HomeMy WebLinkAboutordinance.council.023-04ORDINANCE NO. 23
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF ASPEN, COLORADO,
TO AMEND LAND USE CODE SECTION 26.470;0~0, GROWTH MANAGEMEN~
EXEMPTIONS, AND LAND USE CoDE SECTION 26.575.030(A)(10), oPEN SPACE
COMMERCIAL RESTAURANT USE,. TO CREATE A REVIEW PROCESS FOR
SEASONAL OUTDOOR IN
WHICH AFFORDABLE HOUSING MITIGATION REQUIREMENTS ARE W~¥ED;
AND DECLARING AN EMERGENCY.
WHEREAS, the Commercial Core and Lodging Commission (CCLC) indicated to the
City Manager's Office that they would like to provide the ability for retailers and restaurants in
the Commercial Core to do seasonal outdoor food vending; and,
WHEREAS, amendments to Title 26, the City of Aspen Land Use Code are required to
provide such allowances for outdoor food vending; and,
WHEREAS, the City Council finds that the proposed code amendments to Sections
26.470.070, Growth management exemptions, and 26.575.030(A)(10), Open Space Commercial
Restaurant Use, meet or exceed all applicable amendment standards and that the approval of these
code amendments are consistent with the goals and elements of the Aspen Area Community Plan;
and,
WHEREAS, the City 'Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and
WHEREAS, pursuant to Section 4.11 of the Charter, the City is authorized to adopt
emergency ordinances for the preservation of public property, health, peace, or safety; and
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF ASPEN THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Code Amendment application to amend the land use code to allow for an administrative GMQS
exemption process for outdoor food vending is hereby approved.
Section 2
Land Use Code Section 26.470.070, GMQS exemptions, shall be amended to add Section
26.470.070(E)(3), GMQS Exemption for Outdoor Food Vending to read as follows:
Section 26.470. 070(E)(3), GMQS Exemption for Outdoor Food Vending:
A temporary use of outdoor food vending by a restaurant or retailer on private property,
private open space, or Public property that is subject to a mall lease for food vending or
outdoor restaurant seating in the Commercial Core (CC) Zone District shall be reviewed by the
Community Development Director. This exemption is available provided that the following
criterion are met:
The area of outdoor food vending activities may not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the
food vending activity.
Temporary outdoor food vending may only occur by or in association with
restaurant or retail uses and with the approval of the restaurant or retail
establishment's owner in which the outdoor food vending is associated and located
adjacent to:
An application to the Community Development Director for temporary outdoor food
vending shah only be submitted and approved subsequent to submitting and
obtaining approval of a food service plan from the Environmental Health
Department. The area of outdoor food vending activities shall include a waste
disposal container that shall be emptied daily and stored inside at night and when
the outdoor food vending activities are not in operation. Additionally, no outdoor,
open-flame char-broiling shall be permitted pursuant to Municipal Code Section
! 3.08.100, Restaurant Grills.
The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
The temporary outdoor food vending activities shall be limited to the seasonal time
period between June 1st and October 31st. An application for and an approval of
temporary outdoor vending activities shall not constitute nor be interpreted by any
property owner, developer, vendor, or court as a site specific development plan
entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or
Chapter 26.308 of this Title. Approvals granted in this subsection are subject to
revocation by the City Manager or Community Development Director without
requiring prior notice.
An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
regulations, including but not limited to building codes, health safety codes, fi~e
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
7.
Each vendor wishing to operate outdoor food vending activities shall apply for and
be approved for a permit (no fee required) to do so prior to commencing operations.
Applicable Environmental Health Plan Review fees shall apply.
Section 3
That Land Use Code Section 26.575.030(A)(10), Open Space Commercial Restaurant Use,
shall be amended to read as follows:
10. Commercial restaurant use. The provision above notwithstanding, required
open space may be used for commercial restaurant use if the Planning and
Zoning Commission determined by Special Review (See Chapter 26.430), that
such use is compatible with or enhances the purposes of these open space
requirements and that adequate pedestrian and emergency vehicle access will be
maintained, unless otherwise approved as set forth in Land Use Code Section
26. 470. 070(E)(3), GMQS Exemption for Outdoor Food Fending.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 6:
The City Council recognizes that the recent national and local economy has caused many local
businesses in the City of Aspen commercial core to suffer and there is an urgent need to increase
tourist traffic through the commercial core thus benefiting the entire Aspen economy; therefore,
the City Council hereby determines that there is an urgency and need for amending the Aspen
Land Use Code as hereinbefore proposed in order to preserve public property, health, peace and
safetv. This ordinance shall take effect upon final passage.
Section 7:
This ordinance shall be in place until December 31, 2004, at which time it will become null and
void unless readopted.
Section 8:
Second Reading of the Ordinance was held on the 15th day of June, 2004, at 5:00 p.m. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as an emergency ordinance as
provided by law, by the City Council of the City of Aspen on this 14th day of June, 2004.
ATTEST:
hryn S. K96~Jfi, City iZl~rk
Helen I~aliffKl~deil~"d,~layor r _x
FINAL~ LY,. ~ adopted, passed by a four to zero (4-0) vote and approved this 15th day of June, 2004.
ATTEST:~-'~
athryn S. Koc)~/~ity Clerk '
Approved as to form:
~-Johrr~t~rcesfer~ City Attorney