAGER
As City Manager, I hereby authorize Bill DeVries and Jack D'Orio to apply for Conditional Use
Approval to use the plaza area on top of the Rio Grande Parking Garage for the purpose of
establishing a fanner's market. This authoryzation does not confer any promises or obligations
. with respect to said Land Use-Application. The City of Aspen, as owner of the subject property,
shall incur no obIigatiOldor any costs relating to the land use approval process, except as may be
. speyifically authorized by the City Council.
Very truly yours,
/t~ Z~~ ,h-,-
Amy . Margerum, CIty Manager
cc: John Bennett, Mayor
John Worcester, City Attorney
Printedon~cycledPaper.
.
130 SoUTH GALENA STREET ASPEN, COLORADO 81611-1975 . PHONE 970.920.5212 . FAX 970:920.5119
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