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HomeMy WebLinkAboutordinance.council.002-05ORDINANCE NO. 2 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CODE AMENDMENT EXTENDING THE ACTIVATION PERIOD OF THE LAND USE CODE LANGUAGE APPROVED IN ORDINANCE NO. 23, SERIES OF 2004 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 in May of 2004; and, WHEREAS, amendments to Title 26, the City of Aspen Land Use Code were required to provide such allowances for seasonal outdoor food vending; and, WHEREAS, City Council approved land use code amendments to create a GMQS exemption to allow for seasonal outdoor food vending pursuant to Ordinance No. 23, Series of 2004, in June of 2004; and, WHEREAS, the GMQS exemption for seasonal outdoor food vending was considered experiment and Ordinance No. 23, Series of 2004, included code amendments that would be rendered null and void on December 31, 2004, unless City Council readopts the language; and, WHEREAS, during a duly noticed public hearing on January 24, 2005, the Aspen City Council reviewed and approved by a five to zero (5-0) vote, a request by the City of Aspen Community Development Department to extend the time period by one year in which the land use code language approved in Ordinance No. 23, Series of 2004, would actively apply; 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, 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, City Council hereby extends the time period by one year in which the land use code language approved in Ordinance No. 23, Series of 2004, would actively apply. Section 2 The land use code language that was approved and added to the code pursuant to Ordinance No. 23, Series of 2004, is to remain active until December 31, 2005, reads as follows: Section 26. 470. 070(E) (3), GMQS Exemption for Outdoor Food l/ending: ~t 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 criteria are met: The area of outdoor food vending activities may not exceed fifiy (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 shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include 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 13.08.100, 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 outdoor food vending activities may occur year-round. 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, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. 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 26.575.030(A)(10), Open Space Commercial Restaurant Use 10. Commercial restaurant use. The provision above notwithstanding, required open space may be used for commercial restaurant use if the Planning and Zoning Commission determines 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 Vending. Section 3: This ordinance shall be in place until December 31, 2005, at which time it will become null and void unless readopted by City Council. 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: A public heating on this Ordinance was held on the 24th day of January, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, REAl}, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this l0th day of January, 2005. ATTEST: Kathryn S. l~ch, City Clerk "-- HelentKal~n~Kla~, Mayor FINALLY, adopted, passed, and approved this 24h day of January, 2005. ATTEST: Kathryn S. ~h~ (2ity Clerk Approved as to form: c~o'tfiT~c~t er, City~.ttomey