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HomeMy WebLinkAboutZOA-06-01City of `7~Theat d MUNITY DEVELOPMENT Memorandum TO: Case No. ZOA-06-O1/Temporary sales FROM: Meredith Reckert DATE: March 17, 2008 SUBJECT: File closure Please be advised that this case is being closed due to lack of political support. City of Wheat Ridge ~pF WHEgT p Community Development Department m Memorandum c~C ORA~~ TO: City Council FROM: Alan White, Community Development Director SUBJECT: ZOA-06-O1/Temporary Sales & Events DATE: 9 April 2007 Staff has taken a preliminary look at our process as it relates to temporary sales and events. The Code currently defines some regulations for temporary Christmas tree, produce and bedding plant sales; however, the definition and regulations are fairly narrow. We seem to have a problem every spring/summer with how to handle temporary events such as sidewalk sales, fundraisers and block parties, as the Code does not address these situations. In the past, we have required a temporary use permit for some sidewalk sales while others are allowed without any permit. Temporary food sales are allowed in front of an existing business, but no permit is required. The Code requires that for a temporary use permit, the applicant is required to submit a land use application, site plan, and $290 fee. The temporary use permit is valid for 30 days, and may be renewed twice in a 12 month period. A $100 fee is required for each renewal. After the Staff review, a ten-day public comment period begins. If anyone objects to the temporary use permit, a Board of Adjustment hearing is required. For a sale that might last one weekend, it could potentially take 5-6 weeks to get through the process. This is cumbersome and unnecessary. Staff feels that new regulations would eliminate confusion and inconsistency. Current Process The Code currently allows temporary Christmas tree lots and bedding plant sales in the RC, C-l, C- 2, and I zone districts as a permitted use. These uses must adhere to Section 26-627 of the Code of Laws, which states: • Temporary sales lots shall be permitted for no more than ninety (90) days. • If located upon a parcel which is occupied by a primary use, the temporary sales areas shall not occupy required parking spaces or fire lanes, and shall not be located within the required sight distance triangle of the intersection of two streets. • If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. • Temporary fences, signs, structures and other temporary improvements shall meet all zoning and building code requirements. • No such temporary sales lot shall occupy a parcel without first having received a business license, sales tax license, and building permit(s) as may be required by the City of Wheat Ridge. These regulations are fairly adequate for temporary Christmas tree lots, produce lots and bedding plant sales. The problem arises with `other' temporary sales and events. As the Code reads today, only temporary Christmas tree, produce sales and bedding plant sales are allowed. There is no mention of temporary sidewalk sales, prepared food sales or temporary events. The A-1 and A-2 zone districts allow a six-month temporary roadside stand for produce sales. These produce stands must be at least 30 feet from the street right-of-way, and temporary off-street parking shall be required. These roadside stands are for the sale of produce which is grown on the property. The residential zone districts do not allow any type of temporary sales or event; however, block parties have historically been allowed for residential subdivisions. To further confuse the issue, itinerant sales are a special use in the C-1, C-2 and I zone districts. The Code doesn't define itinerant sales, but staff has interpreted this as the sale of commercial goods not associated with a primary commercial business located on a roadside. For example, someone selling rugs in front of a gas station would be considered itinerant sales. With potential Code changes, Staff typically researches surrounding municipalities to determine if a widely-accepted approach is present. After performing research with other municipalities, it has become clear that every city has a unique process and unique regulations. Some require Council approval, while many make temporary events an administrative review, with no public process. Most municipalities require some sort of permit to be submitted, reviewed and ultimately approved. The permit fees range from $25.00 to $280.00, with a few municipalities requiring a large deposit ($1,000.00) to ensure site cleanup. Proposed Changes Staff proposes a change to Chapter 26 to address temporary uses. Staff suggests that Section 26-627 (Temporary Christmas tree lots, etc.) be revised to include a wider range of temporary sales and events. A new category would be listed in the use chart (for commercially zoned properties) called "Temporary sales and events". Staff suggests that this use should be an allowed use in all commercial zone districts (Neighborhood Commercial, Restricted Commercial, Commercial One, Commercial Two and Industrial). Additional regulations address the different types of temporary uses and events. The first major change is the establishment of two separate `temporary sales' categories: temporary sales and temporary events. Temporary sales would be sidewalk sales, Christmas tree or pumpkin lots, produce or bedding plant sales, and prepared food sales. Staff proposes that these temporary sales should be allowed for a period of ten days, by issuance of a temporary sales permit. The permit would be reviewed administratively, and can be renewed two times in a 12 month period. For example, a temporary sidewalk sale could occur for a period of ten days, and the permit may be renewed twice in a 12 month period, effectively allowing a 30 day temporary sale. As proposed, there are some exceptions to the ten-day time limit. Christmas tree lots or pumpkin patches usually occur for at least 30 days. Staff proposes that these tree lots and pumpkins patches should be a 30 day permit, not to be renewed within a 12 month period. Temporary bedding plant sales should be allowed for 30 days and may be renewed twice within a 12 month period. 2 Staff has also believes temporary food sales should be defined in these proposed regulations. For example, the hot dog cart out in front of the large format retailer should be allowed and classified as `temporary sales', but a ten or 30-day permit is unrealistic for these types of vendors. Staff proposes that these temporary vendors should be allowed for any amount of time, and that no permit is needed. The second category is temporary events. Temporary events would be fairs, carnivals, parades, road/bike races, grand openings (outdoor events only), fund raisers, auto shows and farmer's markets. Staff proposes these temporary events should be allowed for a period of ten days, and may not be renewed. The one exception is farmer's markets may be allowed for a period of 60 days. It should be noted that these temporary sales or events do not need to occur on consecutive days. For example, if a ten-day temporary event permit is granted for a carnival, the carnival could operate every Saturday and Sunday for a period of 5 weeks. Staff also feels that temporary block parties should be addressed in residential zone districts. These events have historically been allowed, but there are no regulations in the Code to dictate process, and there is no formal permitting process. Additionally, Staff suggests that temporary sales and events should be allowed for non-residential uses in the residential zone districts. For example, if a church wanted to conduct a fund raiser (like a car wash or bake sale) a temporary event permit would be required. Staff proposes that all temporary sales or events should be reviewed administratively without a public notice period. Not only do most surrounding jurisdictions review temporary sales or events permits administratively, adding a public process to these interim situations would unnecessarily lengthen the review process. It would also be beneficial to define itinerant sales in Sec. 26-630. Without this definition, it could be confusing trying to distinguish between itinerant sales and special sales events. Staff suggests that temporary roadside produce stands in the A-1 and A-2 zone district remain allowed uses for a period not to exceed six months. Staff would suggest that language be removed that requires that produce shall be grown onsite. A temporary sales permit should be submitted, reviewed and approved by Staff prior to establishment of any temporary roadside produce stand in the A-1 or A-2 zone district. The following suggested language would need to be inserted into Chapter 26 Sec. 26-123. Definitions Itinerant Sales. The temporary sale of goods, merchandise, products or services provided on a property not associated with a primary business. Itinerant sales occur in the parking lot of an existing business or on an undeveloped property, or adjacent to the roadway to capitalize on drive-by traffic. Itinerant sales shall not include any temporary sale or event as defined in this section. Outdoor food sales. The sale of prepared food products as an ancillary use to an existing commercial business. The sale typically occurs outside the building and may occur from a cart, stand or small temporary structure. The sale of food is typically for a perishable item to be consumed onsite. Temporary Sales and Events. Temporary sales are those activities which occur directly in front of an existing business where merchants sell goods associated with said business. Temporary sales include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. Temporary events shall include carnivals, fairs, parades, grand opening events for new businesses (outdoor events only), fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Sec. 26-204. Zone District Use Schedule Uses Notes R-1 R-IA R-IB R-IC R-2 R-2A R-3 R-3A Temporary See Sec. P P P P P P P P block 26-627 parties Temporary See Sec. P P P P P P P P sales and 26-627 events For non- residential uses only Uses Notes A-1 A-2 PF Roadside stands Provided such P P for operation for stands are located not more than 6 no less than 30 months per year feet from any for the sale of street, highway or farm products right-of-way line, and that temporary off street parking is provided Uses Notes NC RC C-1 C-2 I Temporary sales and events See Sec. 26- 627 P P P P P Section 26-627 would be amended to reflect the different requirements and regulations for temporary sales and temporary events. Submittal requirements, allowed timeframes, renewal periods and review process for temporary sales and events are all identified in this section. Regulations have also been included for temporary food sales, an event which is not addressed in Chapter 26. The attached ordinance contains all of the proposed language. All strike&eugh text indicates a deletion from the section. Planning Commission Action In June of 2006, Planning Commission reviewed these suggested changes, and recommended a few corrections and additions to the proposed ordinance. These changes are shown in bold yellow text on the attached ordinance. Planning Commission recommended that holiday tree and produce sales should be allowed for a period of sixty days, while farmer's markets shall be allowed for a period of ninety days. Additionally, they felt that temporary block parties should be allowed in the commercial zone districts. This use is already allowed in the residential zone districts. Finally, Planning Commission recommended that language should be included regarding the requirement for a liquor license for those events which serve liquor, and that non-profit agencies should be exempt from the application fee. INTRODUCED BY COUNCIL MEMBER Council Bill No. -2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO TEMPORARY OUTDOOR EVENTS AND SALES WHEREAS, the City of Wheat Ridge has adopted limited legislation pertaining to temporary holiday tree, produce and bedding plant sales lots; WHEREAS, the City of Wheat Ridge has recognized the need for the establishment of regulations pertaining to a greater range of temporary outdoor sales and events; WHEREAS, there are no current regulations pertaining specifically to temporary outdoor sales and events; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-123. Definitions of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-123. Definitions Itinerant Sales. The temporary sale of goods, merchandise, products or services provided on a property not associated with a primary business. Itinerant sales occur in the parking lot of an existing business or on an undeveloped property, adjacent to the roadway to capitalize drive-by traffic. Itinerant sales shall not include any temporary sale or event as defined in this section. Outdoor food sales. The sale of prepared food products as an ancillary use to an existing commercial business. The sale typically occurs outside the building and may occur from a cart, stand or small temporary structure. The sale of food is typically for a perishable item to be consumed onsite. Temporary Sales and Events. Temporary sales are those activities which occur directly in front of an existing business where merchants sell goods associated with said business. Temporary sales include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. Temporary events shall include carnivals, fairs, parades, grand opening events for new businesses (outdoor events only), fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Section 2. Section 26-204. Zone district use schedule of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-204. Zone District Use Schedule Uses Notes R-1 R-IA R-IB R-IC R-2 R-2A R-3 R-3A Temporary See Sec. P P P P P P P P block 26-627 parties Temporary See Sec. P P P P P P P P sales and 26-627 events For non- residential uses only Uses Notes A-1 A-2 PF Roadside stands Provided such P P for operation for stands are not more than 6 located no less months per year than 30 feet for the sale of from any street, farm products highway or predueed e> right-of-way made on #te line, and that premises: temporary off street parking is provided Uses Notes NC RC C-1 C-2 I Temporary sales and See Sec. 26- P P P P P events 627 Temporary block See Sec. 26- P P P P P parties 627 Section 3. Section 26-627. Temporary holiday tree, produce and bedding plant sales lots; conditions of the Wheat Ridge Code of Laws is hereby repealed and reenacted as follows: See 26 6271 Temporary holiday free p-ed ee and bedding ple"f s les lots; eandif ens A Te p sales l t ll he sh it t d f tl...., n et (90)-d - m er-ary o s t d B if h. a perm l l4 h : or nom m e :ed b a n y ore ay-s . i th t l ea e Won e ..h ll t m e e "ea p..«L y p :n spa es f ntary use, e emporary sa es fi es and ..1...11 net he e l Ra a afeas eee upy locate.- e 4t hi the ht .lis ired si g c or e t..iaR le t.. an r J of the inter-seetien of two y r q - n streets. C if l t d u g d l d g Re l d t ff t t -ki f th . oea e Wen an un must be n°,..' dad i D T f eve ope par-e t t e , a equa e d th t o s ree par ng area or e use M t t,; h ll . emper-ar-y eRees, s all zoning and buildin sale.-, tep,.. sa ° N gRs, s &ue wes g code requir-e les l t shell . an o er- em men4s. e p., a pe s a -Wee - . Bi l «e eiyed 4 e..t first ha..:n o orar L b l i li o s t li re cu d b ildi y g e it( ) b i d b eense, sa e us ness the C ty of Wheat Rid s ax eense, a gy n u ng p erm s as may e requ re y Sec. 26-627. Temporary outdoor sales and events A. Temporary sales and events shall be permitted in zone districts in accordance with Section 26-204 of this Code. B. Temporary sales shall include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. C. Temporary events shall include carnivals, fairs, parades, grand opening events for new businesses (outdoor events only), fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Temporary events may occur on properties without a primary business or structure, or in a parking lot of an existing business. D. Temporary block parties shall be allowed in the residential zone districts, pursuant to subsection J. E. The following temporary events or sales shall not be allowed: automobile, boat, trailer and recreational vehicle sales, itinerant sales and flea markets. F. Temporary sales shall not occur for a period longer than 10 calendar days. Temporary sales permits may be renewed up to two times in a twelve month period. Holiday tree or produce sales may occur for a period of 3,0 60 calendar days, and may not be renewed. Prepared food sales associated with an existing businesses are not limited by time, and do not require a permit. Bedding plant and produce sales may occur for a period of 30 60 days, and may be renewed twice within a 12 month period. G. Temporary events may occur for a maximum of 10 calendar days, and may not be renewed. Farmer's markets are allowed for a period of 60 90 calendar days, and may not be renewed. H. The allowed timeframe for temporary sales and events shall not be construed to exclusively mean the days are consecutive. By example, a ten-day temporary event may occur only on Saturday and Sunday for a period of five weeks. 1. Temporary events must supply adequate restroom facilities. J. Temporary sales or events must conform to the following standards: 1. A temporary sales and event permit is required. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. The minimum width for sidewalks must be maintained to allow passage for patrons, and must comply with minimum widths as defined by the Americans with Disabilities Act. 4. All fire lanes must be unimpeded. 5. Parking spaces required for the business (as defined in Section 26-501) must be maintained. Parking for temporary events must be provided either on site or on an adjacent property, with the property owner's consent. 6. Adequate trash receptacles must be provided for temporary events. 7. Temporary power must be in accordance with the current applicable electrical code, and must be reviewed and inspected by the Chief Building Official. 8. A sales tax license is required. 9. Signage for a temporary sale or event is permitted pursuant to Section 26-709 of this Code. 10. All lighting must conform to Section 26-503 of this Code. 11. Department of Health approval is required for the sale of prepared food. 12. For larger temporary events which utilize the public street right-of- way, a street closure permit may be required. 13. Temporary stands, booths, fences, barricades, electrical power drops or restrooms do not require a separate building permit; however, these items must be listed on the temporary sales and event permit. K. Temporary block parties must conform to the following standards: 1. Block parties are only allowed in the residential zone districts. 2. A temporary event permit must be completed and submitted. 3. A street closure permit may be required by the Director of Public Works or designee. L. Temporary outdoor food sales must adhere to the following standards: 1. A temporary sales and event permit is not required for temporary outdoor food sales. 2. There is no maximum timeframe assigned to temporary outdoor food sales. 3. The food sales must be ancillary to an existing commercial use. 4. Only one food merchant is allowed per principal commercial use. 5. Only food items to be consumed onsite are allowed. 6. No permanent structures are allowed. 7. Sales must occur within ten feet of the building. 8. Sales areas cannot be located within a landscaped area, parking area or fire lane. 9. A sales tax license is required. 10. Signage may only be applied to the cart, stand or temporary building. 4 11. All lighting must conform to Section 26-503 of this Code. 12. Department of Health approval is required for the sale of prepared food. 13. The minimum width for sidewalks must be maintained to allow passage for patrons, and must comply with minimum widths as defined by the Americans with Disabilities Act. 14. A building permit is required for electrical power improvements. Electrical power improvements must be in accordance with the current applicable electrical code, and must be reviewed and inspected by the Chief Building Official. A liquor license will be required if liquor is sold during the temporary event or sale. M. The following items must be submitted with a temporary sales and event permit (except where noted otherwise): 1. A completed temporary sales and event permit. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. A to-scale site plan identifying all use areas. 4. A narrative describing the nature of the temporary sale or event. 5. The appropriate fee as shown on the fee schedule. Non-profit organizations shall not be subject to the application fee. N. The temporary sales and events permit will be reviewed by the Community Development Director or his or her designee, and may be approved with conditions which relate to the specific request. Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 7. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2007, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to . , this day of 2007. SIGNED by the Mayor on this day of 12007. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1sT publication: 2"d publication: Wheat Ridge Transcript Effective Date: 6 City of Wheat Ridge of ""EgTP Community Development Department Memorandum c~~ORP~~ TO: Case File FROM: Travis Crane, Planner`,[ SUBJECT: ZOA-06-Ol/PC Recommendations DATE: 17 July 2006 • Waive fees for non-profit organizations • Allow block parties in commercial zone districts • "The following temporary events or sales shall not be allowed..." (page 5.E) • Increase Christmas tree lots to 60 days • Increase produce sales to 60 days • Increase farmer's markets to 90 days • Liquor license required if liquor is sold (L.14) Development, and an Outline Development Plan for property located at 5220 Quail Street, for the following reasons: 1. A change in character has recently occurred in the area. Adjacent properties have been rezoned and developed with single-family residential homes. A large retail center has been constructed within''/: mile of the subject property. A proposed light rail line will be located just south of Ridge Road. These changes create a favorable climate for additional residences. 2. The change in zone is compatible with new development to the east and the proposed Arvada Comprehensive Plan update directly to the west. 3. Adequate infrastructure will be constructed as a result of the development. Two existing roads will be widened and improved, and two new streets will be constructed. Sidewalks will be constructed adjacent to the new public streets to serve the neighborhood. These additions and alterations will improve the vehicular and pedestrian traffic in the area. 4. The change in zone will not adversely affect the public health, safety or welfare, nor will it create an isolated or spot zone district. 5. The change in zone will be in conformance with several goals of the Comprehensive Plan, specifically providing quality aesthetically pleasing housing, providing a variety of housing and development that is a contribution to and compatible with the surrounding neighborhood. With the following condition: 1. The note on the ODP in Character of Development shall be amended to read: Accessory structures larger than 120 square feet in area shall be constructed of materials and painted in a manner similar to and compatible with the primary structure. The motion passed 8-0. CB. Case No. ZOA-06-01- An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning Temporary Sales and Events. This case was presented by Travis Crane. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. Commissioner PLUMMER suggested changing 60 days to 90 for farmers markets and Christmas tree lots and plant stands to 60 from 30. Planning Commission July 6, 2006 -4- Commissioner BRINKMAN expressed concern that auto sales could take place at auto shows. Mr. Crane replied that this could possibly happen from time to time and would be an enforcement issue. Commissioner BRINKMAN commented that there has been a predominance of antique flea markets in the area and suggested that these events be allowed. Commissioner SCEZNEY asked about the sale of alcoholic beverages. Mr. Crane suggested that liquor sales should be excluded from the temporary food category. If liquor sales are to take place at an event, the city clerk's office should be contacted in order to obtain a permit. He also explained that the intent of limiting food sales to that which could be consumed on the premises was to prevent the sale of groceries to be taken home at temporary events. Commissioner STEWART expressed concern about requiring permits and fees for fundraisers such as car washes. Mr. Crane suggested that fees be waived for such events. Chair WESLEY asked if there were any individuals present who wished to address this matter. There was no response. It was moved by Commissioner CHILVERS and seconded by Commissioner STEWART to recommend approval of the ordinance amending Chapter 26 of the Zoning Code which will establish regulations for temporary sales and events as presented by staff. Commissioner PLUMMER offered a friendly amendment to allow holiday tree sales to occur for 60 days rather than 30, that bedding plant sales be allowed for 60 days rather than 30, and that farmers markets be allowed for 90 days rather than 60. This amendment was accepted by Commissioners CHILVERS and STEWART. Commissioner STEWART offered a friendly amendment to give staff discretion to waive fees for fundraising events. This amendment was accepted by Commissioners CHILVERS and STEWART. Commissioner BRINKMAN offered a friendly amendment to add the word "sales" to paragraph "E" under Section 26-627 to read "The following temporary sales events shall not be allowed This amendment was accepted by Commissioners CHILVERS and STEWART. Commissioner BRINKMAN offered a friendly amendment to add an additional standard under Section 26-627 that would read: "Liquor sales must have a valid liquor license where applicable." This amendment was accepted by Commissioners CHILVERS and STEWART. Planning Commission July 6, 2006 -5 - Commissioner SCEZNEY offered a friendly amendment to remove L-4 which states that only one food merchant is allowed per principal commercial use. The amendment was not accepted by the maker of the motion. I_ The amended motion passed 8-0. 8. OLD BUSINESS • There was a consensus to add Dark Skies discussion as a future agenda item. • Commissioner PLUMMER commented that he believed the Commission should not have yielded to the 25' pole height for Cabela's. 9. NEW BUSINESS A. Amendment to Planning Commission Bylaws The primary change to the bylaws is to paragraph 10 dealing with quorums. Under the proposed change, items scheduled for the meeting at which no quorum is present would automatically be continued to the next regular meeting. There was a consensus to change paragraph 2, Special Meetings to read: "Special meetings may be established by motion and a favorable vote of the Commission at a regular meeting or may be called by the Commission Secretary upon written request of the chairman or any two members of the Commission......... It was moved by Commissioner PLUMMER and seconded by Commissioner SCEZNEY to approve the proposed bylaws changes with the suggested changes and direct that they be forwarded to City Council for ratification. The motion passed 8-0. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to adjourn the meeting at 9:20 p.m. The motion passed 8-0. Scott Wesley, Chair Planning Commission July 6, 2006 Ann Lazzeri, Secretary -6- City of Wheat Ridge of "HEgTP Community Development Department Memorandum c~C pRpD~ TO: Planning Commission FROM: Travis Crane, Planner SUBJECT: ZOA-06-0 I /Temporary Sales & Events DATE: 19 June 2006 Staff has taken a preliminary look at our process as it relates to temporary sales and events. The Code currently defines some regulations for temporary Christmas tree, produce and bedding plant sales; however, the definition and regulations are fairly narrow. We seem to have a problem every spring/summer with how to handle temporary events such as sidewalk sales, fundraisers and block parties, as the Code does not address these situations. In the past, we have required a temporary use permit for some sidewalk sales while others are allowed without any permit. Temporary food sales are allowed in front of an existing business, but no permit is required. The Code requires that for a temporary use permit, the applicant is required to submit a land use application, site plan, and $290 fee. The temporary use permit is valid for 30 days, and may be renewed twice in a 12 month period. A $100 fee is required for each renewal. After the Staff review, a ten-day public comment period begins. If anyone objects to the temporary use permit, a Board of Adjustment hearing is required. For a sale that might last one weekend, it could potentially take 5-6 weeks to get through the process. This is cumbersome and unnecessary. Staff feels that new regulations would eliminate confusion and inconsistency. Current Process The Code currently allows temporary Christmas tree lots and bedding plant sales in the RC, C-1, C- 2, and I zone districts as a permitted use. These uses must adhere to Section 26-627 of the Code of Laws, which states: • Temporary sales lots shall be permitted for no more than ninety (90) days. • If located upon a parcel which is occupied by a primary use, the temporary sales areas shall not occupy required parking spaces or fire lanes, and shall not be located within the required sight distance triangle of the intersection of two streets. • If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. • Temporary fences, signs, structures and other temporary improvements shall meet all zoning and building code requirements. • No such temporary sales lot shall occupy a parcel without first having received a business license, sales tax license, and building permit(s) as may be required by the City of Wheat Ridge. These regulations are fairly adequate for temporary Christmas tree lots, produce lots and bedding plant sales. The problem arises with `other' temporary sales and events. As the Code reads today, only temporary Christmas tree, produce sales and bedding plant sales are allowed. There is no mention of temporary sidewalk sales, prepared food sales or temporary events. The A-1 and A-2 zone districts allow a six-month temporary roadside stand for produce sales. These produce stands must be at least 30 feet from the street right-of-way, and temporary off-street parking shall be required. These roadside stands are for the sale of produce which is grown on the property. The residential zone districts do not allow any type of temporary sales or event; however, block parties have historically been allowed for residential subdivisions. To further confuse the issue, itinerant sales are a special use in the C-1, C-2 and I zone districts. The Code doesn't define itinerant sales, but staff has interpreted this as the sale of commercial goods not associated with a primary commercial business located on a roadside. For example, someone selling rugs in front of a gas station would be considered itinerant sales. With potential Code changes, Staff typically researches with surrounding municipalities to determine if a widely-accepted approach is present. After performing research with other municipalities, it has become clear that every city has a unique process and unique regulations. Some require Council approval, while many make temporary events an administrative review, with no public process. Most municipalities require some sort of permit to be submitted, reviewed and ultimately approved. The permit fees range from $25.00 to $280.00, with a few municipalities requiring a large deposit ($1,000.00) to ensure site cleanup. Proposed Changes It is proposed that a change occur in Chapter 26 to address these deficiencies and clarify the confusion. Staff suggests that Section 26-627 (Temporary Christmas tree lots, etc.) be revised to include a wider range of temporary sales and events. A new category would be listed in the use chart (for commercially zoned properties) called "Temporary sales and events". Staff suggests that this use should be an allowed use in all commercial zone districts (Neighborhood Commercial, Restricted Commercial, Commercial One, Commercial Two and Industrial). Regulations should be created which address the different types of temporary event. The first major change is the establishment of two separate `temporary sales' categories: temporary sales and temporary events. Temporary sales would be sidewalk sales, Christmas tree or pumpkin lots, produce or bedding plant sales, and prepared food sales. Staff proposes that these temporary sales should be allowed for a period of ten days, by issuance of a temporary sales permit. The permit would be reviewed administratively, and can be renewed two times in a 12 month period. For example, a temporary sidewalk sale could occur for a period of ten days, and the permit may be renewed twice in a 12 month period, effectively allowing a 30 day temporary sale. As proposed, there are some exceptions to the ten-day time limit. Christmas tree lots or pumpkin patches usually occur for at least 30 days. Staff proposes that these tree lots and pumpkins patches should be a 30 day permit, not to be renewed within a 12 month period. Temporary bedding plant sales should be allowed for 30 days and may be renewed twice within a 12 month period. 2 Staff has also believes temporary food sales should be defined in these proposed regulations. For example, the hot dog cart out in front of the large format retailer should be allowed and classified as `temporary sales', but a ten or 30-day permit is unrealistic for these types of vendors. Staff proposes that these temporary vendors should be allowed for any amount of time, and that no permit is needed. The second category is temporary events. Temporary events would be fairs, carnivals, parades, road/bike races, grand openings (outdoor events only), fund raisers, auto shows and farmer's markets. Staff proposes these temporary events should be allowed for a period of ten days, and may not be renewed. The one exception is farmer's markets may be allowed for a period of 60 days. It should be noted that these temporary sales or events do not need to occur on consecutive days. For example, if a ten-day temporary event permit is granted for a carnival, the carnival could operate every Saturday and Sunday for a period of 5 weeks. Staff also feels that temporary block parties should be addressed in residential zone districts. These events have historically been allowed, but there are no regulations in the Code to dictate process, and there is no formal permitting process. Additionally, Staff suggests that temporary sales and events should be allowed for non-residential uses in the residential zone districts. For example, if a church wanted to conduct a fund raiser (like a car wash or bake sale) a temporary event permit would be required. Staff proposes that all temporary sales or events should be reviewed administratively without a public notice period. Not only do most surrounding jurisdictions review temporary sales or events permits administratively, adding a public process to these interim situations would be unnecessary and would lengthen the review process. Staff understands that City Council is interested in creating a more streamlined, predictable land use approval process. It would also be beneficial to define itinerant sales in Sec. 26-630. Without this definition, it could be confusing trying to distinguish between itinerant sales and special sales events. Staff suggests that temporary roadside produce stands in the A-1 and A-2 zone district shall remain an allowed use for a period not to exceed six months. Staff would suggest that language should be removed that requires that produce shall be grown onsite. A temporary sales permit should be submitted, reviewed and approved by Staff prior to establishment of any temporary roadside produce stand in the A-1 or A-2 zone district. The following suggested language would need to be inserted into Chapter 26: Sec. 26-123. Definitions Itinerant Sales. The temporary sale of goods, merchandise, products or services provided on a property not associated with a primary business. Itinerant sales occur in the parking lot of an existing business or on an undeveloped property, adjacent to the roadway to capitalize drive-by traffic. Itinerant sales shall not include any temporary sale or event as defined in this section. Outdoor food sales. The sale of prepared food products as an ancillary use to an existing commercial business. The sale typically occurs outside the building and may occur from a cart, stand or small temporary structure. The sale of food is typically for a perishable item to be consumed onsite. Temporary Sales and Events. Temporary sales are those activities which occur directly in front of an existing business where merchants sell goods associated with said business. Temporary sales include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. Temporary events shall include carnivals, fairs, parades, grand opening events for new businesses (outdoor events only), fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Sec. 26-204. Zone District Use Schedule Uses Notes R-1 R-IA R-IB R-IC R-2 R-2A R-3 R-3A Temporary See Sec. P P P P P P P P block 26-627 parties Temporary See Sec. P P P P P P P P sales and 26-627 events For non- residential uses only Uses Notes A-1 A-2 PF Roadside stands Provided such P P for operation for stands are located not more than 6 no less than 30 months per year feet from any for the sale of street, highway or farm products right-of-way line, and that temporary off street parking is provided uses Notes NC RC C-1 C-2 I Temporary sales and events See Sec. 26- 627 P P P P P Sec. 26-627. Temporary outdoor sales and events A. Temporary sales and events shall be permitted in zone districts in accordance with Section 26-204 of this Code. B. Temporary sales shall include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. C. Temporary events shall include carnivals, fairs, parades, grand opening events for new businesses (outdoor events only), fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Temporary events may occur on properties without a primary business or structure, or in a parking lot of an existing business. D. Temporary block parties shall be allowed in the residential zone districts, pursuant to subsection J. E. The following temporary events shall not be allowed: automobile, boat, trailer and recreational vehicle sales, itinerant sales and flea markets. F. Temporary sales shall not occur for a period longer than 10 calendar days. Temporary sales permits may be renewed up to two times in a twelve month period. Holiday tree or produce sales may occur for a period of 30 calendar days, and may not be renewed. Prepared food sales associated with an existing businesses are not limited by time, and do not require a permit. Bedding plant sales may occur for a period of 30 days, and may be renewed twice within a 12 month period. G. Temporary events may occur for a maximum of 10 calendar days, and may not be renewed. Farmer's markets are allowed for a period of 60 calendar days, and may not be renewed. H. The allowed timeframe for temporary sales and events shall not be construed to exclusively mean the days are consecutive. By example, a ten-day temporary event may occur only on Saturday and Sunday for a period of five weeks. I. Temporary events must supply adequate restroom facilities. J. Temporary sales or events must conform to the following standards: 1. A temporary sales and event permit is required. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. The minimum width for sidewalks must be maintained to allow passage for patrons, and must comply with minimum widths as defined by the Americans with Disabilities Act. 4. All fire lanes must be unimpeded. 5. Parking spaces required for the business (as defined in Section 26-501) must be maintained. Parking for temporary events must be provided either on site or on an adjacent property, with the property owner's consent. 6. Adequate trash receptacles must be provided for temporary events. 7. Temporary power must be in accordance with the current applicable electrical code, and must be reviewed and inspected by the Chief Building Official. 8. A sales tax license is required. 9. Signage for a temporary sale or event is permitted pursuant to Section 26-709 of this Code. 10. All lighting must conform to Section 26-503 of this Code. 11. Department of Health approval is required for the sale of prepared food. 12. For larger temporary events which utilize the public street right-of-way, a street closure permit may be required. 13. Temporary stands, booths, fences, barricades, electrical power drops or restrooms do not require a separate building permit; however, these items must be listed on the temporary sales and event permit. K. Temporary block parties must conform to the following standards: 1. Block parties are only allowed in the residential zone districts. A temporary event permit must be completed and submitted. A street closure permit may be required by the Director of Public Works or designee. L. Temporary outdoor food sales must adhere to the following standards: 1. A temporary sales and event permit is not required for temporary outdoor food sales. 2. There is no maximum timeframe assigned to temporary outdoor food sales. 3. The food sales must be ancillary to an existing commercial use. 4. Only one food merchant is allowed per principal commercial use. 5. Only food items to be consumed onsite are allowed. 6. No permanent structures are allowed. 7. Sales must occur within ten feet of the building. 8. Sales areas cannot be located within a landscaped area, parking area or fire lane. 9. A sales tax license is required. 10. Signage may only be applied to the cart, stand or temporary building. 11. All lighting must conform to Section 26-503 of this Code. 12. Department of Health approval is required for the sale of prepared food. 13. The minimum width for sidewalks must be maintained to allow passage for patrons, and must comply with minimum widths as defined by the Americans with Disabilities Act. 14. A building permit is required for electrical power improvements. Electrical power improvements must be in accordance with the current applicable electrical code, and must be reviewed and inspected by the Chief Building Official. M. The following items must be submitted with a temporary sales and event permit (except where noted otherwise): 1. A completed temporary sales and event permit. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. A to-scale site plan identifying all use areas. 4. A narrative describing the nature of the temporary sale or event. 5. The appropriate fee as shown on the fee schedule. N. The temporary sales and events permit will be reviewed by the Community Development Director or his or her designee, and may be approved with conditions which relate to the specific request. Recommended Motion "I move to recommend approval of the ordinance amending Chapter 26 of the Zoning Code which will establish regulations for temporary sales and events as presented by staff." If Planning Commission wishes to change any of the suggested language: "I move to recommend approval of the ordinance amending Chapter 26 of the Zoning Code which will establish regulations for temporary sales and events, with the following changes: 1. INTRODUCED BY COUNCIL MEMBER Council Bill No. -2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO TEMPORARY OUTDOOR EVENTS AND SALES WHEREAS, the City of Wheat Ridge has adopted limited legislation pertaining to temporary holiday tree, produce and bedding plant sales lots; WHEREAS, the City of Wheat Ridge has recognized the need for the establishment of regulations pertaining to a greater range of temporary outdoor sales and events; WHEREAS, there are no current regulations pertaining specifically to temporary outdoor sales and events; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-123. Definitions of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-123. Definitions Itinerant Sales. The temporary sale of goods, merchandise, products or services provided on a property not associated with a primary business. Itinerant sales occur in the parking lot of an existing business or on an undeveloped property, adjacent to the roadway to capitalize drive-by traffic. Itinerant sales shall not include any temporary sale or event as defined in this section. Outdoor food sales. The sale of prepared food products as an ancillary use to an existing commercial business. The sale typically occurs outside the building and may occur from a cart, stand or small temporary structure. The sale of food is typically for a perishable item to be consumed onsite. Temporary Sales and Events. Temporary sales are those activities which occur directly in front of an existing business where merchants sell goods associated with said business. Temporary sales include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. Temporary events shall include carnivals, fairs, parades, grand opening events for new businesses (outdoor events only), fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Section 2. Section 26-204. Zone district use schedule of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-204. Zone District Use Schedule Uses Notes R-1 R-1A R-1B R-IC R-2 R-2A R-3 R-3A Temporary See Sec. P P P P P P P P block 26-627 parties Temporary See Sec. P P P P P P P P sales and 26-627 events For non- residential uses only Uses Notes A-1 A-2 PF Roadside stands Provided such P P for operation for stands are not more than 6 located no less months per year than 30 feet for the sale of from any street, farm products highway or pfedueed-ef right-of-way ndp an tbe line, and that temporary off street parking is provided Uses Notes NC RC C 1 C-2 I Temporary sales and events See Sec. 26- 627 P P 1 P P P Section 3. Section 26-627. Temporary holiday tree, produce and bedding plant sales lots; conditions of the Wheat Ridge Code of Laws is hereby repealed and reenacted as follows: See. 26 6-27 T Y J holiday tree produce bedding -1 - sales lets; eenditions. A T lets shall h sales Y J r e..el ..1'i D if i d e e ; n :e'7 b „ e the tem«erat.., sales rimar e Y Y y p Y y afeas shall not YJ requir i 1 t .7 d h i hi ed Y ht dist a spaees of l e tri fire lanes, and shall not b e "f the :«terseet;en of t..... s e f fe n t w t g anc ang streets. d ele G'' if 1 d ed el d ate off str et erk4« area fey the use n e s4 be previded-. p s ) a g Y ildin eerie d b i ll re ,&i-e ment g u an zeii ng a q l l f 1 N such 7 s let teffiper-ary b li 4 t h i h 11 e d b ildi . it ou4 irst ha ng..e a e' be re uired b ermit(s) as ma e eense, sa es ax us ness eftse, a ng p n u y q Sec. 26-627. Temporary outdoor sales and events A. Temporary sales and events shall be permitted in zone districts in accordance with Section 26-204 of this Code. B. Temporary sales shall include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. C. Temporary events shall include carnivals, fairs, parades, grand opening events for new businesses (outdoor events only), fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Temporary events may occur on properties without a primary business or structure, or in a parking lot of an existing business. D. Temporary block parties shall be allowed in the residential zone districts, pursuant to subsection J. E. The following temporary events shall not be allowed: automobile, boat, trailer and recreational vehicle sales, itinerant sales and flea markets. F. Temporary sales shall not occur for a period longer than 10 calendar days. Temporary sales permits may be renewed up to two times in a twelve month period. Holiday tree or produce sales may occur for a period of 30 calendar days, and may not be renewed. Prepared food sales associated with an existing businesses are not limited by time, and do not require a permit. Bedding plant sales may occur for a period of 30 days, and may be renewed twice within a 12 month period. G. Temporary events may occur for a maximum of 10 calendar days, and may not be renewed. Farmer's markets are allowed for a period of 60 calendar days, and may not be renewed. H. The allowed timeframe for temporary sales and events shall not be construed to exclusively mean the days are consecutive. By example, a ten-day temporary event may occur only on Saturday and Sunday for a period of five weeks. 1. Temporary events must supply adequate restroom facilities. J. Temporary sales or events must conform to the following standards: 1. A temporary sales and event permit is required. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. The minimum width for sidewalks must be maintained to allow passage for patrons, and must comply with minimum widths as defined by the Americans with Disabilities Act. 4. All fire lanes must be unimpeded. 5. Parking spaces required for the business (as defined in Section 26-501) must be maintained. Parking for temporary events must be provided either on site or on an adjacent property, with the property owner's consent. 6. Adequate trash receptacles must be provided for temporary events. 7. Temporary power must be in accordance with the current applicable electrical code, and must be reviewed and inspected by the Chief Building Official. 8. A sales tax license is required. 9. Signage for a temporary sale or event is permitted pursuant to Section 26-709 of this Code. 10. All lighting must conform to Section 26-503 of this Code. 11. Department of Health approval is required for the sale of prepared food. 12. For larger temporary events which utilize the public street right-of- way, a street closure permit may be required. 13. Temporary stands, booths, fences, barricades, electrical power drops or restrooms do not require a separate building permit; however, these items must be listed on the temporary sales and event permit. K. Temporary block parties must conform to the following standards: 1. Block parties are only allowed in the residential zone districts. 2. A temporary event permit must be completed and submitted. 3. A street closure permit may be required by the Director of Public Works or designee. L. Temporary outdoor food sales must adhere to the following standards: 1. A temporary sales and event permit is not required for temporary outdoor food sales. 2. There is no maximum timeframe assigned to temporary outdoor food sales. 3. The food sales must be ancillary to an existing commercial use. 4. Only one food merchant is allowed per principal commercial use. 5. Only food items to be consumed onsite are allowed. 6. No permanent structures are allowed. 7. Sales must occur within ten feet of the building. 8. Sales areas cannot be located within a landscaped area, parking area or fire lane. 9. A sales tax license is required. 10. Signage may only be applied to the cart, stand or temporary building. 4 11. All lighting must conform to Section 26-503 of this Code. 12. Department of Health approval is required for the sale of prepared food. 13. The minimum width for sidewalks must be maintained to allow passage for patrons, and must comply with minimum widths as defined by the Americans with Disabilities Act. 14. A building permit is required for electrical power improvements. Electrical power improvements must be in accordance with the current applicable electrical code, and must be reviewed and inspected by the Chief Building Official. M. The following items must be submitted with a temporary sales and event permit (except where noted otherwise): 1. A completed temporary sales and event permit. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. A to-scale site plan identifying all use areas. 4. A narrative describing the nature of the temporary sale or event. 5. The appropriate fee as shown on the fee schedule. N. The temporary sales and events permit will be reviewed by the Community Development Director or his or her designee, and may be approved with conditions which relate to the specific request. Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 7. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of -2006. SIGNED by the Mayor on this day of 2006. JERRY DITULLIO, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 ST publication: 2„ d publication: Wheat Ridge Transcript Effective Date: NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING CONINIISSION on July 6, 2006, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-06-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning Temporary Sales and Events. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: June 29, 2006 City of Wheat Ridge of ""EqT P Community Development Department Memorandum c~~ORP~~ TO: Planning Staff FROM: Travis Crane, Plarm SUBJECT: Temporary Sales & Events DATE: 12 May 2006 I have taken a preliminary look at our process as it relates to temporary sales and events. The Code currently defines some regulations for temporary Christmas tree, produce and bedding plant sales; however, the definition and regulations are fairly narrow. We seem to have a problem every spring/summer with how to handle temporary events such as sidewalk sales, fundraisers and block parties, as the Code does not address these situations. I have done some preliminary research with other municipalities and (surprise) every city has a unique process. Some require Council approval, while many make temporary events an administrative review, with no public process. The Code currently allows temporary Christmas tree lots (et al) in the RC, C-1, C-2, and I zone districts. The A-1 and A-2 zone districts allow a six-month temporary roadside stand for produce sales. The residential zone districts do not allow any type of temporary sales or event. To further confuse the issue, itinerant sales are a special use in the C-1, C-2 and I zone districts. The Code doesn't define itinerant sales. It seems inevitable that a Code amendment would be required (as opposed to a policy adoption). I would suggest that Section 26-627 (Temporary Christmas tree lots, etc.) be revised to include all temporary sales and events: I would also suggest that a temporary sales and event permit be created. I feel it would be beneficial to define itinerant sales in Sec. 26-630. If we don't, it could be confusing distinguishing between itinerant sales and special sales events: Below is my first attempt at the Code amendment; the permit will be forthcoming once all issues have been addressed or identified. Sec. 26-627. Temporary sales and events A. Temporary sales and events shall be permitted in zone districts in accordance with Section 26-204 of this Code. B. Temporary sales shall include sidewalk sales for existing businesses, holiday tree or produce sales, produce sales, bedding plant sales and prepared food sales associated with an existing business, carnival or fair. C. Temporary events shall include carnivals, fairs, grand opening events for new businesses, fund-raisers for non-profit organizations, automobile shows where the automobiles are not for sale, farmer's markets, road races such as running, walking and bicycling events and special events such as block parties. Temporary events may occur on properties without a primary business or structure, or in a parking lot of an existing business. D. The following temporary events shall not be allowed: automobile, boat, trailer and recreational vehicle sales, itinerant sales and flea markets. E. Temporary-sales-shall-not occur for-a period-longer--than -l0-calendar-days.-Temporary-sales permits may be renewed up to two times in a twelve month period. Holiday tree or produce sales may occur for a period of 30 calendar days, and may not be renewed. F. Temporary events may occur for a maximum of 10 calendar days, and may not be renewed. G. Temporary events must supply adequate restroom facilities. H. Temporary sales or events must conform to the following standards: 1. A temporary sales and event permit is required. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. The minimum width for sidewalks must be maintained to allow passage for patrons. 4. All fire lanes must be unimpeded. 5. Parking spaces required for the business (as defined in Section 26-501) must be maintained. Parking for temporary events must be provided either on site or on an adjacent property, with the property owner's consent. 6. Adequate trash receptacles must be provided for temporary events. 7. Temporary power must be in accordance with the current applicable electrical code, and must be reviewed and inspected by the Chief Building Official. 8. A sales tax license is required. 9. Signage for a temporary sale or event is permitted pursuant to Article VII of this Code; however, a permit is not required for temporary signage. 10. All lighting must conform to Section 26-503 of this Code. 11. Department of Health approval is required for the sale of prepared food. 12. For larger temporary events which utilize the public street right-of-way, a street closure permit may be required. 13. Temporary stands, booths, fences, barricades, electrical power drops or restrooms do not require a separate building permit. 1. The following items must be submitted with a temporary sales and event permit: 1. A completed temporary sales and event permit. 2. For property not owned by the sales or event coordinator, consent from the property owner must be supplied. 3. A to-scale site plan identifying all use areas. 4. A narrative describing the nature of the temporary sale or event. J. The temporary sales and events permit will be reviewed by the Community Development Director or his or her designee, and may be approved with conditions which relate to the specific request. I'm not quite sure what to do about outdoor food sales. It seems logical that this use be included somehow in the `temporary sale and event' permit process. I would suggest that Sec. 26-204 (zone district use schedule) be amended to allow temporary sales or events for non-residential uses in residential zone districts for events such as fundraisers, bake sales, car washes, etc. Along those lines, should an allowance be created in all residential zone districts for block parties and consolidated garage sales, or is that overkill? Let's talk about these issues on Tuesday. co E 9 M c : m co P -S _ Wz E w_ . Lk 7 EA 4 w O . G P R Ni l _ N _ O N y co _ F E u- E E X4 Co - EE M a R - cc 0 0) E Dm gi M r X (V N O . a o RE Z T - -o ` + 9 4 W 0. - E, _ ° IW 90 9 Ea . d R I W F I i t 3tEE L N AV, ate : o ? a - Pol o i , n E - ~ 16 . o c - > - m m: - - - -C C` - - - V . M -x , u i a a: T o M AS S e a; 4 1 - 7 N _ - - co Co 0 O) (0 p a'i.. f O N N N . E N . ' X 43 - - - O - IN I N ` & i m a m Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: OA0601 Quarter Section Map No.: Citywide Related Cases: Case History: mend code concerning emporary Sales & Events . Review Body: APN: 7 2nd Review Body: 2nd Review Date: ! Decision-making Body: Approval/Denial Date: . Reso/Ordinance No.: C: 716/06 CC CC Conditions of Approval: District: I Crane ctive Date Received: 511912006 Pre-App Date:- 664 P e_:f City of Wheat Ridge Planning and Development Department Memorandum TO: Potential Outdoor Food Vendors FROM: Meredith Reckert, Senior Planner SUBJECT: Outdoor Food Sales DATE: November 8, 2001 The following is the Planning and Development Department's policy for outdoor food vending. All other itinerant sales shall conform to the provisions of Section 26-627 of the Wheat Ridge Code of Laws. Outdoor food sales will be allowed under the following conditions • The property on which the food sales occurs must be commercially zoned. • The food sales must be ancillary to an existing commercial use. • Only one food merchant is allowed per principal commercial use. • The food sales must occur on private property. • Approval of the property owner is required in writing. • A sales tax license is required. • All applicable department of health requirements must be met. • Only food items to be consumed on site can be sold. • No permanent structures are allowed. • Sales must occur within 10' of the front of the building. • Sales areas can't be located in landscaping or in the parking lot, including fire lanes. • If the sales area is located on the sidewalk adjacent to the building, it cannot impede handicapped access. • No signage is allowed except on the food sales cart. • Any lighting must be indirect. • Site plan approval by staff is required. A copy of the approved site plan will be placed in the building permit file for the primary commercial use. • A building permit will be required for any electrical improvements.